PLEDGED ACCOUNT AGREEMENTPledged Account Agreement • March 3rd, 2016 • Clean Energy Fuels Corp. • Gas & other services combined • Texas
This Agreement is made as of this 29th day of February, 2016 among PlainsCapital Bank - Wealth Management and Trust, a Department of PlainsCapital Bank (the “Trust Department”), PlainsCapital Bank (the “Bank”), and Clean Energy, a California corporation (the “Client”).
PROMISSORY NOTELoan and Security Agreement • March 3rd, 2016 • Clean Energy Fuels Corp. • Gas & other services combined • Texas
FOR VALUE RECEIVED, CLEAN ENERGY FUELS CORP., a Delaware corporation (“CEFC”), and CLEAN ENERGY, a California corporation (“CE,” and together with CEFC, individually and collectively, “Debtor”), jointly and severally and unconditionally promises to pay to the order of PLAINSCAPITAL BANK, a Texas state bank (together with its successors and assigns, “Lender”), without setoff, at its offices at 2911 Turtle Creek Boulevard, Suite 1300, Dallas (Dallas County), TX 75219, or at such other place as may be designated by Lender, the principal amount of FIFTY MILLION AND NO/100 DOLLARS ($50,000,000.00), or so much thereof as may be advanced from time to time in immediately available funds, together with interest computed daily on the outstanding principal balance hereunder, at an annual interest rate (the “Rate”), and in accordance with the payment schedule indicated below. This PROMISSORY NOTE (this “Note”) is executed pursuant to and evidences a Loan funded and to be funded by Lender under tha
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 3rd, 2016 • Clean Energy Fuels Corp. • Gas & other services combined
THIS LOAN AND SECURITY AGREEMENT (as amended, modified or restated from time to time, this “Agreement”) dated as of FEBRUARY 29, 2016 (the “Effective Date”), is between PLAINSCAPITAL BANK, a Texas state bank (together with its successors and assigns, “Lender”), CLEAN ENERGY FUELS CORP., a Delaware corporation (“CEFC”), and CLEAN ENERGY, a California corporation (“CE,” and together with CEFC, individually and collectively, “Debtor”).
