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Ormat Technologies, Inc. – IPO: ‘S-1/A’ on 9/28/04 – EX-10.4.28

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-10.4.28 — Second Amendment to Geothermal Lease
Exhibit Table of Contents

Page	(sequential)	\|	(alphabetic)	Top
			Alternative Formats (Word, et al.) Lessee Lessor
1	1st Page - Filing Submission
5	Lessee
7	Lessor

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

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                                                                 Exhibit 10.4.28

                      SECOND AMENDMENT TO GEOTHERMAL LEASE

              This Second Amendment to Geothermal Lease is entered into this
25th day of June, 1993, by and between Bernice Guisti, Judith Harvey and Karen
Thompson, Trustees and Beneficiaries of the Guisti Trust ("Lessor"), and Far
West Capital, Inc., a Utah Corporation on behalf of itself and its Assignee,
Steamboat Development Corp. ("Lessee").

                                    RECITALS

              A. The parties entered into that certain Geothermal Resource Lease
("Lease") effective June 27, 1988, and have previously amended the Lease by that
certain Amendment to Geothermal Lease dated in January, 1992.

              B. This Amendment is caused primarily by the Nevada Department of
Transportation taking by eminent domain of a portion of the leased premises for
highway construction and a power line right of way, thus creating great
uncertainty about the sufficiency of the remainder of the leased premises
available for plant site and resource development.

              C. The parties desire, to further amend the Lease to provide for
extension of the time deadlines as set forth below in consideration of Lessee's
drilling a deep core hole on the leased land.

              NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants and performances provided in the Lease and this amendment, the parties
agree to amend the Lease as follows:

              1. The parties hereby acknowledge that the production well
       contemplated by Sections 2.(a) and 2.(b) herein has been constructed and
       drilled by Lessee and the Lease was thereby extended through June 27,
       1993.

              2. Lessee agrees that it will drill a deep core hole on the leased
       land which core hole will be completed on or before September 1, 1993.
       The core hole will be drilled pursuant to a

                                        1

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       $600,000 Department of Energy ("DOE") Grant and will be drilled to a
       depth in excess of 4,000 feet.

              3. In consideration of Lessee's agreement to drill and complete
       said deep core hole the term of this Lease is hereby extended until
       October 1, 1993 and Section 2.(c) of the Lease is hereby amended to read
       as follows:

              2.(c) If Lessee shall obtain a contract for the sale of electrical
          energy generated by the use of geothermal fluids produced from the
          Premises by October 1, 1993, then in that event the term of this Lease
          shall be automatically extended until October 1, 1995. If a power
          plant capable of generating electrical energy by the use of geothermal
          fluids is thereafter constructed within the extended Lease term then
          the Lease term shall then be as provided in the initial paragraph of
          this Section 2.

              4. It is the intention of the parties to negotiate a further
       extension of the Lease and its terms based on the information developed
       concerning the leased geothermal resource from the core hole referred to
       in paragraph 2 hereof and outcome of negotiations with the Nevada
       Department of Transportation.

              5. Notwithstanding any terms of this lease to the contrary Far
       West Capital and/or DOE personnel will have access to the leased premises
       for a two year period commencing with the completion of the core hole
       contemplated herein, to test and collect data from hot air well #4 and
       the core hole and to perform such test on the core hole and hot air well
       #4 as they may desire.

              6. Except as expressly modified by signed written amendment all
       other terms of the Lease shall remain unchanged and shall remain in full
       force and effect.

                                        2

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              IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment to Geothermal Lease as of the day and year first above written.

                                        3

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LESSOR:                              TRUSTEES AND BENEFICIARIES OF
                                     THE GUISTI LEASE

                                     /s/ Bernice Guisti
                                     ----------------------------------------
                                     BERNICE GUISTI

                                     /s/ Judith Harvey
                                     ----------------------------------------
                                     JUDITH HARVEY

                                     /s/ Karen Thompson
                                     ----------------------------------------
                                     KAREN THOMPSON

LESSEE:                              FAR WEST CAPITAL, INC.

                                     By: Alan O. Melchior
                                         ------------------------------------
                                         Its: President
                                              -------------------------------

                                     STEAMBOAT DEVELOPMENT CORP.

                                     By: Alan O. Melchior
                                         -----------------------------------
                                         Its: President
                                              ------------------------------

STATE OF NEVADA              )
                             : ss
COUNTY OF WASHOE             )

     On this 30th day of June, 1993, personally appeared before me, a Notary
Public in and for said County and State, Bernice Guisti and Judith Harvey in
their capacities as Trustees and Beneficiaries of the Guisti Lease, and
acknowledged to me that they have read and understand the contents of the
above document and sign the same of their own free will.

                                     /s/ Ross E. De Lipkau
                                     ----------------------------------------
                                           NOTARY PUBLIC

[SEAL]
ROSS E. De LIPKAU
Notary Public - State of Nevada
Appointment Recorded in Washoe County
MY APPOINTMENT EXPIRES SEPT. 15, 1994

                                        4

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STATE OF UTAH                )
                             :ss
COUNTY OF SALT LAKE          )

On this 25th day of June, 1993, personally appeared before me, a Notary Public
in and for said County and State, Alan O. Melchior, in his capacity as
President or Far West Capital, Inc., and acknowledged to me that he has read
and understands the contents of the above document and signs the same of his
own free will.

