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Ormat Technologies, Inc. – IPO: ‘S-1/A’ on 9/28/04 – EX-10.3.46

On: Tuesday, 9/28/04, at 9:30am ET · Accession #: 950136-4-3123 · File #: 333-117527

  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 9/28/04  Ormat Technologies, Inc.          S-1/A                 90:15M                                    Capital Systems 01/FA

Initial Public Offering (IPO): Pre-Effective Amendment to Registration Statement (General Form) — Form S-1
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: S-1/A       Amendment 1 to Form S-1                             HTML   3.29M 
 2: EX-1.1      Form of                                             HTML    194K 
11: EX-10.1.10  Amendment # 1 to Loan Agreement                     HTML     27K 
12: EX-10.1.11  Capital Note                                        HTML     22K 
13: EX-10.1.12  Amendment No. 1 to Capital Note                     HTML     22K 
14: EX-10.1.13  Guarantee Fee Agreement                             HTML     22K 
15: EX-10.1.14  Reimbursement Agreement                             HTML     25K 
16: EX-10.1.15  Services Agreement                                  HTML     40K 
 3: EX-10.1.2   Amended and Restated Bridge Loan Agreement          HTML    100K 
 4: EX-10.1.3   Bank Hapoalim Credit Facility Agreement             HTML    386K 
 5: EX-10.1.4   Credit Agreement Dtd 12/31/02                       HTML    730K 
 6: EX-10.1.5   Credit Agreement Dtd 12/18/03                       HTML   1.09M 
 7: EX-10.1.6   Eximbank Credit Agreement                           HTML    557K 
 8: EX-10.1.7   Indenture                                           HTML    703K 
 9: EX-10.1.8   First Supplemental Indenture                        HTML     39K 
10: EX-10.1.9   Loan Agreement                                      HTML     38K 
84: EX-10.10    Indemnification Agreement                           HTML     46K 
17: EX-10.2.1   Purchase and Sale Agreement                         HTML    360K 
18: EX-10.3.1   Power Purchase Contract                             HTML    121K 
23: EX-10.3.11  Amended and Restated Power Purchase and Sale Agmt   HTML    237K 
24: EX-10.3.13  Power Purchase Contract                             HTML    197K 
25: EX-10.3.14  Amendment No. 1 Power Purchase Contract             HTML     64K 
26: EX-10.3.16  Power Purchase Contract Dtd 4/16/85                 HTML    206K 
27: EX-10.3.17  Amend 1 to Power Purchase Contract Dtd 10/25/85     HTML     46K 
28: EX-10.3.18  Amend 2 to Power Purchase Contract Dtd 12/20/89     HTML     25K 
29: EX-10.3.19  Interconnections Facilities Agreement               HTML     77K 
30: EX-10.3.20  Interconnection Facilities Agreement                HTML     35K 
31: EX-10.3.21  Interconnection Facilities Agreement                HTML     58K 
32: EX-10.3.22  Interconnection Agreement                           HTML     31K 
33: EX-10.3.23  Plant Connection Agreement                          HTML     58K 
34: EX-10.3.24  Plant Connection Agreement                          HTML     96K 
35: EX-10.3.25  Transmission Service Agreement                      HTML     87K 
36: EX-10.3.26  Plant Connection Agreement                          HTML     53K 
37: EX-10.3.27  Plant Connection Agreement                          HTML     61K 
38: EX-10.3.28  Plant Connection Agreement                          HTML     64K 
39: EX-10.3.29  Plant Connection Agreement                          HTML    186K 
19: EX-10.3.3   Power Purchase Contract                             HTML    111K 
40: EX-10.3.30  Plant Connection Agreement                          HTML    187K 
41: EX-10.3.31  Transmission Service Agreement                      HTML     81K 
42: EX-10.3.32  Transmission Service Agreement                      HTML     83K 
43: EX-10.3.33  Transmission Service Agreement                      HTML     85K 
44: EX-10.3.34  Transmission Service Agreement                      HTML    100K 
45: EX-10.3.35  Plant Amendment No. 1                               HTML     28K 
46: EX-10.3.39  Agreement Addressing Renewable Energy Pricing       HTML     74K 
47: EX-10.3.40  Amnd No.1 to Agrt Address Renewable Energy Pricing  HTML     58K 
48: EX-10.3.41  Agreement Addressing Renewable Energy Pricing       HTML     72K 
49: EX-10.3.42  Amend No. 1 to Agrnt Addr Renewable Energy Pricing  HTML     64K 
50: EX-10.3.43  Energy Services Agreement                           HTML     79K 
51: EX-10.3.44  Purchase Power Contract, Dated March 24, 1986       HTML     92K 
