FIRST MODIFICATION TO CREDIT AGREEMENT WITH MODIFICATIONS TO THE CASH COLLATERAL ACCOUNT AGREEMENTCredit Agreement • November 14th, 2008 • Renegy Holdings, Inc. • Engines & turbines • Arizona
THIS FIRST MODIFICATION AGREEMENT (this “Agreement”) is entered into as of November 14, 2008 by and between COMERICA BANK, a Texas banking corporation (“Lender”), and RENEGY HOLDINGS, INC., a Delaware corporation (the “Borrower”). Robert Merrill Worsley (“RMW”), Christi Marie Worsley (“CMW”), The Robert Merrill Worsley and Christi Marie Worsley Family Revocable Trust, dated July 28, 1998 (“Trust”), NZ Legacy, LLC, an Arizona limited liability company (“NZ Legacy”), and New Mexico & Arizona Land Company, LLC, an Arizona limited liability company (“NMAL”) (RMW, CMW, Trust, NZ Legacy and NMAL are also referred to individually and collectively as the “Guarantor” and together with Borrower the “Credit Parties") are joining in the execution and delivery of this Agreement to evidence its acknowledgment of, consent to, and agreement with, the terms and conditions of this Agreement and the representations, warranties and obligations of Guarantor under this Agreement.
