ContractLoan Agreement • May 29th, 2013 • FS Energy & Power Fund • New York
Contract Type FiledMay 29th, 2013 Company JurisdictionLOAN AGREEMENT dated as of May 24, 2013 (this Agreement) between EP FUNDING LLC, a Delaware limited liability company (the Borrower), the financial institutions and other lenders from time to time party hereto, as “Lenders” (the Lenders), and Citibank, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent).
ACCOUNT CONTROL AGREEMENTAccount Control Agreement • May 29th, 2013 • FS Energy & Power Fund • New York
Contract Type FiledMay 29th, 2013 Company JurisdictionACCOUNT CONTROL AGREEMENT, dated as of May 24, 2013 (this Agreement), between EP FUNDING LLC, a Delaware limited liability company (the Debtor), Citibank, N.A., a national banking association, in its capacity as creditor and security agent for and on behalf of the Secured Parties (in such capacity, together with its successors in such capacity, the Security Agent) under the Security Agreement referred to below, Citibank, N.A., in its capacity as securities intermediary (the Intermediary), and Virtus Group, LP, a Texas limited partnership, in its capacity as collateral administrator (the Collateral Administrator and, together with the Intermediary, the Collateral Parties).
EP FUNDING LLC as Company and FS ENERGY AND POWER FUND as Investment Manager INVESTMENT MANAGEMENT AGREEMENT Dated as of May 24, 2013Investment Management Agreement • May 29th, 2013 • FS Energy & Power Fund • New York
Contract Type FiledMay 29th, 2013 Company JurisdictionINVESTMENT MANAGEMENT AGREEMENT, dated as of May 24, 2013 (this “Agreement”), between EP FUNDING LLC, a Delaware limited liability company (the “Company”), and FS ENERGY AND POWER FUND, a Delaware statutory trust, as investment manager (in such capacity, the “Investment Manager”).
ContractSecurity Agreement • May 29th, 2013 • FS Energy & Power Fund • New York
Contract Type FiledMay 29th, 2013 Company JurisdictionSECURITY AGREEMENT dated as of May 24, 2013 (this Agreement) between EP FUNDING LLC, a Delaware limited liability company (the Pledgor), and Citibank, N.A., a national banking association, as security agent for the Secured Parties referred to below (in such capacity, the Security Agent).