52: EX-10.3.45  Firm Capacity Amendment                             HTML     78K 
53: EX-10.3.46  Amendment to Purchase Power Contract                HTML     32K 
54: EX-10.3.47  Third Amendment to Purchase Power Contract          HTML     76K 
55: EX-10.3.48  Performance Agreement                               HTML    167K 
56: EX-10.3.49  Agreement to Design 69 Kv Transmission Lines        HTML     79K 
20: EX-10.3.5   Amendment #1 to Power Purchase and Sales Agreement  HTML     49K 
21: EX-10.3.6   Settlement Agreement                                HTML     37K 
22: EX-10.3.7   Power Purchase Contract Dtd 4/16/85                 HTML    155K 
57: EX-10.4.1   Ormesa Blm Geothermal Resources Lease               HTML    160K 
63: EX-10.4.12  Lease Agreement, Dated 3/17/64                      HTML     89K 
64: EX-10.4.13  Lease Agreement, Dated 2/16/64                      HTML     72K 
65: EX-10.4.18  Geothermal Lease Agreement, Dated 7/18/79           HTML     79K 
66: EX-10.4.19  Lease Agreement                                     HTML     82K 
58: EX-10.4.2   Ormesa Blm License for Electric Power Plant         HTML     42K 
67: EX-10.4.20  Lease Agreement, Dated 6/14/71                      HTML     56K 
68: EX-10.4.21  Lease Agreement                                     HTML     63K 
69: EX-10.4.23  Geothermal Lease Agreement                          HTML     55K 
70: EX-10.4.24  Geothermal Lease Agreement, Dated 8/31/83           HTML    128K 
71: EX-10.4.26  Geothermal Resources Lease - Guisti                 HTML     55K 
72: EX-10.4.27  Amendment to Geothermal Lease                       HTML     27K 
73: EX-10.4.28  Second Amendment to Geothermal Lease                HTML     39K 
74: EX-10.4.29  Geothermal Resources Sublease                       HTML    144K 
59: EX-10.4.3   Geothermal Resources Mining Lease, Dated 2/20/81    HTML    126K 
75: EX-10.4.30  Klp Lease                                           HTML    265K 
76: EX-10.4.31  Klp Lease Amendment No. 1                           HTML    341K 
77: EX-10.4.32  Second Amendment to Klplease                        HTML     25K 
60: EX-10.4.4   Geothermal Lease Agreement, Dated 10/20/75          HTML     55K 
61: EX-10.4.5   Geothermal Lease Agreement                          HTML     78K 
62: EX-10.4.6   Geothermal Resources Lease, Dated 11/18/83          HTML     77K 
78: EX-10.5.1   Engineering, Procurement and Construction Contract  HTML    434K 
79: EX-10.5.3   Engineering, Procurement and Construction Contract  HTML   1.00M 
80: EX-10.5.4   Patent License Agreement                            HTML    144K 
81: EX-10.7     Executive Employment Agreement of Lucien Bronicki   HTML     70K 
82: EX-10.8     Exec Employment Agreement of Yehudit Bronicki       HTML     75K 
83: EX-10.9     Executive Employment Agreement of Yoram Bronicki    HTML     82K 
85: EX-23.1     Consent of Independent Accountants                  HTML     22K 
86: EX-23.3     Consent of Dani Falk                                HTML     21K 
87: EX-23.4     Consent of Edward Muller                            HTML     21K 
88: EX-23.5     Consent of Lester P. Silverman                      HTML     21K 
89: EX-23.6     Consent of Jacob Worenklein                         HTML     21K 
90: EX-99.3     Material Terms Deviations                           HTML     21K

EX-10.3.46 — Amendment to Purchase Power Contract
Exhibit Table of Contents

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1	1st Page - Filing Submission
5	Company

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                                                                 Exhibit 10.3.46

                                                          leg. _________________

                AMENDMENT TO PURCHASE POWER CONTRACT, AS AMENDED

          THIS AMENDMENT, made this 19th day of October, 1993, by HAWAII
ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation ("Company"), and PUNA
GEOTHERMAL VENTURE, a Hawaii general partnership ("Seller");

                                    RECITALS:

          A. The Company and Thermal Power Company, as seller therein, had
previously entered into that certain Purchase Power Contract For Unscheduled
Energy Made Available From A Qualifying Facility, dated March 24, 1986
("Purchase Power Contract"), which was subsequently approved by the Public
Utilities Commission ("PUC") in its Decision and Order ("D & O") No. 8692,
filed in PUC Docket No. 5525 on March 25, 1986.

