ContractSecurity Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus • Connecticut
THIS AGREEMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AGREEMENT DATED AS OF THE DATE HEREOF BY AND AMONG CONNECTICUT GREEN BANK, A QUASI-PUBLIC AGENCY OF THE STATE OF CONNECTICUT, IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF SUBORDINATED LENDERS, AND LIBERTY BANK, A MUTUAL SAVINGS BANK, IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF SENIOR LENDERS (AS THE SAME MAY BE AMENDED, RESTATED, AMENDED AND RESTATED, MODIFIED OR SUPPLEMENTED FROM TIME TO TIME, THE “SUBORDINATION AGREEMENT”).
CREDIT AGREEMENT Dated as of August 18, 2023 among FUELCELL ENERGY FINANCE HOLDCO, LLC as Borrower, LIBERTY BANK, as Administrative Agent and Lead Arranger and THE LENDERS PARTY HERETOCredit Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus • Connecticut
This CREDIT AGREEMENT is entered into as of August 18, 2023, among FUELCELL ENERGY FINANCE HOLDCO, LLC, a Delaware limited liability company (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and LIBERTY BANK, a mutual savings bank, as Administrative Agent and Lead Arranger.
LIMITED GUARANTY AND SUBORDINATION AGREEMENTLimited Guaranty and Subordination Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus
THIS LIMITED GUARANTY AND SUBORDINATION AGREEMENT (as amended, restated, amended and restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”) is dated as of the 18th day of August, 2023 and made by FUELCELL ENERGY, INC., a Delaware corporation with a principal place of business at 3 Great Pasture Road, Danbury, Connecticut 06810 (“Guarantor”), for the benefit of LIBERTY BANK, a mutual savings bank, having an address at 315 Main Street, Middletown, Connecticut 06457, in its capacity as administrative agent for itself and the Secured Parties (in such capacity, the “Administrative Agent”).
ContractPledge and Security Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus • Connecticut
THIS AGREEMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AGREEMENT DATED AS OF THE DATE HEREOF BY AND AMONG CONNECTICUT GREEN BANK, A QUASI-PUBLIC AGENCY OF THE STATE OF CONNECTICUT, IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF SUBORDINATED LENDERS, AND LIBERTY BANK, A MUTUAL SAVINGS BANK, IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF SENIOR LENDERS (AS THE SAME MAY BE AMENDED, RESTATED, AMENDED AND RESTATED, MODIFIED OR SUPPLEMENTED FROM TIME TO TIME, THE “SUBORDINATION AGREEMENT”).
DEPOSIT ACCOUNT SECURITY AND PLEDGE AGREEMENT Deposit Account Security and Pledge Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus
This Deposit Account Security and Pledge Agreement (this “Agreement”) is made as of August 18, 2023, by FUELCELL ENERGY FINANCE HOLDCO, LLC, a Delaware limited liability company with an office at c/o Fuel Cell Energy, 3 Great Pasture Road, Danbury, Connecticut 06810 (“Borrower”), GROTON STATION FUEL CELL, LLC, a Connecticut limited liability company with an office at c/o Fuel Cell Energy, 3 Great Pasture Road, Danbury, Connecticut 06810 (“Project Company” and together with Borrower, collectively, “Grantor”) and LIBERTY BANK, a mutual savings bank with an office at 315 Main Street, Middletown, Connecticut 06457 (“Liberty”), in its capacity as administrative agent for itself and the other Secured Parties (hereinafter referred to in such capacity as the “Administrative Agent”).
SUBORDINATION AGREEMENTSubordination Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus
THIS SUBORDINATION AGREEMENT made as of August 18, 2023 (this “Agreement”), by and between CONNECTICUT GREEN BANK, a quasi-public agency of the State of Connecticut, having an address at 75 Charter Oak Avenue, Hartford, Connecticut 06106, in its capacity as subordinated lender (“Subordinated Lender” and in its capacity as administrative agent for itself and other secured parties as it relates to the Subordinated Loan, the “Subordinated Agent”), LIBERTY BANK, a mutual savings bank, having an address at 315 Main Street, Middletown, Connecticut 06457, in its capacity as administrative agent for itself and the other secured parties (in such capacity as it relates to the Senior Loan (as defined below), “Senior Agent”, and the SENIOR LENDERS (defined herein).
ContractDeposit Account Security and Pledge Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus
THIS AGREEMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AGREEMENT DATED AS OF THE DATE HEREOF BY AND AMONG CONNECTICUT GREEN BANK, A QUASI-PUBLIC AGENCY OF THE STATE OF CONNECTICUT, IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF SUBORDINATED LENDERS, AND LIBERTY BANK, A MUTUAL SAVINGS BANK, IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF SENIOR LENDERS (AS THE SAME MAY BE AMENDED, RESTATED, AMENDED AND RESTATED, MODIFIED OR SUPPLEMENTED FROM TIME TO TIME, THE “SUBORDINATION AGREEMENT”).
INTERPARTY AGREEMENT among EAST WEST BANK, (Investor and the Class A Member), FUELCELL ENERGY FINANCE HOLDCO, LLC, a Delaware limited liability company (Borrower and the Class B Member), AMALGAMATED BANK, a New York Banking corporation (Amalgamated...Interparty Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus • New York
This INTERPARTY AGREEMENT (this “Agreement”), dated as of August 18, 2023, is entered into by and among EAST WEST BANK (the “Investor” and the “Class A Member”), Fuelcell energy finance holdco, LLC, a Delaware limited liability company (“Borrower” and the “Class B Member”), AMALGAMATED BANK, a New York banking corporation (“Amalgamated Bank”), LIBERTY BANK, a mutual savings bank, together with its permitted successors and assigns (“Liberty Bank” or “Administrative Agent”, and, together with Amalgamated Bank, the “Senior Lenders” or each individually a “Senior Lender”) and CONNECTICUT GREEN BANK (in its capacity as lender, “CGB” or “Subordinated Lender” or, in its capacity as the administrative agent on the Subordinated Back Leverage Financing (as defined below), the “Subordinated Agent”).
