Capstone Energy Plus, Inc. 10-Q

Item 5. Other Information On January 25, 2023, we and Prologis, L.P. (“Lessor”) entered into a lease (the “Lease”), pursuant to which we will lease the premises located at 16640 Stagg Street, Van Nuys, California 91406, for use as our office space, warehouse and assembly space, test space and manufacturing space. We entered into the Lease prior to the expiration of the term our lease dated September 25, 2000, as amended, with the Lessor for the same premises. The Lease has a term of thirty-seven (37) calendar months, commencing March 1, 2023, and provides for the following monthly base rent: $0 until April 1, 2023; $129,873 until March 1, 2024, $135,068 until March 1, 2025, $140,470 until March 1, 2026 and $146,089 until April 1, 2026. The description of the Lease does not purport to be complete and is qualified in its entirety by the reference to the full text of the Lease, a copy of which is filed herewith as Exhibit 10.1. ​ ​ 43 Table of Contents Item 6. Exhibit s ​ ​ ​ Exhibit Number Description 3.1 ​ Conformed Copy of Second Amended and Restated Certificate of Incorporation of Capstone Green Energy Corporation, as amended through April 22, 2021 (b) 3.2 ​ Conformed Copy of Fifth Amended and Restated Bylaws of Capstone Green Energy Corporation effective as of April 22, 2021, as amended through August 26, 2021 (a) 4.1 ​ Amended and Restated Note Purchase Agreement, dated as of October 1, 2020, by and among Capstone Turbine Corporation, certain subsidiaries of the Company and Goldman Sachs Specialty Lending Group, L.P. (as successor in interest to Goldman Sachs Specialty Lending Holdings, Inc.) (c) 4.2 ​ First Amendment to the Amended and Restated Note Purchase Agreement, dated as of May 13, 2021 by and among Capstone Green Energy Corporation, certain subsidiaries of the Company and Goldman Sachs Specialty Lending Group, L.P. (d) 4.3 ​ Capstone Green Energy Corporation 2017 Equity Incentive Plan, as amended through September 12, 2022 (g) 4.4 ​ Second Amendment to the Amended and Restated Note Purchase Agreement dated as of July 13, 2022, by and among Capstone Green Energy Corporation, certain subsidiaries of the Company, the purchaser party thereto and Goldman Sachs Specialty Lending Group, L.P. (e) 4.5 ​ Form of Common Stock Purchase Warrant (f) 10.1 ​ Lease Agreement dates as of January 25, 2023, by Capstone Green Energy Corporation and Prologis, L.P. 31.1 ​ Certification of Chief Executive Officer pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 31.2 ​ Certification of Chief Financial Officer pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 32 ​ Certification of Chief Executive Officer and Chief Financial Officer 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 101.INS ​ XBRL Instance Document – the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the inline XBRL document 101.SCH ​ XBRL Schema Document 101.CAL ​ XBRL Calculation Linkbase Document 101.LAB ​ XBRL Label Linkbase Document 101.PRE ​ XBRL Presentation Linkbase Document 101.DEF ​ XBRL Definition Linkbase Document 104 ​ The cover page from Capstone Green Energy Corporation’s Quarterly Report on Form 10-Q for the quarter ended December 31, 2022, formatted in Inline XBRL and contained in Exhibit 101 (a) Incorporated by reference to Capstone Green Energy Corporation’s Quarterly report on Form 10-Q, filed on November 10, 2021 (File No. 001-15957) (b) Incorporated by reference to Capstone Green Energy Corporation’s Quarterly report on Form 10-Q, filed on August 11, 2021 (File No. 001-15957) (c) Incorporated by reference to Capstone Turbine Corporation’s Current Report on Form 8-K, filed on October 5, 2020 (File No. 001-15957) (d) Incorporated by reference to Capstone Turbine Corporation’s Current Report on Form 8-K, filed on May 14, 2021 (File No. 001-15957) (e) Incorporated by reference to Capstone Green Energy Corporation’s Annual report on Form 10-K, filed on July 13, 2022 (File No. 001-15957) (f) Incorporated by reference to Capstone Green Energy Corporation’s Current Report on Form 8-K, filed on August 23, 2022 (File No. 001-15957) (g) Incorporated by reference to Capstone Green Energy Corporation’s Current Report on Form 8-K, filed on September 15, 2022 (File No. 001-15957) 44 Table of Contents ​ SIGNATURES ​ Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. ​ ​ CAPSTONE GREEN ENERGY CORPORATION ​ ​ ​ ​ ​ By: /s/ SCOTT W. ROBINSON ​ ​ Scott W. Robinson ​ ​ Interim Chief Financial Officer ​ ​ (Principal Financial Officer) Date: February 13, 2023 ​ ​ ​ ​ ​ 45