EQUITY CAPITAL CONTRIBUTION AGREEMENT with respect to DIAMOND STATE GENERATION HOLDINGS, LLC by and among CLEAN -TECHNOLOGIES II, LLC DIAMOND STATE GENERATION HOLDINGS, LLC DIAMOND STATE GENERATION PARTNERS, LLC and MEHETIA INC. dated as of March 16, 2012Equity Capital Contribution Agreement • July 9th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This Equity Capital Contribution Agreement (this “Agreement”) is made and entered into as of March 16, 2012 (the “Execution Date”) by and among Mehetia Inc., a Delaware corporation (“Investor” or “Mehetia”), Clean Technologies II, LLC, a Delaware limited liability company (“Clean Technologies”), Diamond State Generation Holdings, LLC, a Delaware limited liability company (the “Company”), and Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Project Company”).
EQUITY CAPITAL CONTRIBUTION AGREEMENT by and between CLEAN TECHNOLOGIES 2015, LLC and June 25, 2015Equity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
EQUITY CAPITAL CONTRIBUTION AGREEMENT by and among CLEAN TECHNOLOGIES 2014, LLC and EXELON GENERATION COMPANY, LLC JULY 18, 2014Equity Capital Contribution Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York
This EQUITY CAPITAL CONTRIBUTION AGREEMENT (the “Agreement”) dated as of July 18, 2014 (the “Execution Date”) entered into by and among Clean Technologies 2014, LLC, a Delaware limited liability company (the “Bloom Member”), on the one hand, and Exelon Generation Company, LLC, a Pennsylvania limited liability company (together with its permitted successors and assigns, the “Investor”), on the other hand.
AMENDED AND RESTATED EQUITY CAPITAL CONTRIBUTION AGREEMENT between FIRSTAR DEVELOPMENT, LLC and CLEAN TECHNOLOGIES III, LLC August 30, 2013Equity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDED AND RESTATED EQUITY CAPITAL CONTRIBUTION AGREEMENT (the “Agreement”) dated as of August 30, 2013 (the “Execution Date”) entered into by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies III, LLC, a Delaware limited liability company (the “Class B Member”).
EQUITY CONTRIBUTION TRI-PARTY AGREEMENTEquity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This EQUITY CAPITAL CONTRIBUTION AGREEMENT (the “Agreement”) dated as of December 21, 2012 (the “Execution Date”) entered into by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies III, LLC, a Delaware limited liability company (the “Class B Member”).
EQUITY CAPITAL CONTRIBUTION AGREEMENT between Vineyard Wind Sponsor Partners 1 LLC JPMorgan Chase Bank, N.A., Bank of America, N.A. and Wells Fargo Bank, N.A. Dated as of October 24, 2023Equity Capital Contribution Agreement • February 22nd, 2024 • Avangrid, Inc. • Electric services • New York
This EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Agreement”), dated as of October 24, 2023 (the “ECCA Effective Date”), is made and entered into among Vineyard Wind Sponsor Partners 1 LLC, a Delaware limited liability company (the “Class B Equity Investor”), JPMorgan Chase Bank, N.A. (“JPM”), Bank of America, N.A. (“BofA”) and Wells Fargo Bank, N.A. (“Wells” and together with JPM and BofA, the “Class A Equity Investors”, and together with the Class B Equity Investor, the “Parties”).
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”).
EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • March 31st, 2020 • Bloom Energy Corp • Electrical industrial apparatus • New York
This Equity Capital Contribution Agreement (this “Agreement”) is made and entered into as of December 23, 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”), Assured Guaranty Municipal Corp., a New York insurance company (“AGM”), Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Company”), and Bloom Energy Corporation, a Delaware corporation (“Bloom”, and collectively with DSGH, Southern, AGM and the Company, the “Parties”).
FIFTH AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS FIFTH AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”), dated as of May 5, 2015 (the “Amendment Date”), by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”). The Investor and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of August 2, 2013, as amended by the First Amendment to Equity Capital Contribution Agreement, dated as of September 25, 2013, as further amended by the Second Amendment to Equity Capital Contribution Agreement, dated as of March 28, 2014, as further amended by the Third Amendment to Equity Capital Contribution Agreement, dated as of July 18, 2014, and as further amended by the Fourth Amendment to Equity Capital
SECOND AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS SECOND AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”) is executed as of March 28, 2014, by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”). The Investor and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of August 2, 2013, as amended by the First Amendment to Equity Capital Contribution Agreement, dated as of September 25, 2013 (the “ECCA”), by and between the Parties.
