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 • March 4th, 2011 • 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.
