AMENDED AND RESTATED MASTER OPERATIONS AND MAINTENANCE AGREEMENT betweenMaster Operations and Maintenance Agreement • August 14th, 2019 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF DIAMOND STATE GENERATION PARTNERS, LLC dated as of June 14, 2019Limited Liability Company Agreement • August 14th, 2019 • Bloom Energy Corp • Electrical industrial apparatus • Delaware
THIS THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company (the “Company”), is made and entered into as of June 14, 2019 by and between Diamond State Generation Holdings, LLC, a Delaware limited liability company (the “Class A Member”), and SP Diamond State Class B Holdings, LLC, a Delaware limited liability company (“Southern” or the “Class B Member”; and the Class B Member together with the Class A Member, the “Members”). This Agreement amends and restates the Second Amended and Restated Limited Liability Company Agreement of the Company, dated as of March 20, 2013, including all amendments thereto (the “Second A&R LLCA”), in its entirety in accordance with the following terms and conditions.
EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • August 14th, 2019 • Bloom Energy Corp • Electrical industrial apparatus • New York
This Equity Capital Contribution Agreement (this “Agreement”) is made and entered into as of June [__], 2019 (the “Effective Date”) by and among Diamond State Generation Holdings, LLC, a Delaware limited liability company (“DSGH”), SP Diamond State Class B Holdings, LLC, a Delaware limited liability company (“Southern”), Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Company”), and solely with respect to Section 3.1, Article 7 and Article 8, Bloom Energy Corporation, a Delaware corporation (“Bloom”).
ANNEX I TO ECCA AND LLC AGREEMENT DEFINITIONSLLC Agreement • August 14th, 2019 • Bloom Energy Corp • Electrical industrial apparatus
seeking a reorganization of its financial affairs or to take advantage of any bankruptcy, reorganization, insolvency, readjustment of debt, dissolution or liquidation law or statute, or an answer admitting the material allegations of a petition filed against it in any proceeding under any such law or statute, (f) an involuntary case is commenced against such Person by the filing of a petition under any chapter of the Bankruptcy Code and within sixty (60) days after the filing thereof either the petition is not dismissed or the order for relief is not stayed or dismissed, (g) an order, judgment or decree is entered appointing a receiver or a permanent or interim trustee of such Person or of all or any portion of its property, including the entry of an order, judgment or decree appointing or authorizing a trustee, receiver or agent to take charge of the property of such Person for the purpose of enforcing a lien against such property or for the purpose of general administration of such p
THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF DIAMOND STATE GENERATION HOLDINGS, LLC dated as of June 14, 2019Limited Liability Company Agreement • August 14th, 2019 • Bloom Energy Corp • Electrical industrial apparatus • Delaware
Third Amended and Restated Limited Liability Company Agreement of Diamond State Generation Holdings, LLC, a Delaware limited liability company (the “Company”), dated as of June 14, 2019 by and among Clean Technologies II, LLC, a Delaware limited liability company (“Clean Technologies”) and Mehetia Inc., a Delaware corporation (“Mehetia”).
FUEL CELL SYSTEM SUPPLY AND INSTALLATION AGREEMENT betweenFuel Cell System Supply and Installation Agreement • August 14th, 2019 • Bloom Energy Corp • Electrical industrial apparatus • New York
PURCHASE, USE AND MAINTENANCE AGREEMENT betweenPurchase, Use and Maintenance Agreement • August 14th, 2019 • Bloom Energy Corp • Electrical industrial apparatus • New York
This PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Agreement”), dated as of June 28, 2019 (the “Agreement Date”), is entered into by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and 2018 ESA Project Company, LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are referred to in this Agreement individually, as a “Party” and, collectively, as the “Parties”.
REPURCHASE AGREEMENT betweenRepurchase Agreement • August 14th, 2019 • Bloom Energy Corp • Electrical industrial apparatus • New York
This REPURCHASE AGREEMENT (this “Agreement”), dated as of June 14, 2019 (the “Agreement Date”), is entered into by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Buyer”), and DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company (“Seller”). Buyer and Seller are referred to in this Agreement individually, as a “Party” and, collectively, as the “Parties”.
