EQUITY FUNDING AGREEMENT
Among
SOLYNDRA, INC.,
as Equity Contributor
SOLYNDRA FAB 2 LLC,
as Borrower
U. S. DEPARTMENT OF ENERGY,
as Credit Party
U. S. DEPARTMENT OF ENERGY,
as Loan Servicer
U. S. BANK NATIONAL ASSOCIATION,
as Collateral Agent
Dated as of September 2, 2009
TABLE OF CONTENTS
ARTICLE I. DEFINITIONS AND INTERPRETATION
1.2 Common Agreement Definitions
ARTICLE II. CAPITAL CONTRIBUTIONS
2.3 Procedures for Equity Contributions
2.4 Proceeds of Equity Contributions
2.5 Grant of Security Interest
ARTICLE III. ADDITIONAL AGREEMENTS; TAXES; INDEMNITIES
3.4 Indemnity for Sponsor Breach
3.6 Modifications, Suspensions, Etc.
3.7 Waiver of Notice of Default
3.8 No Discharge Upon Certain Actions by Credit Parties
ARTICLE IV. REPRESENTATIONS AND WARRANTIES
4.1 Legality, Validity and Enforceability
ARTICLE V. COVENANTS OF EQUITY CONTRIBUTOR
5.2 Compliance With Legal Requirements
ARTICLE VI. GOVERNING LAW, CONSENT TO JURISDICTION AND VENUE
6.3 Consent to Jurisdiction; Service of Process
7.2 Amendments to Other Documents
7.9 Rights and Responsibilities of Agents
Exhibit A Form of Notice of Accelerated Equity Contribution Demand
以上为全文目录
详细内容见附件