ORION ENERGY PARTNERS INVESTMENT AGENT, LLCPayoff Letter • December 1st, 2020 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
Contract Type FiledDecember 1st, 2020 Company Industry JurisdictionReference is made to that certain Credit Agreement, dated as of October 31, 2019 (as amended, restated, supplemented or otherwise modified through the date hereof, the “Credit Agreement”), among FuelCell Energy, Inc. (the “Borrower”), the Subsidiaries of the Borrower from time to time party thereto as Guarantors, the Lenders from time to time party thereto, and Orion Energy Partners Investment Agent, LLC, as the Administrative Agent and the Collateral Agent. The Administrative Agent understands that on the Payoff Effective Time (as hereinafter defined), the Borrower expects to repay in full all of the Obligations of the Borrower to the Administrative Agent and the Lenders under or in respect of the Credit Agreement and the other Financing Documents (other than contingent indemnity obligations for which no claim has been asserted). All capitalized terms used herein shall have the respective meanings specified in the Credit Agreement unless otherwise defined herein. Unless otherwise spec