          B. The Seller subsequently succeeded to the interest of Thermal Power
Company under the Purchase Power Contract.

          C. The Company and the Seller entered into that certain Firm Capacity
Amendment To Purchase Power Contract Dated March 24, 1986, dated July 28, 1989
("Firm Capacity Amendment"), which was subsequently approved by the PUC in its
D & O No. 10519, filed in PUC Docket No. 6498 on February 14, 1990.

          D. The Seller's geothermal power project located in Kapoho, Hawaii
("Facility") was from its inception a "qualifying facility" ("QF"), under
Subchapter 2 of the "Standards for Small Power Production and Cogeneration,"
Hawaii Administrative Rules, Title 6, Chapter 74 ("PUC Standards").

          E. As a result of a restructuring of the ownership of the Seller and
the Facility in connection with financing for the Facility, the Facility may,
following such restructuring, no longer qualify as a QF under the PUC Standards,
but such restructuring will not otherwise affect or modify the Seller's
capability of performing its obligations under the Purchase Power Contract, as
amended, and/or the rights of the Company thereunder.

          F. The Company and the Seller firmly believe that the rates for
purchase set forth in the Purchase Power Contract, as amended, are fully
consistent with the provisions of H.R.S. Section 269-27.2 and continue to be in
furtherance of the State's policy to encourage the development of the State's

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renewable alternate energy resources, including the geothermal resources.

          G. The Company and the Seller further believe that it is in the best
interests of the parties to amend the Purchase Power Contract, as amended, to
(i) provide that the Facility shall be either (i) a QF or (ii) a producer of
electricity generated from nonfossil fuel sources and thus falling within the
meaning of Section 269-27_2, Hawaii Revised Statutes ("nonfossil fuel
producer"), and to advise the PUC of such amendment.

          NOW, THEREFORE, in consideration of the premises, the parties hereby
agree to amend the Purchase Power Contract and the Firm Capacity Amendment as
follows:

          1.   Amendments to the Purchase Power Contract.

          a. The second WHEREAS clause on page 1 of the Purchase Power Contract
is amended by (i) deleting the following portion of that clause:

          "of a cogeneration facility or small power production facility which
          is a qualifying facility under Subchapter 2 of the PUC's Standards for
          Small Power Production and Cogeneration in the State of Hawaii,
          Chapter 74 of Title 6; and"

and (ii) substituting in lieu thereof the following new portion:

          "of a cogeneration facility or small power production facility which
          is (i) a qualifying facility under Subchapter 2 of the PUC's Standards
          for Small Power Production and Cogeneration in the State of Hawaii,
          Chapter 74 of Title 6, or (ii) a producer of electricity generated
          from nonfossil fuel sources and thus falling within the meaning of
          Section 269-27.2, Hawaii Revised Statutes ("nonfossil fuel producer");
          and"

          b. APPENDIX E on page 19 of the Purchase Power Contract is amended by
deleting subparagraph l.(a)(ii) in its entirety and substituting in lieu thereof
the following new subparagraphs l.(a)(ii):

          "(ii) failure of the Seller's facility, upon its completion and
                operation, to be (i) a qualifying facility under Subchapter 2 of
                the PUC's Standards for Small Power

                                       2.

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               Production and Cogeneration in the State of Hawaii, Chapter 74 of
               Title 6 in effect as of the date of this Contract, or (ii) a
               nonfossil fuel producer falling within the meaning of Section
               269-27.2, Hawaii Revised Statutes; or"

          c. All other references or requirements in the Purchase Power Contract
to the Facility being a "QF" or "qualifying facility" are similarly amended by
adding to each such reference or requirement the phrase "or nonfossil fuel
producer falling within the meaning of Section 269-27.2, Hawaii Revised
Statutes".

