GENERATE LENDING, LLC SAN FRANCISCO, CA 94107Right to Finance Agreement • December 26th, 2018 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
Re: RIGHT TO FINANCE AGREEMENT: REGARDING REVOLVING CONSTRUCTION LOAN AGREEMENT (THE “LOAN AGREEMENT”) DATED AS OF DECEMBER 21, 2018 BY AND AMONG FUELCELL ENERGY FINANCE II, LLC (“BORROWER”), CERTAIN OF ITS SUBSIDIARIES AND GENERATE LENDING, LLC (“LENDER”).
CONSTRUCTION LOAN AGREEMENT dated as of December 21, 2018 by and among FUELCELL ENERGY FINANCE II, LLC, as the Borrower, Certain of its Subsidiaries, as the Project Company Guarantors, and GENERATE LENDING, LLC, as the LenderConstruction Loan Agreement • December 26th, 2018 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS CONSTRUCTION LOAN AGREEMENT (together with all exhibits and schedules, as the same may be amended, restated, supplemented or otherwise modified at any time and from time to time, this “Agreement”) is made as of this 21st day of December, 2018, by and among FUELCELL ENERGY FINANCE II, LLC, a Connecticut limited liability company with its principal place of business located at 3 Great Pasture Road, Danbury, Connecticut 06810 (the “Borrower”), BAKERSFIELD FUEL CELL 1, LLC, a Delaware limited liability company (“Bakersfield”), BRT Fuel Cell, LLC, a New York limited liability company (“BRT”), CR FUEL CELL, LLC, a New York limited liability company (“CR”), Yaphank Fuel Cell Park, LLC, a New York limited liability company (“Yaphank”), Homestead Fuel Cell 1, LLC, a Connecticut limited liability company (“Homestead”), DERBY FUEL CELL, LLC, a Connecticut limited liability company (“Derby”, and collectively with Bakersfield, BRT, CR, Yaphank and Homestead, each, an “Initial Project Company G
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 26th, 2018 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • California
THIS FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of December 19, 2018 (the “Amendment Effective Date”), is entered into by and among FuelCell Energy, Inc., a Delaware corporation (“Parent”), Versa Power Systems, Inc., a Delaware corporation (“Versa Delaware”), Versa Power Systems Ltd. a corporation organized under the laws of Alberta, Canada (“Versa Canada”), and each of Parent’s Subsidiaries that delivers a Joinder Agreement pursuant to Section 7.13 of the Loan and Security Agreement (hereinafter collectively referred to as the “Borrowers” and each, a “Borrower”), the several banks and other financial institutions or entities from time to time parties thereto as Lender, constituting the Required Lenders, and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AGREEMENTGuaranty Agreement • December 26th, 2018 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
GUARANTY AGREEMENT (this “Guaranty”), dated as of December 21, 2018, is made by FUELCELL ENERGY, INC., a Delaware corporation (“Guarantor”), in favor of GENERATE LENDING, LLC, a Delaware limited liability company (“Lender”).
