CREDIT AGREEMENT dated as of July 11, 2013 among Energy Funding LLC, as Borrower, the Lenders Referred to Herein, Natixis, New York Branch, as Administrative Agent, and Wells Fargo Bank, National Association, as Collateral Agent and CustodianCredit Agreement • July 16th, 2013 • FS Energy & Power Fund • New York
Contract Type FiledJuly 16th, 2013 Company Jurisdiction
SECURITIES ACCOUNT CONTROL AGREEMENTSecurities Account Control Agreement • July 16th, 2013 • FS Energy & Power Fund • New York
Contract Type FiledJuly 16th, 2013 Company JurisdictionThis Securities Account Control Agreement, dated as of July 11, 2013 (this “Agreement”), is entered into by and among Energy Funding LLC (the “Debtor”), Wells Fargo Bank, National Association, as secured party in its capacity as Collateral Agent under the Credit Agreement referred to below (in such capacity, the “Secured Party”), and Wells Fargo Bank, National Association, as custodian under the Credit Agreement referred to below (in such capacity, the “Custodian”) and as securities intermediary hereunder (in such capacity, the “Securities Intermediary”). Capitalized terms used but not defined herein shall have the meaning assigned to them in the Credit Agreement, dated as of July 11, 2013 (the “Credit Agreement”), among the Debtor, as Borrower, the Secured Party, as Collateral Agent (the “Collateral Agent”), the Lenders referred to therein and Natixis, New York Branch, as Administrative Agent (the “Administrative Agent”). All references herein to the “UCC” shall mean the Uniform Comme
ENERGY FUNDING LLC as Company and FS ENERGY AND POWER FUND as Collateral Manager COLLATERAL MANAGEMENT AGREEMENT Dated as of July 11, 2013Collateral Management Agreement • July 16th, 2013 • FS Energy & Power Fund • New York
Contract Type FiledJuly 16th, 2013 Company JurisdictionCOLLATERAL MANAGEMENT AGREEMENT, dated as of July 11, 2013 (this “Agreement”), between ENERGY FUNDING LLC, a Delaware limited liability company (the “Company”), and FS ENERGY AND POWER FUND, a Delaware statutory trust, as collateral manager (in such capacity, the “Collateral Manager”).