ContractPromissory Note • January 14th, 2011 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • Connecticut
Promise to Pay. For value received, at the times set forth in the Loan Agreement described herein, FuelCell Energy, Inc. (the “Borrower”) promises to pay to JPMorgan Chase Bank, N.A. (the “Bank”) or order, in lawful money of the United States of America, the sum of Five Million and 00/100 Dollars ($5,000,000.00) or so much thereof as may be advanced and outstanding as a “Disbursement” under the Loan Agreement, plus interest on the unpaid principal balance hereof outstanding from time to time at the rate and times set forth in the Loan Agreement.
SECURITY AGREEMENTSecurity Agreement • January 14th, 2011 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • Connecticut
THIS SECURITY AGREEMENT dated as of January 4, 2011 (this “Security Agreement”) is by and between FUELCELL ENERGY, INC., a Delaware corporation (the “Grantor”) and JPMORGAN CHASE BANK, N.A. (the “Secured Party”).
EXPORT LOAN AGREEMENTExport Loan Agreement • January 14th, 2011 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS BORROWER AGREEMENT (this “Agreement”) is made and entered into by the entity identified as Borrower on the signature page hereof (“Borrower”) in favor of the Export-Import Bank of the United States (“Ex-Im Bank”) and the institution identified as Lender on the signature page hereof (“Lender”).
INTRACREDITOR SUBORDINATION AND CONFIRMATION AGREEMENTIntracreditor Subordination and Confirmation Agreement • January 14th, 2011 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies
This INTRACREDITOR SUBORDINATION AND CONFIRMATION AGREEMENT (this “Agreement”) is made and effective as of the 4th day of January, 2011, by JPMorgan Chase Bank, N.A. (“Lender”), and is acknowledged by the Person identified as Borrower (“Borrower”) on the signature page hereof.
