CLASS A NOTENote Agreement • December 21st, 2023 • Altus Power, Inc. • Electric services
FOR VALUE RECEIVED, the undersigned, APA FINANCE III BORROWER, LLC a Delaware limited liability company (the “Borrower”), hereby promises to pay to the Lender set forth above (the “Lender”) or its registered assigns, in lawful money of the United States of America in immediately available funds at the Corporate Trust Office of the Administrative Agent (such terms, and each other capitalized term used but not defined herein, having the meaning assigned to it in the Credit Agreement, dated as of February 15, 2023 (as amended by that certain Amendment No. 1, dated as of June 15, 2023, that certain Amendment No. 2, dated as of July 21, 2023, that certain Amendment No. 3, dated as of December 20, 2023 and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, APA FINANCE III BORROWER HOLDINGS, LLC, a Delaware limited liability company (the “Equity Holder”), U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Admi
AMENDMENT NO. 3Credit Agreement • December 21st, 2023 • Altus Power, Inc. • Electric services • New York
This AMENDMENT NO. 3, dated as of December 20, 2023 (this “Amendment”), is entered into by and among APA FINANCE III BORROWER, LLC, a Delaware limited liability company (the “Borrower”), APA FINANCE III BORROWER HOLDINGS, LLC, a Delaware limited liability company (the “Equity Holder”), the Guarantors party hereto, BLACKSTONE ASSET BASED FINANCE ADVISORS LP (the “Blackstone Representative”), U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION as Administrative Agent (the “Administrative Agent”) and Collateral Agent (the “Collateral Agent”), U.S. BANK NATIONAL ASSOCIATION, as Document Custodian (the “Document Custodian”), and the Lenders party hereto.
PURCHASE AND SALE AGREEMENT between PROJECT HYPERION HOLDCO LP and SOLTAGE HYPERION MGTCO, LLC, as Sellers, and ALTUS POWER, LLC, as Buyer and Solely for the purposes of Section 6.12, ALTUS POWER, INC. Dated as of October 27, 2023Purchase and Sale Agreement • December 21st, 2023 • Altus Power, Inc. • Electric services • New York
This Purchase and Sale Agreement is entered into as of October 27, 2023 (the “Effective Date”), by and between Project Hyperion Holdco LP, a Delaware limited partnership (“Hyperion Holdco”), Soltage Hyperion MGTCO, LLC, a Delaware limited liability company (“Soltage Hyperion”, and together with Hyperion Holdco, “Sellers”, and each, a “Seller”), and Altus Power, LLC, a Delaware limited liability company (“Buyer”), and solely for the purposes of Section 6.12, Altus Power, Inc., a Delaware corporation (“Buyer Guarantor”). Each of Sellers and Buyer is individually referred to herein as a “Party”, and, collectively, as the “Parties”.
