SECOND LIMITED WAIVER TO THE LOAN ARRANGEMENT AND REIMBURSEMENT AGREEMENTLoan Arrangement and Reimbursement Agreement • September 25th, 2012 • Tesla Motors Inc • Motor vehicles & passenger car bodies • New York
SECOND LIMITED WAIVER, dated as of September 24, 2012 (this “Waiver”), to the Loan Arrangement and Reimbursement Agreement, dated as of January 20, 2010 (as amended by the First Amendment to the Loan Arrangement and Reimbursement Agreement dated as of June 15, 2011, the Limited Waiver dated as of February 22, 2012 (the “First Waiver”), the Second Amendment to the Loan Arrangement and Reimbursement Agreement dated as of June 20, 2012 and as further amended, supplemented or otherwise modified from time to time prior to the date hereof, the “Arrangement Agreement”), between Tesla Motors, Inc. (the “Borrower”) and the United States Department of Energy (“DOE”). Unless otherwise defined herein, terms defined in the Arrangement Agreement and used herein shall have the meanings given to them in the Arrangement Agreement.
