TAX REGULATORY AGREEMENT Between THE CITY OF GRAND ISLAND, NEBRASKA and MICROGY GRAND ISLAND, LLC The City of Grand Island, Nebraska Solid Waste Disposal Facilities Revenue Bonds (Microgy Grand Island, LLC Project) Series 2008 Dated as of June 1, 2008Tax Regulatory Agreement • July 28th, 2008 • Environmental Power Corp • Cogeneration services & small power producers
THIS TAX REGULATORY AGREEMENT is made and dated as of June 1, 2008 by and among THE CITY OF GRAND ISLAND, NEBRASKA, a political subdivision of the State of Nebraska, and its successors and assigns (the “Issuer”), and MICROGY GRAND ISLAND, LLC, a limited liability company organized under the laws of the State of Nebraska, and its successors and assigns (the “Company”).
GUARANTY AGREEMENT between MICROGY GRAND ISLAND, LLC and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee Dated as of June 1, 2008Guaranty Agreement • July 28th, 2008 • Environmental Power Corp • Cogeneration services & small power producers
THIS GUARANTY AGREEMENT made and entered into as of June 1, 2008 (this “Guaranty”), by and between MICROGY GRAND ISLAND, LLC, a limited liability company duly organized and existing under the laws of the State of Nebraska (“Guarantor”), to WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, with an office located at Philadelphia, Pennsylvania, as trustee (“Trustee”), together with any successor trustee, at the time serving as trustee under the Trust Indenture dated as of June 1, 2008 between The City of Grand Island, Nebraska, and Trustee.
BOND PURCHASE AGREEMENT THE CITY OF GRAND ISLAND, NEBRASKA SOLID WASTE DISPOSAL FACILITIES REVENUE BONDS (MICROGY GRAND ISLAND, LLC PROJECT) SERIES 2008Bond Purchase Agreement • July 28th, 2008 • Environmental Power Corp • Cogeneration services & small power producers • Nebraska
BOND PURCHASE AGREEMENT dated July 22, 2008, among THE CITY OF GRAND ISLAND, NEBRASKA (the “Issuer”), MICROGY GRAND ISLAND, LLC (the “Company”) and B.C. ZIEGLER AND COMPANY d/b/a ZIEGLER CAPITAL MARKETS (the “Underwriter”).
SUPPORT AGREEMENTSupport Agreement • July 28th, 2008 • Environmental Power Corp • Cogeneration services & small power producers • Nebraska
This Support Agreement is dated June 1, 2008 among Environmental Power Corporation (“EPC”), Microgy Grand Island, LLC (the “Company”) and Wells Fargo Bank, National Association, as trustee (the “Trustee”) under the Trust Indenture dated as of June 1, 2008 (the “Indenture”) with The City of Grand Island, Nebraska (the “Issuer”). Capitalized terms not defined herein shall have the same meaning ascribed to them in the Indenture.
LEASE AGREEMENT between THE CITY OF GRAND ISLAND, NEBRASKA and MICROGY GRAND ISLAND, LLC relating to The City of Grand Island, Nebraska Solid Waste Disposal Facilities Revenue Bonds (Microgy Grand Island, LLC Project) Series 2008 Dated as of June 1, 2008Lease Agreement • July 28th, 2008 • Environmental Power Corp • Cogeneration services & small power producers • New York
THIS LEASE AGREEMENT, dated as of June 1, 2008 (this “Agreement”), by and between THE CITY OF GRAND ISLAND, NEBRASKA (the “Issuer”), a political subdivision duly organized and existing under the laws of the State of Nebraska, as lessor, and MICROGY GRAND ISLAND, LLC (the “Company”), a limited liability company organized under the laws of the State of Nebraska and qualified to do business in the State of Nebraska, as lessee:
PLEDGE AGREEMENTPledge Agreement • July 28th, 2008 • Environmental Power Corp • Cogeneration services & small power producers • Nebraska
THIS PLEDGE AGREEMENT (this “Agreement”) is made as of the 1st day of June, 2008, by and between MICROGY GRAND ISLAND, LLC, a Nebraska limited liability corporation (the “Company”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Trustee (the “Trustee”), and SWIFT & COMPANY, a Delaware corporation (“Swift”). Capitalized terms not defined herein shall have the same meaning ascribed to them in the Indenture, as hereinafter defined.
