LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 2nd, 2016 • Enphase Energy, Inc. • Semiconductors & related devices • California
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of July 8, 2016, (the “Effective Date”) is entered into between Enphase Energy, Inc., a Delaware corporation (“Borrower”), each Lender (as defined in Section 14) and Obsidian Agency Services, Inc., a California corporation, in its capacity as administrative and collateral agent (the “Agent”) for Lenders, and provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
AMENDMENT NO. 2 TO COOPERATION AGREEMENT AND AMENDMENT NO. 1Cooperation Agreement • November 2nd, 2016 • Enphase Energy, Inc. • Semiconductors & related devices
THIS AMENDMENT NO. 2 TO COOPERATION AGREEMENT AND AMENDMENT NO. 1 (this “Amendment”) is entered into this 1st day of September, 2016 by and between Enphase Energy, Inc., a Delaware corporation (“Enphase”) and Phoenix Contact GmbH & Co. KG and Phoenix Contact USA, Inc., (collectively “Phoenix Contact”). Capitalized terms used herein without definition shall have the same meanings given them in the Cooperation Agreement (as defined below).
Amendment #1 to the Flextronics Logistics Services AgreementFlextronics Logistics Services Agreement • November 2nd, 2016 • Enphase Energy, Inc. • Semiconductors & related devices
This Amendment # 1 (“Amendment #1) to the Flextronics Logistics Services Agreement with an effective date of May 1st, 2009 (“Agreement”) is entered into as of this 28th day of July, 2016 (the “Effective Date”), by and between Enphase Energy, Inc. (“Enphase”), with an address at 201 1st Street, Petaluma, CA 94952, and Flextronics America LLC (“Flextronics”) with an address of 260 South Milpitas Blvd., Milpitas, CA 95035 (together the “Parties”).
AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT AND AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENTGuaranty and Security Agreement • November 2nd, 2016 • Enphase Energy, Inc. • Semiconductors & related devices • California
AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT AND AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENT (this “Amendment”), dated as of July 8, 2016, among ENPHASE ENERGY, INC., a Delaware corporation (“Borrower”), the lenders identified on the signature pages hereto (together with their respective successors and assigns, each individually a “Lender” and collectively, the “Lenders”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), and is made with reference to that certain Amended and Restated Credit Agreement, dated as of December 18, 2015 (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”), by and among Borrower, the Lenders and Agent. Capitalized terms used herein without definition shall have the