AMENDMENT NO. 1 EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDMENT NO. 1 TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”), is entered into effective as of November 19, 2015 (“Effective Date”) by and between Clean Technologies 2015, LLC, a Delaware limited liability company (the “Clean Technologies”) and 2015 ESA InvestCo, LLC (“InvestCo”, and together with Clean Technologies, the “Parties”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the ECCA (as defined below). All Section references, unless otherwise indicated, shall be references to Sections of the ECCA and the rules of interpretation set forth in the ECCA apply as if set forth herein.
EQUITY CAPITAL CONTRIBUTION AGREEMENT by and among PANTHER CREEK RECLAMATION HOLDINGS, LLC, STRONGHOLD DIGITAL MINING HOLDINGS LLC and, solely for the purposes of Section 10.14, OLYMPUS POWER, LLC dated July 9, 2021Equity Capital Contribution Agreement • July 27th, 2021 • Stronghold Digital Mining, Inc. • Services-computer processing & data preparation • New York
THIS EQUITY CAPITAL CONTRIBUTION AGREEMENT (including the exhibits and schedules hereto, each as amended or restated from time to time, this “Agreement”), dated as of July 9, 2021 (the “Execution Date”), is by and among Panther Creek Reclamation Holdings, LLC, a Delaware limited liability company (“Seller”), and Stronghold Digital Mining Holdings LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are collectively referred to as the “Parties” and individually as a “Party”. Olympus Power, LLC, a Delaware limited liability company (“Guarantor”), is party to this Agreement solely for the purposes of Section 10.14.
FIRST AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS FIRST AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”) is executed as of September 25, 2013, by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”). The Investor and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of August 2, 2013 (the “ECCA”), by and between the Parties.
SECOND AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS SECOND AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”) is executed as of March 28, 2014, by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”). The Investor and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of August 2, 2013, as amended by the First Amendment to Equity Capital Contribution Agreement, dated as of September 25, 2013 (the “ECCA”), by and between the Parties.
FOURTH AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS FOURTH AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”) is effective as of October 24, 2014, by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”). The Investor and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of August 2, 2013, as amended by the First Amendment to Equity Capital Contribution Agreement, dated as of September 25, 2013, as further amended by the Second Amendment to Equity Capital Contribution Agreement, dated as of March 28, 2014, and as further amended by the Third Amendment to Equity Capital Contribution Agreement, dated as of July 18, 2014, in each case, by and between the Parties (as so amended, the “ECCA”).
EQUITY CAPITAL CONTRIBUTION AGREEMENT with respect to DIAMOND STATE GENERATION HOLDINGS, LLC by and among CLEAN -TECHNOLOGIES II, LLC DIAMOND STATE GENERATION HOLDINGS, LLC DIAMOND STATE GENERATION PARTNERS, LLC and MEHETIA INC. dated as of March 16, 2012Equity Capital Contribution Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York
This Equity Capital Contribution Agreement (this “Agreement”) is made and entered into as of March 16, 2012 (the “Execution Date”) by and among Mehetia Inc., a Delaware corporation (“Investor” or “Mehetia”), Clean Technologies II, LLC, a Delaware limited liability company (“Clean Technologies”), Diamond State Generation Holdings, LLC, a Delaware limited liability company (the “Company”), and Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Project Company”).
FIRST AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS FIRST AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”) is executed as of September 25, 2013, by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”). The Investor and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of August 2, 2013 (the “ECCA”), by and between the Parties.
AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • November 8th, 2021 • Stronghold Digital Mining, Inc. • Services-computer processing & data preparation
This AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”), dated as of October 29, 2021, is entered into by and between Panther Creek Reclamation Holdings LLC, a Delaware limited liability company (“Seller”), and Stronghold Digital Mining Holdings LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer may be referred to collectively as the “Parties” or individually as a “Party”. Capitalized terms used but not defined in this Amendment shall have the meanings given to such terms in the ECCA (as hereinafter defined).
THIRD AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS THIRD AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”) is executed as of July 18, 2014, by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”). The Investor and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of August 2, 2013, as amended by the First Amendment to Equity Capital Contribution Agreement, dated as of September 25, 2013 and Second Amendment to Equity Capital Contribution Agreement, dated as of March 28, 2014 (the “ECCA”), by and between the Parties.
FIFTH AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS FIFTH AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”), dated as of May 5, 2015 (the “Amendment Date”), by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”). The Investor and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of August 2, 2013, as amended by the First Amendment to Equity Capital Contribution Agreement, dated as of September 25, 2013, as further amended by the Second Amendment to Equity Capital Contribution Agreement, dated as of March 28, 2014, as further amended by the Third Amendment to Equity Capital Contribution Agreement, dated as of July 18, 2014, and as further amended by the Fourth Amendment to Equity Capital
EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • December 11th, 2009 • Raser Technologies Inc • Electric services
THIS FIRST AMENDMENT (this “Amendment”) to the Equity Capital Contribution Agreement dated as of August 31, 2008 (the “Agreement”), by and among Intermountain Renewable Power, LLC, a Delaware limited liability company (“IRP”), Merrill Lynch, Pierce, Fenner & Smith Incorporated, a Delaware corporation (“MLP”), and Thermo No. 1 BE-01, LLC, a Delaware limited liability company (the “Company”), is made and entered on the 4th day of December, 2009, by and among IRP, MLP and the Company.
