Common Contracts

2 similar Limited Guaranty and Subordination Agreement contracts by Fuelcell Energy Inc

LIMITED GUARANTY AND SUBORDINATION AGREEMENT
Limited Guaranty and Subordination Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus

THIS LIMITED GUARANTY AND SUBORDINATION AGREEMENT (as amended, restated, amended and restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”) is dated as of the 18th day of August, 2023 and made by FUELCELL ENERGY, INC., a Delaware corporation with a principal place of business at 3 Great Pasture Road, Danbury, Connecticut 06810 (“Guarantor”), for the benefit of LIBERTY BANK, a mutual savings bank, having an address at 315 Main Street, Middletown, Connecticut 06457, in its capacity as administrative agent for itself and the Secured Parties (in such capacity, the “Administrative Agent”).

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Limited Guaranty and Subordination Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus

THIS AGREEMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AGREEMENT DATED AS OF THE DATE HEREOF BY AND AMONG CONNECTICUT GREEN BANK, A QUASI-PUBLIC AGENCY OF THE STATE OF CONNECTICUT, IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF SUBORDINATED LENDERS, AND LIBERTY BANK, A MUTUAL SAVINGS BANK, IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF SENIOR LENDERS (AS THE SAME MAY BE AMENDED, RESTATED, AMENDED AND RESTATED, MODIFIED OR SUPPLEMENTED FROM TIME TO TIME, THE “SUBORDINATION AGREEMENT”).

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