0001493152-19-015995 Sample Contracts

NAVAJO TRANSITIONAL ENERGY COMPANY, LLC, as Issuer THE SUBSIDIARIES NAMED HEREIN, as Guarantors and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee INDENTURE Dated as of October 24, 2019 9.00% Senior Notes due 2024
Indenture • October 25th, 2019 • Navajo Transitional Energy Company, LLC • New York

THIS INDENTURE (the “Indenture”) dated as of October 24, 2019 is among Navajo Transitional Energy Company, LLC, a Navajo Nation limited liability company (the “Issuer”), the Guarantors (as defined herein), and Wilmington Savings Fund Society, FSB, a federal savings bank, as Trustee (as defined below).

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AMENDED AND RESTATED OPERATING AGREEMENT OFTHE
Operating Agreement • October 25th, 2019 • Navajo Transitional Energy Company, LLC

This Amended and Restated Operating Agreement of the Navajo Transitional Energy Company, LLC (“Operating Agreement”) approved and adopted as of the date set forth in Article XI, but dated and effective as of the 18th day of May, 2013, is entered into by and between the Navajo Transitional Energy Company, LLC, a limited liability company duly organized pursuant to the Navajo Nation Limited Liability Company Act, 5 N.N.C. § 3600 et seq., created and enabled by Navajo Nation Council Resolution No. CAP-20-13 to act as an arm and instrumentality of the Navajo Nation and to exercise the powers therein granted, and the Navajo Nation, a sovereign, federally-acknowledged/ recognized Indian Nation or Indian Tribe.

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