TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 25th, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies
Contract Type FiledJuly 25th, 2019 Company IndustryTHIS TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated this 24th day of July, 2019 (the “Tenth Amendment Effective Date”), by and among FUELCELL ENERGY, INC. (“FuelCell”) and each of its Qualified Subsidiaries, including VERSA POWER SYSTEMS, INC. and VERSA POWER SYSTEMS LTD. (collectively, the “Borrower”), the several banks and other financial institutions or entities a party to this Amendment (collectively, “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and Lender (in such capacity “Agent”). Capitalized terms used herein without definition shall have the meanings given to them in the Loan Agreement (as defined below).