PARTIAL UNWIND AGREEMENTPartial Unwind Agreement • February 16th, 2021 • Enphase Energy, Inc. • Semiconductors & related devices • New York
THIS PARTIAL UNWIND AGREEMENT (this “Agreement”) with respect to the Base Warrants Confirmation (as defined below) and the Additional Warrants Confirmation (as defined below) is made as of December 14, 2020 between Enphase Energy, Inc. (the “Company”) and Credit Suisse Capital LLC (“Dealer”), acting through its agent Credit Suisse Securities (USA) LLC (“Agent”).
Amendment No. 2 to Master Supply AgreementMaster Supply Agreement • February 16th, 2021 • Enphase Energy, Inc. • Semiconductors & related devices • California
This Amendment No. 2 to Master Supply Agreement (the “Amendment”), having an effective date of October 15, 2020 (“Amendment Effective Date”) to the Master Supply Agreement dated June 12, 2018 (as amended, the “MSA”) is entered into by and between SunPower Corporation, a Delaware corporation with offices at 51 Rio Robles, San Jose, California 95134 (“SunPower”), and Enphase Energy, Inc., a Delaware corporation with offices at 47281 Bayside Parkway, Fremont, California 94538 (formerly at 1420 N. McDowell Blvd., Petaluma, CA 94954) (“Enphase”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the MSA.
Amendment No. 3 TO Master Supply AgreementMaster Supply Agreement • February 16th, 2021 • Enphase Energy, Inc. • Semiconductors & related devices • California
This Amendment No. 3 to Master Supply Agreement (the “Amendment”), having an effective date of October 1, 2019 (“Amendment Effective Date”) to the Master Supply Agreement dated June 12, 2018 (as amended, the “MSA”) is entered into by and between SunPower Corporation, a Delaware corporation with offices at 51 Rio Robles, San Jose, California 95134 (“SunPower”), and Enphase Energy, Inc., a Delaware corporation with offices at 47281 Bayside Parkway, Fremont, California 94538 (formerly at 1420 N. McDowell Blvd., Petaluma, CA 94954) (“Enphase”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the MSA.
PARTIAL UNWIND AGREEMENTPartial Unwind Agreement • February 16th, 2021 • Enphase Energy, Inc. • Semiconductors & related devices • New York
THIS PARTIAL UNWIND AGREEMENT (this “Agreement”) with respect to the Base Warrants Confirmation (as defined below) and the Additional Warrants Confirmation (as defined below) is made as of December 14, 2020 between Enphase Energy, Inc. (the “Company”) and Barclays Bank PLC (“Dealer”), acting through its agent Barclays Capital Inc. (“Agent”).
EXCHANGE AGREEMENTExchange Agreement • February 16th, 2021 • Enphase Energy, Inc. • Semiconductors & related devices
This EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of December 14, 2020 by and between Enphase Energy, Inc., a Delaware corporation (the “Company”), and Linden Advisors LP (the “Undersigned”), for itself and on behalf of the beneficial owners listed on Exhibit A hereto (“Accounts”) for whom the Undersigned holds contractual and investment authority (each Account, hereunder, a “Noteholder” and, collectively, the “Noteholders”).
March 17, 2020 Enphase Energy, Inc. 47281 Bayside Parkway Fremont, CA 94538 Dear Sir or Madam: This letter of amendment (“Letter Agreement”) when executed shall serve as an agreement modifying that certain Lease dated April 12, 2018, by and between...Lease Agreement • February 16th, 2021 • Enphase Energy, Inc. • Semiconductors & related devices
PARTIAL UNWIND AGREEMENTPartial Unwind Agreement • February 16th, 2021 • Enphase Energy, Inc. • Semiconductors & related devices • New York
THIS PARTIAL UNWIND AGREEMENT (this “Agreement”) with respect to the Base Call Option Confirmation (as defined below) and the Additional Call Option Confirmation (as defined below) is made as of December 14, 2020 between Enphase Energy, Inc. (the “Company”) and Barclays Bank PLC (“Dealer”), acting through its agent Barclays Capital Inc. (“Agent”).
STOCKHOLDERS AGREEMENTStockholders Agreement • February 16th, 2021 • Enphase Energy, Inc. • Semiconductors & related devices
(this “Consent and Waiver”) is dated as of October 15, 2020 (the “Effective Date”), and is entered into by and among SUNPOWER CORPORATION, a Delaware corporation (the “SunPower”), SUNPOWER EQUITY HOLDINGS, LLC, a Delaware limited liability company (“SunPower Equity Holdings”), TOTAL SE, a societas europaea (formerly known as Total S.A.; “Total” and, together SunPower and SunPower Equity Holdings, the “Stockholders”), and ENPHASE ENERGY, INC., a Delaware corporation (the “Company” and, with the Stockholders, the “Parties” and each a “Party”). Initially capitalized terms used but not otherwise defined in this Consent and Waiver have the respective meanings given to them in the Stockholders Agreement.
PARTIAL UNWIND AGREEMENT with respect to the Base Call Option Confirmation, dated May 30, 2019Partial Unwind Agreement • February 16th, 2021 • Enphase Energy, Inc. • Semiconductors & related devices • New York
THIS PARTIAL UNWIND AGREEMENT (this “Agreement”) with respect to the Base Call Option Confirmation (as defined below) and the Additional Call Option Confirmation (as defined below) is made as of December 14, 2020 between Enphase Energy, Inc. (the “Company”) and Credit Suisse Capital LLC (“Dealer”), acting through its agent Credit Suisse Securities (USA) LLC (“Agent”).
Manufacturing Services AgreementManufacturing Services Agreement • February 16th, 2021 • Enphase Energy, Inc. • Semiconductors & related devices • California
Enphase desires to engage the Supplier, and the Supplier agrees to perform manufacturing services, for good and valuable consideration as further set forth in this Agreement. The Parties agree as follows:
