AMENDMENT NO. 2 TO AMENDED & RESTATED LOAN AGREEMENT (G&I) AND AMENDMENT NO. 1 TO AMENDED & RESTATED INTERCREDITOR AGREEMENTLoan Agreement • December 24th, 2014 • Hannon Armstrong Sustainable Infrastructure Capital, Inc. • Real estate investment trusts • New York
THIS AMENDMENT NO. 2 TO AMENDED & RESTATED LOAN AGREEMENT (G&I) AND AMENDMENT NO. 1 TO AMENDED & RESTATED INTERCREDITOR AGREEMENT (this “Second Amendment”), dated as of December 22, 2014, is by and among (i) HASI CF I Borrower LLC, a Delaware limited liability company (“Borrower HASI”), HAT CF I Borrower LLC, a Delaware limited liability company (“Borrower HAT I”) and HAT CF II Borrower LLC, a Delaware limited liability company (“Borrower HAT II”, and together with Borrower HASI and Borrower HAT I, the “Borrowers”), (ii) Bank of America, N.A., in its capacity as lender under the A&R Loan Agreement (as defined below) (in such capacity, the “Lender”), (iii) Bank of America, N.A., in its capacity as administrative agent under the A&R Loan Agreement (in such capacity, the “Administrative Agent”) and (iv) for purposes of Sections 3 and 4 only, Bank of America, N.A., in its capacity as administrative agent under the Other Loan Agreement (in such capacity, the “Other Administrative Agent”).
AMENDMENT NO. 1 AND REAFFIRMATION OF GUARANTYAmendment No. 1 and Reaffirmation of Guaranty • December 24th, 2014 • Hannon Armstrong Sustainable Infrastructure Capital, Inc. • Real estate investment trusts
THIS AMENDMENT NO. 1 AND REAFFIRMATION OF GUARANTY (this “Agreement”), made as of December 22, 2014, by (i) Hannon Armstrong Sustainable Infrastructure Capital, Inc. (“HA INC”), a Maryland corporation, (ii) Hannon Armstrong Sustainable Infrastructure, LP (“HA LP”), a Delaware limited partnership, (iii) Hannon Armstrong Capital, LLC (“HA LLC”), a Maryland limited liability company, (iv) HAT Holdings I, LLC (“HAT Holdings I”), a Maryland limited liability company, (v) HAT Holdings II, LLC (“HAT Holdings II”), a Maryland limited liability company (each of HA INC, HA LP, HA LLC, HAT Holdings I and HAT Holdings II, a “Guarantor” and together, the “Guarantors”), for the benefit of the Secured Parties, (vi) Bank of America, N.A., in its capacity as administrative agent under the A&R Loan Agreement (as defined below)(in such capacity, the “Administrative Agent”) and (vii) for purposes of Section 2 only, Bank of America, N.A., in its capacity as administrative agent under the Other Loan Facilit
