AMENDMENT, CONSENT AND FORBEARANCE AGREEMENTConsent and Forbearance Agreement • July 14th, 2010 • Raser Technologies Inc • Electric services • New York
THIS AMENDMENT, CONSENT AND FORBEARANCE AGREEMENT (this “Forbearance Agreement”) is made and entered into on the 9th day of July, 2010 (the “Effective Date”), by and among THERMO NO. 1 BE-01, LLC, a Delaware limited liability company (the “Company”), THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, as Administrative Lender (the “Administrative Lender”), THE PRUDENTIAL INSURANCE COMPANY OF AMERICA AND ZURICH AMERICAN INSURANCE COMPANY (the “Lenders”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent (the “Administrative Agent”) and Collateral Agent (the “Collateral Agent”), and (for the limited purposes set out in Sections 4, 6, 8, 10, 11, 13 and 14 of this Forbearance Agreement) Raser Technologies, Inc.
MEMORANDUM OF UNDERSTANDINGMemorandum of Understanding • July 14th, 2010 • Raser Technologies Inc • Electric services
This MEMORANDUM OF UNDERSTANDING (“Memorandum”) is made and entered into as of June 28, 2010 by and between Hyundai Heavy Industries Co., Ltd. (“HHI”) and Raser Technologies, Inc. (“Raser”). HHI and Raser are sometimes individually referred to herein as a “Party” and together as “Parties”.
SECOND AMENDMENT TO ACCOUNT AND SECURITY AGREEMENTAccount and Security Agreement • July 14th, 2010 • Raser Technologies Inc • Electric services
THIS SECOND AMENDMENT (this “Amendment”) to the Account and Security Agreement dated as of August 31, 2008 (as amended by First Amendment to Account and Security Agreement, dated as of December 4, 2009, the “Agreement”), by and between THERMO NO. 1 BE-01, LLC, a Delaware limited liability company (the “Company”), and DEUTSCHE BANK TRUST COMPANY AMERICAS as Collateral Agent, Account Bank and Securities Intermediary (the “Collateral Agent”) is made and entered on the 9th day of July, 2010.
