Common use of Letter of Credit No Clause in Contracts

Letter of Credit No. The undersigned, a duly authorized officer of ____________________ (the “Bank”), hereby certifies to [AESI DevCo], [an Indiana/a Delaware] limited liability company (“Beneficiary”) with reference to Bank’s Irrevocable Letter of Credit No. _____ (the “Letter of Credit”) issued by the Bank in favor of Beneficiary that the amount drawn by Beneficiary pursuant to its most recent drawing dated as of ____________________ has not been reinstated either (a) because the Bank has not been reimbursed for such drawing, or (b) a Default has occurred under the Reimbursement and Pledge Agreement dated as of ____________________, 20___, between the Bank and the Account Party, as defined in the Letter of Credit, and is continuing. Except as herein expressly set forth, all other terms and conditions of the Letter of Credit remain unchanged. In Witness Whereof, the Bank has executed and delivered this certificate this ____ day of ____________________, _____. [Name of Bank] By: Title: 1 Note to Draft: To list existing Real Property Agreements. 2 Note to Draft: To list any area in which Seller has no discretion. 3 Note to Draft: If Seller is not a limited liability company, several of the provisions in this Agreement will need to be revised appropriately.

Letter of Credit No. The undersigned, a duly authorized officer of ____________________ (the “Bank”), hereby certifies to [AESI DevCo], [an Indiana/a Delaware] limited liability company (“Beneficiary”) with reference to Bank’s Irrevocable Letter of Credit No. _____ (the “Letter of Credit”) issued by the Bank in favor of Beneficiary that the amount drawn by Beneficiary pursuant to its most recent drawing dated as of ____________________ has not been reinstated either (a) because the Bank has not been reimbursed for such drawing, or (b) a Default has occurred under the Reimbursement and Pledge Agreement dated as of ____________________, 20___, between the Bank and the Account Party, as defined in the Letter of Credit, and is continuing. Except as herein expressly set forth, all other terms and conditions of the Letter of Credit remain unchanged. In Witness Whereof, the Bank has executed and delivered this certificate this ____ day of ____________________, _____. [Name of Bank] By: Title: 1 Note to Draft: To consider potential amendments to the tax credit provisions of the MIPA to the extent the Project becomes eligible for production tax credits (PTCs) based on the Project’s start of construction date. 2 Note to Draft: To list existing Real Property Agreements. 2 3 Note to Draft: To list any area in which Seller has no discretion. 3 4 Note to Draft: If Seller is not a limited liability company, several of the provisions in this Agreement will need to be revised appropriately.

Letter of Credit No. The undersigned, a duly authorized officer of ____________________ (the “Bank”), hereby certifies to [AESI DevCo], [an Indiana/a Delaware] limited liability company (“Beneficiary”) with reference to Bank’s Irrevocable Letter of Credit No. _____ (the “Letter of Credit”) issued by the Bank in favor of Beneficiary that the amount drawn by Beneficiary pursuant to its most recent drawing dated as of ____________________ has not been reinstated either (a) because the Bank has not been reimbursed for such drawing, or (b) a Default has occurred under the Reimbursement and Pledge Agreement dated as of ____________________, 20___, between the Bank and the Account Party, as defined in the Letter of Credit, and is continuing. Except as herein expressly set forth, all other terms and conditions of the Letter of Credit remain unchanged. In Witness Whereof, the Bank has executed and delivered this certificate this ____ day of ____________________, _____. [Name of Bank] By: Title: 1 Note to Draft: To consider potential amendments to the tax credit provisions of the MIPA to the extent the Project becomes eligible for production tax credits (PTCs) based on the Project’s start of construction date. 2 Note to Draft: To list existing Real Property Agreements. 2 3 Note to Draft: To list any area in which Seller has no discretion. 3 4 Note to Draft: If Seller is not a limited liability company, several of the provisions in this Agreement will need to be revised appropriately. 5 Note to Draft: May not be needed.