U.S. BANK NATIONAL ASSOCIATION, as Trustee and Collateral Agent AMENDED AND RESTATED INDENTURE Dated as of April 20, 2020 10.0% Convertible Senior Secured Notes due 2021Indenture • May 11th, 2020 • Bloom Energy Corp • Electrical industrial apparatus • New York
AMENDED AND RESTATED INDENTURE dated as of April 20, 2020, among BLOOM ENERGY CORPORATION, INC., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01), the Guarantors (as defined herein) from time to time party hereto and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01) and as collateral agent (in such capacity, the “Collateral Agent,” as more fully set forth in Section 1.01).
SUPPORT AGREEMENT March 31, 2020Support Agreement • May 11th, 2020 • Bloom Energy Corp • Electrical industrial apparatus • Delaware
This Support Agreement (this “Support Agreement”), dated as of March 31, 2020, is entered into by and among KR Sridhar (the “Stockholder”) and each of the undersigned beneficial owners of the Notes (as defined here in) (each, an “Investor” and collectively, the “Investors”).
NOTE PURCHASE AGREEMENTNote Purchase Agreement • May 11th, 2020 • Bloom Energy Corp • Electrical industrial apparatus • New York
This Note Purchase Agreement (this “Agreement”), dated March 30, 2020 (the “Execution Date”), is entered into by and among Bloom Energy Corporation, a Delaware corporation (the “Company”), the entity listed on Schedule I hereto, as guarantor (the “Guarantor”), and the entities listed on the Schedule of Investors attached hereto as Schedule II (each, an “Investor” and, collectively, the “Investors”).
˜ ]% Senior Secured Note due 2027Senior Secured Note • May 11th, 2020 • Bloom Energy Corp • Electrical industrial apparatus
[Cede & Co.] [ ], or its registered assigns, the principal sum [of Dollars] [listed on the Schedule of Increases or Decreases in Global Security attached hereto]1 on or before March 31, 2027 as set forth in this Security.
THIRD AMENDMENT TO SECURITY AGREEMENTSecurity Agreement • May 11th, 2020 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS THIRD AMENDMENT TO SECURITY AGREEMENT (this “Amendment”) is made as of April 20, 2020 by and among Bloom Energy Corporation, a Delaware corporation (the “Company”), Rye Creek LLC, a Delaware limited liability company, and U.S. Bank National Association, in its capacity as collateral agent pursuant to the Indenture (as defined below) (the “Collateral Agent”), with respect to that certain Security Agreement, dated as of December 15, 2015, made by among the Company, the Guarantors from time to time party thereto and the Collateral Agent (as amended by the First Amendment to Security Agreement dated as of June 29, 2017, as further amended by the Second Amendment to the Security Agreement, dated as of July 7, 2017, and as otherwise amended, restated, supplemented or otherwise modified from time to time, the “Security Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Security Agreement.
AMENDED AND RESTATED SUBORDINATED SECURED CONVERTIBLE NOTE MODIFICATION AGREEMENTSubordinated Secured Convertible Note Modification Agreement • May 11th, 2020 • Bloom Energy Corp • Electrical industrial apparatus
THIS AMENDED AND RESTATED SUBORDINATED SECURED CONVERTIBLE NOTE MODIFICATION AGREEMENT (this “Modification”) is made and entered into on March 31, 2020 (the “Modification Date”), by and between Bloom Energy Corporation, a Delaware corporation, as issuer (the “Company”) and Constellation NewEnergy, Inc. or its registered assigns, as holder (“Investor”).
BLOOM ENERGY CORPORATION CONVERTIBLE NOTE PURCHASE AGREEMENTConvertible Note Purchase Agreement • May 11th, 2020 • Bloom Energy Corp • Electrical industrial apparatus • California
This Convertible Note Purchase Agreement (this “Agreement”) is made as of March 31, 2020 by and between Bloom Energy Corporation, a Delaware corporation (the “Company”), Rye Creek LLC, a Delaware limited liability company (the “Guarantor”) and each of the purchasers listed on Exhibit A attached to this Agreement (each a “Purchaser” and together the “Purchasers”).
SECURITY AGREEMENT DATED AS OF [●], 2020 AMONGSecurity Agreement • May 11th, 2020 • Bloom Energy Corp • Electrical industrial apparatus • New York
AMENDMENT SUPPORT AGREEMENTAmendment Support Agreement • May 11th, 2020 • Bloom Energy Corp • Electrical industrial apparatus • New York
This Amendment Support Agreement (including all schedules and exhibits hereto, this “Agreement”), dated as of March 31, 2020, is entered into by and among Bloom Energy Corporation, a Delaware corporation (the “Company”); and each of the undersigned beneficial owners of the Notes (each, an “Investor” and collectively, the “Investors”). Each of the Company and the Investors may hereinafter be referred to as a “Party” and collectively as the “Parties”.
