Export-Import Bank of the United States Working Capital Guarantee Program Borrower AgreementBorrower Agreement • June 8th, 2012 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies
ContractPromissory Note • June 8th, 2012 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • Connecticut
Promise to Pay. For value received, at the times set forth in the Loan Agreement described herein, FuelCell Energy, Inc. (the "Borrower") promises to pay to JPMorgan Chase Bank, N.A. (the "Bank") or order, in lawful money of the United States of America, the sum of Five Million and 00/100 Dollars ($5,000,000.00) or so much thereof as may be advanced and outstanding as a "Disbursement" under the Loan Agreement, plus interest on the unpaid principal balance hereof outstanding from time to time at the rate and times set forth in the Loan Agreement.
EXPORT LOAN AGREEMENTExport Loan Agreement • June 8th, 2012 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS EXPORT LOAN AGREEMENT between JPMorgan Chase Bank, N.A. and FuelCell Energy, Inc., a corporation organized and existing under the laws of Delaware (“Borrower”), is made and executed as of April 3, 2012. This Agreement governs the Credit Accommodations described herein. Borrower understands and agrees that: (a) in granting, issuing, renewing, or extending such Credit Accommodations, Lender is relying upon Borrower's representations, warranties, and agreements set forth in this Agreement and the other Financing Documents; and (b) such Credit Accommodations shall be and remain subject to the following terms and conditions of this Agreement until all Borrower's Obligations hereunder have been paid and performed in full.
