AMENDMENT NO. 5 TO OMNIBUS AGREEMENTOmnibus Agreement • April 7th, 2016 • 8point3 Energy Partners LP • Electric services
This AMENDMENT NO. 5 TO OMNIBUS AGREEMENT (this “Amendment”), dated as of April 1, 2016 is made and entered into among 8point3 Operating Company, LLC, a Delaware limited liability company (the “Operating Company”), 8point3 General Partner, LLC, a Delaware limited liability company (the “YieldCo General Partner”), 8point3 Holding Company, LLC, a Delaware limited liability company (“Holdings”), 8point3 Energy Partners LP, a Delaware limited partnership (the “Partnership”), First Solar, Inc., a Delaware corporation (“First Solar”) and SunPower Corporation, a Delaware corporation (“SunPower” and, together with First Solar, each a “Sponsor” and collectively, the “Sponsors”). The above-named entities are sometimes referred to in this Amendment as a “Party” and collectively as the “Parties.”
AMENDED AND RESTATED OMNIBUS AGREEMENTOmnibus Agreement • April 7th, 2016 • 8point3 Energy Partners LP • Electric services
THIS AMENDED AND RESTATED OMNIBUS AGREEMENT (this “Agreement”) is made and entered into as of the 6th day of April, 2016 (the “Execution Date”), by and among 8point3 Operating Company, LLC, a Delaware limited liability company (the “Operating Company”), 8point3 General Partner, LLC, a Delaware limited liability company (the “YieldCo General Partner”), 8point3 Holding Company, LLC, a Delaware limited liability company (“Holdings”), 8point3 Energy Partners LP, a Delaware limited partnership (the “Partnership”), First Solar, Inc., a Delaware corporation (“First Solar”) and SunPower Corporation, a Delaware corporation (“SunPower” and, together with First Solar, each a “Sponsor” and collectively, the “Sponsors”). The above-named entities are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.”
FIRST AMENDMENT AND CONSENT TO CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • April 7th, 2016 • 8point3 Energy Partners LP • Electric services • New York
THIS FIRST AMENDMENT AND CONSENT TO CREDIT AND GUARANTY AGREEMENT (this “Agreement”) is dated as of April 6, 2016 and is entered into by and among 8POINT3 OPERATING COMPANY, LLC, a Delaware limited liability company (“Borrower’’), the other Credit Parties party hereto, and the Lenders party hereto, and is made with reference to that certain Credit and Guaranty Agreement dated as of June 5, 2015 (as amended, amended and restated, supplemented or otherwise modified through the date hereof, the “Credit Agreement”) by and among Borrower, 8point3 Energy Partners LP, a Delaware limited partnership, the subsidiaries of Borrower named therein, the Lenders, Credit Agricole Corporate and Investment Bank, as Administrative Agent (in such capacity “Administrative Agent”) and Collateral Agent, and the other agents named therein. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement.
