0001564590-19-036266 Sample Contracts

SEVENth AMENDMENT TO LOAN AGREEMENT
Loan Agreement • October 2nd, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

This SEVENTH AMENDMENT TO LOAN AGREEMENT (this “Amendment”), dated as of September 30, 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).

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THIRD AMENDMENT TO RIGHT TO FINANCE AGREEMENT
Finance Agreement • October 2nd, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

THIS THIRD AMENDMENT TO RIGHT TO FINANCE AGREEMENT (this "Amendment") is dated as of September 30, 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 LENDNG, LLC, a Delaware limited liability company (the "Lender").

September 30, 2019 FuelCell Energy, Inc.
Fuelcell Energy Inc • October 2nd, 2019 • Miscellaneous electrical machinery, equipment & supplies • California
THIRD AMENDMENT TO CONSTRUCTION LOAN AGREEMENT
Construction Loan Agreement • October 2nd, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

THIS THIRD AMENDMENT TO CONSTRUCTION LOAN AGREEMENT (this “Amendment”) is dated as of September 30, 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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