SIXTH AMENDMENT TO LOAN AGREEMENTLoan Agreement • August 13th, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This SIXTH AMENDMENT TO LOAN AGREEMENT (this “Amendment”), dated as of August 8, 2019, is made by and among FUELCELL ENERGY FINANCE, LLC, a Connecticut limited liability company having its principal office located at 3 Great Pasture Road, Danbury, Connecticut 06810 (hereinafter referred to as “Parent”), CENTRAL CA FUEL CELL 2, LLC, a Delaware limited liability company (hereinafter referred to as “Co-Borrower”, and, together with Parent, the “Credit Parties”), and NRG ENERGY, INC., a Delaware corporation having an office address located at 804 Carnegie Center Drive, Princeton, New Jersey 08540, its permitted successors and/or assigns (hereinafter referred to as “Lender”). Each capitalized term used and not otherwise defined herein shall have the meaning assigned thereto in Article I of the Loan Agreement (as defined below).
SECOND AMENDMENT TO RIGHT TO FINANCE AGREEMENTRight to Finance Agreement • August 13th, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS SECOND AMENDMENT TO RIGHT TO FINANCE AGREEMENT (this "Amendment") is dated as of August 13, 2019 (the "Effective Date"), by and among FUELCELL ENERGY, INC., a Delaware corporation (the "Parent"), FUELCELL ENERGY FINANCE II, LLC, a Connecticut limited liability company, a wholly-owned subsidiary of the Parent (the "Borrower") ,and GENERATE LENDING, LLC, a Delaware limited liability company (the "Lender").
SECOND AMENDMENT TO CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • August 13th, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS SECOND AMENDMENT TO CONSTRUCTION LOAN AGREEMENT (this “Amendment”) is dated as of August 13, 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”).
AMENDMENT NO. 1 TO CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • August 13th, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies
This AMENDMENT NO. 1 TO CONSTRUCTION LOAN AGREEMENT (this “First Amendment”) is made and entered into, effective for all purposes and in all respects, as of August 13, 2019, by and between GROTON STATION FUEL CELL, LLC, a Connecticut limited liability company (the “Borrower”) and FIFTH THIRD BANK, an Ohio banking corporation (the “Lender” and, together with the Borrower, the “Parties”).
