0001104659-16-130292 Sample Contracts

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • June 30th, 2016 • Plug Power Inc • Electrical industrial apparatus • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of June 27, 2016 and is entered into by and between PLUG POWER INC., a Delaware corporation, EMERGING POWER INC., a Delaware corporation, EMERGENT POWER INC., a Delaware corporation and each of their Qualified Subsidiaries (hereinafter collectively referred to as the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES CAPITAL, INC., formerly known as Hercules Technology Growth Capital, Inc., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, the “Agent”).

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