[SEAL]
NOTARY PUBLIC                      /s/ Jody Rolfson
JODY ROLFSON                       -----------------------------------
921 Executive Park                      NOTARY PUBLIC
Salt Lake City, Utah
My Commission Expires
March 19, 1994
STATE OF UTAH

STATE OF UTAH                 )
                              :ss
COUNTY OF SALT LAKE           )

On this 25th day of June, 1993, personally appeared before me, a Notary Public
in and for said County and State, Alan O. Melchior, in his capacity as President
for Steamboat Development Corp., and acknowledged to me that he has read and
understands the contents of the above document and signs the same of his own
free will.

[SEAL]
NOTARY PUBLIC                      /s/ Jody Rolfson
JODY ROLFSON                       ------------------------------------
921 Executive Park                     NOTARY PUBLIC
Salt Lake City, Utah
My Commission Expires
March 19, 1994
STATE OF UTAH

STATE OF UTAH                 )
                              :ss
COUNTY OF SALT LAKE           )

     On this 30th day of June, 1993, personally appeared before me, a Notary
Public, Karen Thompson personally known (or proved) to me to be the person
whose name is subscribed to the foregoing instrument, who acknowledged that
she is one of the Trustees and Beneficiaries of the Guisti Trust and that she
executed the foregoing instrument on behalf of said trust.

[SEAL]
LINDA B. ELLER
Notary Public - State of Nevada             /s/ Linda B. Eller
Appointment Recorded in Washoe County       -------------------------------
MY APPOINTMENT EXPIRES FEB. 9, 1994             NOTARY PUBLIC

                                       5

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                                    1478464
WHEN RECORDED RETURN TO:
Cassac de Lipkau & Erwin
    P.O. Box 2790
    Reno, NV 89505

                               MEMORANDUM OF LEASE
                               -------------------

     This Memorandum is to provide notice of the existence of that certain
unrecorded Geothermal Resources Lease ("Lease") made and entered into the
27th day of June 1988, by and between Bernice Guisti, Judith Harvey, and Karen
Thompson, Trustees and Beneficiaries of the Guisti Trust ("Lessor") and Far
West Capital, Inc., a Utah corporation ("Lessee").

     Pursuant to the terms of such Lease, Lessor leases to Lessee the exclusive
right and privilege to drill for, extract, produce, remove, utilize, sell, and
dispose of geothermal steam and associated geothermal resources in or under
that certain parcel of property consisting of approximately sixty (60) acres,
as more particularly described as follows:

                All that certain real property consisting of
                60 acres located in Washoe County, State  of
                Nevada, more particularly described as the W
                1/2  NE 1/4  SE 1/4  and  the SE 1/4  SE 1/4
                Section 29, T. 18 N., R. 20 E., M.D.B.&M.

     The term of this lease extends for twenty years from the date of its
original execution, and for so long thereafter as geothermal resources are
produced or utilized in commercial quantities on the leased property, or lands
pooled or utilized therewith.

     Dated this 15th day of April, 1991.

        LESSOR:                       TRUSTEE AND BENEFICIARIES
                                      OF THE GUISTI TRUST

                                      /s/ Bernice Guisti
                                      ---------------------------------------
                                      BERNICE GUISTI

EX-10.4.28 8th Page of 9 TOC 1st Previous Next ↓Bottom Just 8th
                                      /s/ Judith Harvey
                                      ---------------------------------------
                                      JUDITH HARVEY

                                      /s/ Karen Thompson
                                      ---------------------------------------
                                      KAREN THOMPSON

        LESSEE:                       FAR WEST CAPITAL, INC.

                                      By: Thomas A. Quinn
                                          -----------------------------------
                                          Its: Vice President
                                               ------------------------------

STATE OF NEVADA              )
                             :ss
COUNTY OF NASHOE             )

On this 19th day of April, 1991, personally appeared before me, a Notary Public
in and for said County and State, BERNICE GUISTI, JUDITH HARVEY, and KAREN
THOMPSON, in their capacities as Trustees and Beneficiaries of the Guisti
Trust, and acknowledged to me that they have read and understand the contents
of the above document and sign the same of their own free will.

[SEAL]
SANDRA K. McGOWAN                      /s/ Sandra K. McGowan
Notary Public - State of Nevada        -------------------------------------
Appointment Recorded in Washoe County      NOTARY PUBLIC
MY APPOINTMENT EXPIRES APR. 9, 1994

STATE OF UTAH              )
                           :ss
COUNTY OF SALT LAKE        )

     On this 15th day of April, 1991, personally appeared before me, a Notary
Public in and for said County and State, Thomas A Quinn, in his capacity as
Vice President, for Far West Capital, Inc., and acknowledged to me that he has
read and understands the contents of the above document and signs the same
of his own free will.

[SEAL]
NOTARY PUBLIC                          /s/ Jody Rolfson
JODY ROLFSON                           --------------------------------------
921 Executive Park Drive               NOTARY PUBLIC
Salt Lake City, Utah
My Commission Expires
March 18, 1994
STATE OF UTAH

EX-10.4.28 Last Page of 9 TOC 1st Previous Next ↓Bottom Just 9th
                                  MAY 09 1991

                                  BK3255pg0979

                               HILL PASSAS ET AL
                                 91 MAY 9 P2:29

                                   FEE $7.00

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Dates Referenced Herein

		Referenced-On Page
This ‘S-1/A’ Filing	Date	First	Last	Other Filings

Filed on:	9/28/04			None on these Dates
	10/1/95	3
	9/15/94	5
	4/9/94	8
	3/19/94	6
	3/18/94	8
	2/9/94	6
	10/1/93	3
	9/1/93	2
	6/27/93	2
				List all Filings

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

↑Top

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-10.4.28

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-10.4.28 — Second Amendment to Geothermal LeaseExhibit Table of Contents

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

Dates Referenced Herein

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-10.4.28 — Second Amendment to Geothermal Lease
Exhibit Table of Contents