Beacon Power Corporation has requested that portions of this document be accorded confidential treatment pursuant to Rule 24b-2 promulgated under the Securities Exchange Act of 1934, as amended. COMMON AGREEMENT dated as of August 6, 2010 among...Common Agreement • November 9th, 2010 • Beacon Power Corp • Electric services
This COMMON AGREEMENT (the “Common Agreement”), dated as of August 6, 2010, is by and among (i) STEPHENTOWN REGULATION SERVICES LLC, a limited liability company organized and existing under the laws of Delaware, as Borrower, (ii) the U.S. DEPARTMENT OF ENERGY, acting by and through the Secretary of Energy, for itself as a Credit Party and as guarantor of the Advances made under the DOE Credit Facility Documents (in such capacity, “DOE”), (iii) the U.S. DEPARTMENT OF ENERGY, acting through its Loan Guarantee Program Office, as the Loan Servicer (in such capacity, the “Loan Servicer”), and (iv) MIDLAND LOAN SERVICES, INC., a corporation organized and existing under the laws of Delaware, as the Administrative Agent in its capacity as the Collateral Agent.
COMPLETION GUARANTY From BEACON POWER CORPORATION, as Guarantor to The U.S. DEPARTMENT OF ENERGY and MIDLAND LOAN SERVICES, INC., as Administrative Agent in its capacity as the Collateral Agent Dated as of August 6, 2010Completion Guaranty • November 9th, 2010 • Beacon Power Corp • Electric services
This COMPLETION GUARANTY made and entered into as of August 6, 2010 (the “Guaranty Agreement”), from BEACON POWER CORPORATION, a corporation duly organized and validly existing under and by virtue of the laws of the State of Delaware, having an office at 65 Middlesex Road, Tyngsboro, MA 01879 (the “Guarantor”), to the U.S. DEPARTMENT OF ENERGY, an agency of the United States of America (“DOE” or a “Secured Party”), and MIDLAND LOAN SERVICES, INC., a corporation duly organized and validly existing under and by virtue of the laws of the State of Delaware having its principal corporate trust office at 10851 Mastin, Suite 700 Overland Park, KS 66210, as administrative agent in its capacity as the collateral agent (the “Collateral Agent” or a “Secured Party”), together with any successor collateral agent at the time serving as such under the Common Agreement dated as of August 6, 2010, among Stephentown Regulation Services LLC (the “Borrower”), DOE and the Collateral Agent (the “Common Agre
ContractNote Purchase Agreement • November 9th, 2010 • Beacon Power Corp • Electric services • New York
NOTE PURCHASE AGREEMENT made as of August 6, 2010, by and among the FEDERAL FINANCING BANK (“FFB”), a body corporate and instrumentality of the United States of America, STEPHENTOWN REGULATION SERVICES, LLC (the “Borrower”), a limited liability company organized and existing under the laws of the State of Delaware, and the SECRETARY OF ENERGY, acting through the Department of Energy (the “Secretary”).
CORPORATE GUARANTY From BEACON POWER CORPORATION, as Guarantor to The U.S. DEPARTMENT OF ENERGY and MIDLAND LOAN SERVICES, INC., as Administrative Agent in its capacity as the Collateral Agent Dated as of August 6, 2010Corporate Guaranty • November 9th, 2010 • Beacon Power Corp • Electric services
This CORPORATE GUARANTY made and entered into as of August 6, 2010 (the “Guaranty Agreement”), from BEACON POWER CORPORATION, a corporation duly organized and validly existing under and by virtue of the laws of the State of Delaware, having an office at 65 Middlesex Road, Tyngsboro, MA 01879 (the “Guarantor”), to the U.S. DEPARTMENT OF ENERGY, an agency of the United States of America (“DOE” or a “Secured Party”), and MIDLAND LOAN SERVICES, INC., a corporation duly organized and validly existing under and by virtue of the laws of the State of Delaware having its principal corporate trust office at 10851 Mastin, Suite 700 Overland Park, KS 66210, as administrative agent in its capacity as the collateral agent (the “Collateral Agent” or a “Secured Party”), together with any successor collateral agent at the time serving as such under the Common Agreement dated as of August 6, 2010, among Stephentown Regulation Services LLC (the “Borrower”), DOE and the Collateral Agent (the “Common Agree
FOR FFB USE ONLY Note Date August 6, 2010 Note Identifier: Place of Issue Tyngsboro, MA Purchase Date: Last Day for an Advance (¶3) May 30, 2012 Maximum Principal Amount (¶4) $43,137,019 Maturity Date (¶5) June 15, 2030 Payment Dates (¶7) March 15,...Beacon Power Corp • November 9th, 2010 • Electric services • New York
