0001564590-19-024539 Sample Contracts

FIRST AMENDMENT TO RIGHT TO FINANCE AGREEMENT
Right to Finance Agreement • July 3rd, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

THIS FRST AMENDMENT TO RIGHT TO FINANCE AGREEMENT (this "Amendment") is dated as of June 28, 2019 (the "Effective Date"), by and among FUELCELL ENERGY, INC., a Delaware corporation (the "Parent"), FUELCELL ENERGY FINANCE 11, LLC, a Connecticut limited liability company, a wholly-owned subsidiary of the Parent (the "Borrower") ,and GENERATE LENDNG, LLC, a Delaware limited liability company (the "Lender").

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FIRST AMENDMENT TO CONSTRUCTION LOAN AGREEMENT
Construction Loan Agreement • July 3rd, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

THIS FIRST AMENDMENT TO CONSTRUCTION LOAN AGREEMENT (this “Amendment”) is dated as of June 28, 2019, by and among FUELCELL ENERGY FINANCE II, LLC, a Connecticut limited liability company (“Borrower”), BAKERSFIELD FUEL CELL 1, LLC, a Delaware limited liability company (“Bakersfield”), BRT Fuel Cell, LLC, a New York limited liability company (“BRT”), CR FUEL CELL, LLC, a New York limited liability company (“CR”), Yaphank Fuel Cell Park, LLC, a New York limited liability company (“Yaphank”), Homestead Fuel Cell 1, LLC, a Connecticut limited liability company (“Homestead”), DERBY FUEL CELL, LLC, a Connecticut limited liability company (“Derby”, and collectively with Bakersfield, BRT, CR, Yaphank and Homestead, each, an “Initial Project Company Guarantor”, and together, the “Initial Project Company Guarantors”), and GENERATE LENDING, LLC, a Delaware limited liability company (the “Lender”).

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