          2. Amendments to the Firm Capacity Amendment.

          a. The sixth (6th) WHEREAS clause on page 1 of the Firm Capacity
Amendment is amended by deleting that WHEREAS clause in its entirety and
substituting in lieu thereof the following new WHEREAS clause:

          "WHEREAS, the Seller's facility will be (i) a qualifying facility
          under Subchapter 2 of the PUC's Standards for Small Power Production
          and Cogeneration in the State of Hawaii, Chapter 74 of Title 6, or
          (ii) a facility which generates electricity from nonfossil fuel
          sources and thus falling within the meaning of Section 269-27.2,
          Hawaii Revised Statutes;"

          b. All other references or requirements in the Firm Capacity Amendment
to the Facility being a "QF" or "qualifying facility" are similarly amended by
adding to each such reference or requirement the phrase "or nonfossil fuel
producer falling within the meaning of Section 269-27.2, Hawaii Revised
Statutes".

          3. Continuing Effect. Except as amended by this instrument, the Power
Purchase Contract, as amended by the Firm Capacity Amendment, remains in
otherwise unmodified and in full force and effect.

          4. Further Action. The Company and the Seller shall take such further
action as may be necessary or desirable to implement the provisions, and advise
the PUC, of this Amendment to Purchase Power Contract, as amended, as
expeditiously as possible.

          5. Counterparts. This instrument may be executed in any number of
counterparts, each of which shall be deemed an

                                       3.

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original, and all of which together shall constitute one and the same
instrument.

          6. Effective Date. This Amendment to Purchase Power Contract, as
amended, shall become effective when signed by the Seller and the Company.

          IN WITNESS WHEREOF, the Company and the Seller have executed this
Amendment to Purchase Power Contract, as amended, as of the day and year first
above written.

                                        HAWAII ELECTRIC LIGHT COMPANY, Inc.

                                        By /s/  Warren H. W. Lee       14 Oct 93
                                           -------------------------------------
                                           Warren H. W. Lee               Date
                                           Its President

                                        By /s/ Edward Y. Hirata         10/14/93
                                           -------------------------------------
                                           Edward Y. Hirata               Date
                                           Its Vice President

                                                                         Company

                                        PUNA GEOTHERMAL VENTURE

                                        By CE PUNA LIMITED PARTNERSHIP,
                                           a Maryland limited partnership

                                           By CE PUNA I, INC.,
                                              a Maryland corporation
                                              Its General Partners

                                              By /s/ Bruce M. Ambler
                                                 -------------------------------
                                                 Bruce M. Ambler
                                                 Its President

                                       4.

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2 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/25/22  Ormat Technologies, Inc.          10-K       12/31/21  143:66M                                    RDG Filings/FA
 2/26/21  Ormat Technologies, Inc.          10-K       12/31/20  144:33M                                    RDG Filings/FA

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Filing Submission 0000950136-04-003123 – Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

Ormat Technologies, Inc. – IPO: ‘S-1/A’ on 9/28/04 – EX-10.3.46

On: Tuesday, 9/28/04, at 9:30am ET · Accession #: 950136-4-3123 · File #: 333-117527

Previous ‘S-1’: ‘S-1’ on 7/21/04 · Next: ‘S-1/A’ on 10/22/04 · Latest: ‘S-1/A’ on 11/10/04 · 2 References: By: Ormat Technologies, Inc. – ‘10-K’ on 2/25/22 for 12/31/21 By: Ormat Technologies, Inc. – ‘10-K’ on 2/26/21 for 12/31/20

Initial Public Offering (IPO): Pre-Effective Amendment to Registration Statement (General Form) — Form S-1Filing Table of Contents

EX-10.3.46 — Amendment to Purchase Power ContractExhibit Table of Contents

This exhibit is an HTML Document rendered as filed. [ Alternative Formats ]

2 Subsequent Filings that Reference this Filing

Previous ‘S-1’: ‘S-1’ on 7/21/04 · Next: ‘S-1/A’ on 10/22/04 · Latest: ‘S-1/A’ on 11/10/04 · 2 References:

Initial Public Offering (IPO): Pre-Effective Amendment to Registration Statement (General Form) — Form S-1
Filing Table of Contents

EX-10.3.46 — Amendment to Purchase Power Contract
Exhibit Table of Contents