CREDIT AGREEMENT by and between RENEGY HOLDINGS, INC, a Delaware corporation and COMERICA BANK, a Texas banking corporation Dated as of March 28, 2008Credit Agreement • March 31st, 2008 • Renegy Holdings, Inc. • Engines & turbines • Arizona
BY THIS CREDIT AGREEMENT (together with any amendments or modifications, the “Credit Agreement”), entered into as of this 28th day of March 2008 by and between RENEGY HOLDINGS, INC, a Delaware corporation (“Borrower”), and COMERICA BANK, a Texas banking corporation (the “Lender”), in consideration of the mutual promises herein contained and for other valuable consideration, the parties hereto do hereby agree as follows:
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED RENEWABLE ENERGY PURCHASE AND SALE AGREEMENTRenewable Energy Purchase and Sale Agreement • March 31st, 2008 • Renegy Holdings, Inc. • Engines & turbines
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED RENEWABLE ENERGY PURCHASE AND SALE AGREEMENT (this “Amendment”) is executed and delivered as of March 27, 2008, between Salt River Project Agricultural Improvement and Power District (“SRP”) and Snowflake White Mountain Power, LLC (“SWMP”).
FOURTH AMENDMENT TO CREDIT AGREEMENT AND CONSENTCredit Agreement • March 31st, 2008 • Renegy Holdings, Inc. • Engines & turbines • New York
This FOURTH AMENDMENT TO CREDIT AGREEMENT AND CONSENT (this “Agreement”) is entered into as of March 28, 2008 in connection with that certain Credit Agreement, dated as of September 1, 2006, among SNOWFLAKE WHITE MOUNTAIN POWER, LLC (“SWMP”), RENEGY, LLC (“Renegy”), RENEGY TRUCKING, LLC (“Renegy Trucking” and together with Renegy and SWMP, the “Borrowers”), the financial institutions from time to time party thereto (collectively, the “Lenders”) and COBANK, ACB, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as letter of credit issuer, collateral agent and as a Lender, as amended (as further amended from time to time, the “Credit Agreement”). Terms used herein but not defined shall have the meaning given to them in the Credit Agreement and section references refer to sections of the Credit Agreement unless otherwise stated.
CASH COLLATERAL ACCOUNT AGREEMENTCash Collateral Account Agreement • March 31st, 2008 • Renegy Holdings, Inc. • Engines & turbines • Arizona
THIS CASH COLLATERAL ACCOUNT AGREEMENT (this “Agreement”), dated as of March 28, 2008, is entered into by and between RENEGY HOLDINGS, INC., a Delaware corporation, (collectively, “Grantor” and “Borrower”) and COMERICA, a Texas corporation (hereinafter sometimes referred to as “Secured Party” or “Lender”).
