LOAN AGREEMENT among HAMMERHEAD SOLAR, LLC, a Delaware limited liability company (Borrower); BANK OF AMERICA, N.A. (as the Collateral Agent and Administrative Agent); and THE LENDERS PARTIES HERETOLoan Agreement • October 10th, 2014 • Solarcity Corp • Construction - special trade contractors • New York
This LOAN AGREEMENT, dated as of February 4, 2014 (this “Agreement”), is made by and among HAMMERHEAD SOLAR, LLC, a Delaware limited liability company (the “Borrower”), each of the lenders that is a signatory to this Agreement identified as a “Lender” on the signature pages to this Agreement and listed on Annex 2 or that shall become a “Lender” under this Agreement pursuant to the terms of this Agreement (individually, a “Lender” and, collectively, the “Lenders”), and BANK OF AMERICA, N.A, as the collateral agent for the Secured Parties (in such capacity, together with its successors in such capacity, the “Collateral Agent”) and as the administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”, and, together with the Collateral Agent, the “Agents”).
UPSIZING AMENDMENT AND ACKNOWLEDGMENTUpsizing Amendment and Acknowledgment • October 10th, 2014 • Solarcity Corp • Construction - special trade contractors • New York
This UPSIZING AMENDMENT AND ACKNOWLEDGMENT (this “Amendment”), dated as of February 20, 2014 (the “Effective Date”), is entered into by and among Hammerhead Solar, LLC, a Delaware limited liability company (“Borrower”), Bank of America, N.A., a national banking association, as Administrative Agent (“Administrative Agent”), Collateral Agent for the Secured Parties (“Collateral Agent”), Depositary (as defined in the CADA (as defined below)) and as the initial lender (“Existing Lender) party to the Loan Agreement, dated as of February 4, 2014 (the “Loan Agreement”), by and among Borrower, Administrative Agent and the Existing Lender on the Effective Date immediately prior to the effectiveness of this Amendment, and Société Générale (“SG”), CIT Finance LLC (“CIT”), and Silicon Valley Bank (“SVB”); and collectively with SG and CIT, the “Additional Lenders”) as Lenders from and after the Effective Date upon the effectiveness of this Amendment and, solely for purposes of Section 4 hereof, the
