Exhibit 10.1
AMENDMENT TO THE
CAPSTONE TURBINE CORPORATION
RESTRICTED STOCK PURCHASE AGREEMENT
THIS AMENDMENT to the Agreement for the purchase of stock between Capstone Turbine Corporation
(the “Company”) and John Tucker (“Purchaser”), dated August 4, 2003, is made effective June 30,
2005.
RECITALS:
WHEREAS, the Company granted to Purchaser on August 4, 2003 an award of its common stock
subject to the terms and restrictions stated in the Agreement, including terms for the payment of a
purchase for such common stock, and amended the Agreement effective January 31, 2005; and
WHEREAS, the Company and Purchaser desire to clarify that the Agreement for vesting of the
restricted stock shares subject thereto in the event of a change in control of the Company is
intended to incorporate amendments that are made to the Company’s change in control benefit
programs;
NOW, THEREFORE, the Agreement is hereby amended by adding the following provision as a new
Section 4(e) to the Agreement:
(e) The provisions of this Agreement regarding an “Acquisition” of the Company, as defined in
the Capstone Turbine Corporation Amended and Restated 2000 Equity Incentive Plan, shall
automatically incorporate and be governed by any amendments that are made to such plan from time to
time.
IN WITNESS WHEREOF, the undersigned officer of the Company has executed this Amendment
pursuant to authorization from the Company and the Purchaser has set his hand hereto on the date
first written above.
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CAPSTONE TURBINE CORPORATION |
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By: |
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John Tucker |
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Its: |
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