0001558370-24-000067 Sample Contracts

AMENDMENT NO. 2 TO FINANCING AGREEMENT
Financing Agreement • January 4th, 2024 • Fuelcell Energy Inc • Electrical industrial apparatus

AMENDMENT NO. 2 TO FINANCING AGREEMENT (this “Agreement”), dated as of January 2, 2024, among (a) INVESTEC BANK PLC (“Investec”), as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”) and a Lender, (b) LIBERTY BANK, as a Lender, (c) BANK OF MONTREAL, as a Lender, (d) AMALGAMATED BANK, as a Lender, (e) CONNECTICUT GREEN BANK, as a Lender and (f) FUELCELL ENERGY OPCO FINANCE 1, LLC, a Delaware limited liability company (the “Borrower”). Capitalized terms used and not otherwise defined herein shall have the respective meaning given such terms in the Financing Agreement (as defined below).

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