ContractCredit and Guaranty Agreement • February 28th, 2019 • Atlantica Yield PLC • Electric services • New York
FIRST AMENDMENT AND JOINDER TO CREDIT AND GUARANTY AGREEMENT, dated as of January 24, 2019 (this “Amendment and Joinder”), among (i) Atlantica Yield PLC, as borrower (the “Borrower”) under the Credit and Guaranty Agreement, dated as of May 10, 2018 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Guarantors, the L/C Issuers, the Lenders and the Administrative Agent (each as defined below), (ii) the guarantors party to the Credit Agreement (the “Guarantors”), (iii) Royal Bank of Canada and Canadian Imperial Bank of Commerce, London Branch, as L/C Issuers (the “L/C Issuers”), (iv) the lenders party to the Credit Agreement (the “Lenders”), (v) Royal Bank of Canada, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and (vi) Bank of Montreal, London Branch, as new lender (the “New Lender”) and additional Joint Lead Arranger and Joint Bookrunner.
AS ISSUER ABENGOA CONCESSIONS PERU S.A. ABENGOA SOLAR US HOLDINGS INC. ABENGOA SOLAR HOLDINGS USA INC., ABENGOA CONCESSIONS INFRASTRUCTURES, S.L.U. ACT HOLDING, S.A. DE C.V., AS GUARANTORS ABENGOA SOLAR SOUTH AFRICA PROPRIETARY LIMITED, AS ADDITIONAL...Second Supplemental Indenture • February 28th, 2019 • Atlantica Yield PLC • Electric services • New York
SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of December 11, 2015, among Abengoa Yield plc, incorporated as a public limited company under the laws of England and Wales (the “Issuer”), Abengoa Concessions Peru S.A., Abengoa Solar US Holdings Inc., Abengoa Solar Holdings USA Inc., Abengoa Concessions Infrastructures, S.L.U. and ACT Holding, S.A. de C.V. (together, the “Guarantors”), Abengoa Solar South Africa Proprietary Limited (registration number 2010/000528/07), a company incorporated under the laws of the Republic of South Africa (the “Additional Guarantor”), The Bank of New York Mellon as Trustee (the “Trustee”), as registrar (the “Registrar”), as paying agent (the “Paying Agent”) and as transfer agent (the “Transfer Agent”), and The Bank of New York Mellon (Luxembourg) S.A., as Luxembourg paying agent and Luxembourg transfer agent (the “Luxembourg Agent” and, collectively, the “Agents”).