AMENDMENT NO. 1 EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • August 12th, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDMENT NO. 1 TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”), is entered into effective as of November 19, 2015 (“Effective Date”) by and between Clean Technologies 2015, LLC, a Delaware limited liability company (the “Clean Technologies”) and 2015 ESA InvestCo, LLC (“InvestCo”, and together with Clean Technologies, the “Parties”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the ECCA (as defined below). All Section references, unless otherwise indicated, shall be references to Sections of the ECCA and the rules of interpretation set forth in the ECCA apply as if set forth herein.
SECOND AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • November 8th, 2021 • Stronghold Digital Mining, Inc. • Services-computer processing & data preparation
This SECOND AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”), dated as of November 2, 2021, is entered into by and between Panther Creek Reclamation Holdings LLC, a Delaware limited liability company (“Seller”), and Stronghold Digital Mining Holdings LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer may be referred to collectively as the “Parties” or individually as a “Party”. Capitalized terms used but not defined in this Amendment shall have the meanings given to such terms in the ECCA (as hereinafter defined).
FIRST AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS FIRST AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”) is effective as of March 16, 2015, by and between Exelon Generation Company, LLC, a Pennsylvania limited liability company (together with its permitted successors and assigns, the “Investor”), and Clean Technologies 2014, LLC, a Delaware limited liability company (the “Bloom Member”). The Investor and the Bloom Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of July 18, 2014, by and between the Parties (the “ECCA”).
EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • August 7th, 2019 • Tellurian Inc. /De/ • Crude petroleum & natural gas • Delaware
THIS LNG SALE AND PURCHASE AGREEMENT (“Agreement”) is made and entered into as of [____] 2019 (the “Effective Date”), by and between Driftwood LNG LLC, a Delaware limited liability company whose principal place of business is located at 1201 Louisiana St., Suite 3100, Houston, TX 77002, United States of America (“Seller”), and Total Gas & Power North America, Inc., a Delaware corporation whose principal place of business is located at 1201 Louisiana Street, Suite 1600, Houston, TX 77002, United States of America (“Buyer”). Buyer and Seller are each referred to herein as a “Party” and collectively as the “Parties”.
FIRST AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • August 12th, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS FIRST AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”), is effective as of March 16, 2015, by and between Exelon Generation Company, LLC, a Pennsylvania limited liability company (together with its permitted successors and assigns, the “Investor”), and Clean Technologies 2014, LLC, a Delaware limited liability company (the “Bloom Member”). The Investor and the Bloom Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of July 18, 2014, by and between the Parties (the “ECCA”).
EQUITY CAPITAL CONTRIBUTION AGREEMENT between FIRSTAR DEVELOPMENT, LLC and CLEAN TECHNOLOGIES 2013B, LLC AUGUST 2, 2013Equity Capital Contribution Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York
This EQUITY CAPITAL CONTRIBUTION AGREEMENT (the “Agreement”) dated as of August 2, 2013 (the “Execution Date”) entered into by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”).
CERTAIN INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. THE OMITTED PORTIONS OF THIS DOCUMENT ARE INDICATED BY [***]. EQUITY CAPITAL CONTRIBUTION...Equity Capital Contribution Agreement • February 26th, 2024 • Dominion Energy, Inc • Electric services • Delaware
This EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Agreement”) is entered into as of February 21, 2024 (the “Effective Date”), by and between:
FOURTH AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS FOURTH AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”) is effective as of October 24, 2014, by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”). The Investor and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of August 2, 2013, as amended by the First Amendment to Equity Capital Contribution Agreement, dated as of September 25, 2013, as further amended by the Second Amendment to Equity Capital Contribution Agreement, dated as of March 28, 2014, and as further amended by the Third Amendment to Equity Capital Contribution Agreement, dated as of July 18, 2014, in each case, by and between the Parties (as so amended, the “ECCA”).
THIRD AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENTEquity Capital Contribution Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York
THIS THIRD AMENDMENT TO EQUITY CAPITAL CONTRIBUTION AGREEMENT (this “Amendment”) is executed as of July 18, 2014, by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies 2013B, LLC, a Delaware limited liability company (the “Class B Member”). The Investor and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Equity Capital Contribution Agreement, dated as of August 2, 2013, as amended by the First Amendment to Equity Capital Contribution Agreement, dated as of September 25, 2013 and Second Amendment to Equity Capital Contribution Agreement, dated as of March 28, 2014 (the “ECCA”), by and between the Parties.
