CONTROL AGREEMENTControl Agreement • November 12th, 2015 • FS Energy & Power Fund • New York
This Control Agreement (this “Agreement”), dated November 6, 2015 is by and among Foxfields Funding LLC (the “Borrower”), Fortress Credit Co LLC, as administrative agent for the Lenders (as defined below) and certain other secured parties (in such capacity, including any successor in such capacity, the “Agent”), and State Street Bank and Trust Company, a Massachusetts trust company (“Custodian”).
INVESTMENT MANAGEMENT AGREEMENT dated as of November 6, 2015 BY AND BETWEEN FOXFIELDS FUNDING LLC, a Delaware limited liability company AND FS ENERGY AND POWER FUND a Delaware statutory trustInvestment Management Agreement • November 12th, 2015 • FS Energy & Power Fund • New York
This Investment Management Agreement (the “Agreement”), dated as of November 6, 2015 is made by and between FOXFIELDS FUNDING LLC (the “Company”), a Delaware limited liability company, and FS ENERGY AND POWER FUND (the “Investment Manager”), a Delaware statutory trust. Unless otherwise specified, capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Limited Liability Company Agreement of the Company dated as of the date hereof (as the same may be amended from time to time, the “Operating Agreement”), or if not defined therein, shall have the meanings given to them in the Term Loan and Security Agreement, dated as of the date hereof, by and among the Company, the other loan parties signatory thereto from time to time, the lenders from time to time party thereto and Fortress Credit Co LLC, as administrative agent (as the same may be amended from to time, the “Loan Agreement”).
GUARANTYFS Energy & Power Fund • November 12th, 2015 • New York
This GUARANTY, dated as of November 6, 2015 (this “Guaranty”), is made and entered into by and between FS ENERGY AND POWER FUND, a Delaware statutory trust (“Guarantor”), and FORTRESS CREDIT CO LLC (“Fortress”), in its capacity as Administrative Agent (in such capacity, “Administrative Agent”) for itself and as representative of lenders party to the Loan Agreement referred to below (collectively, the “Lenders”).
CONTRIBUTION AGREEMENTContribution Agreement • November 12th, 2015 • FS Energy & Power Fund • Delaware
CONTRIBUTION AGREEMENT, dated as of November 6, 2015 (this “Agreement”), by and between FS Energy and Power Fund, a Delaware statutory trust (“FSEP”), and Foxfields Funding LLC, a Delaware limited liability company (“Foxfields”).
PLEDGE AGREEMENTPledge Agreement • November 12th, 2015 • FS Energy & Power Fund • New York
This PLEDGE AGREEMENT, dated as of November 6, 2015 (together with all amendments, modifications, restatements or supplements, if any, from time to time hereto, this “Agreement”) is made and entered into by and between FS ENERGY AND POWER FUND, a Delaware statutory trust (“FSEP” or the “Pledgor”), and FORTRESS CREDIT CO LLC, in its capacity as Administrative Agent for Lenders (“Administrative Agent”).
TERM LOAN AND SECURITY AGREEMENT dated as of November 6, 2015 among FOXFIELDS FUNDING LLC, as the Company, THE OTHER LOAN PARTIES SIGNATORY HERETO FROM TIME TO TIME, VARIOUS LENDERS, and FORTRESS CREDIT CO LLC, as the Administrative Agent....Term Loan and Security Agreement • November 12th, 2015 • FS Energy & Power Fund • New York
This TERM LOAN AND SECURITY AGREEMENT is entered into as of November 6, 2015, by and among FOXFIELDS FUNDING LLC, a Delaware limited liability company (the “Company”), any other Loan Parties (as hereinafter defined) who become party hereto from time to time, THE LENDERS FROM TIME TO TIME PARTY HERETO and FORTRESS CREDIT CO LLC, as the Administrative Agent (as hereinafter defined).
