FIRST AMENDED AND RESTATED CASH COLLATERAL ACCOUNT AGREEMENTCash Collateral Account Agreement • January 21st, 2009 • Renegy Holdings, Inc. • Engines & turbines • Arizona
THIS FIRST AMENDED AND RESTATED CASH COLLATERAL ACCOUNT AGREEMENT (this “Agreement”), dated as of January 14, 2009, is entered into by and between RENEGY HOLDINGS, INC., a Delaware corporation, (collectively, “Grantor” and “Borrower”) and COMERICA BANK, a Texas corporation (hereinafter sometimes referred to as “Secured Party” or “Lender”).
NON REVOLVING LINE OF CREDIT PROMISSORY NOTE (L/C NOTE)Renegy Holdings, Inc. • January 21st, 2009 • Engines & turbines
This L/C Note is issued pursuant to the Credit Agreement and is secured by the Credit Documents and the Related Documents, including the Guaranty. Capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement. In the event of any conflict between the provisions of this L/C Note and the provisions of the Credit Agreement, the provisions of the Credit Agreement shall govern. All notices required or permitted in connection with this L/C Note shall be given in the manner provided in the Credit Agreement for the giving of notices.
FOURTH MODIFICATION TO CREDIT AGREEMENT WITH MODIFICATIONS TO THE NON REVOLVING LINE OF CREDIT PROMISSORY NOTE (Renegy Holdings, Inc., Credit Agreement dated March 28, 2008)Credit Agreement • January 21st, 2009 • Renegy Holdings, Inc. • Engines & turbines
THIS FOURTH MODIFICATION TO CREDIT AGREEMENT (this “Agreement”) is entered into as of JANUARY 14, 2009 by and between COMERICA BANK, a Texas banking corporation (“Lender”), and RENEGY HOLDINGS, INC., a Delaware corporation (the “Borrower”). Robert Merrill Worsley (“RMW”), Christi Marie Worsley (“CMW”), The Robert Merrill Worsley and Christi Marie Worsley Family Revocable Trust, dated July 28, 1998 (“Trust”), NZ Legacy, LLC, an Arizona limited liability company (“NZ Legacy”), and New Mexico & Arizona Land Company, LLC, an Arizona limited liability company (“NMAL”) (RMW, CMW, Trust, NZ Legacy and NMAL are also referred to individually and collectively as the “Guarantor” and together with Borrower the “Credit Parties”) are joining in the execution and delivery of this Agreement to evidence its acknowledgment of, consent to, and agreement with, the terms and conditions of this Agreement and the representations, warranties and obligations of Guarantor under this Agreement.
