0001104659-18-053211 Sample Contracts

SENIOR SECURED CREDIT AGREEMENT dated as of August 16, 2018 Among FS ENERGY AND POWER FUND The LENDERS Party Hereto and JPMORGAN CHASE BANK, N.A. as Administrative Agent and Collateral Agent
Senior Secured Credit Agreement • August 22nd, 2018 • FS Energy & Power Fund • New York

SENIOR SECURED CREDIT AGREEMENT dated as of August 16, 2018 (this “Agreement”), between FS ENERGY AND POWER FUND, the LENDERS and CONDUIT SUPPORT PROVIDERS party hereto, JPMORGAN CHASE BANK, N.A. as Administrative Agent and Collateral Agent and SOCIÉTÉ GÉNÉRALE as Co-Collateral Agent.

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GUARANTEE AND SECURITY AGREEMENT made by FS ENERGY AND POWER FUND and certain of its Subsidiaries in favor of JPMORGAN CHASE BANK, N.A., as Collateral Agent dated as of August 16, 2018
Guarantee and Security Agreement • August 22nd, 2018 • FS Energy & Power Fund • New York

GUARANTEE AND SECURITY AGREEMENT, dated as of August 16, 2018 (the “Effective Date”), made by FS ENERGY AND POWER FUND, a Delaware statutory trust (the “Company”), each of BERWYN FUNDING LLC, a Delaware limited liability company, BRYN MAWR FUNDING LLC, a Delaware limited liability company, FOXWOODS FUNDING LLC, a Delaware limited liability company, FSEP TERM FUNDING, LLC, a Delaware limited liability company, EP AMERICAN ENERGY INVESTMENTS, INC., a Delaware corporation, EP ALTUS INVESTMENTS, LLC, a Delaware limited liability company, EP BURNETT INVESTMENTS, INC., a Delaware corporation, EP SYNERGY INVESTMENTS, INC., a Delaware corporation, FS ENERGY INVESTMENTS, LLC, a Delaware limited liability company, FSEP INVESTMENTS, INC., a Delaware corporation, FSEP-BBH, INC., a Delaware corporation and each other subsidiary that becomes a party to this Agreement after the Effective Date (collectively, the “Subsidiary Guarantors”; together with the Company, the “Grantors”), in favor of JPMorgan

COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT dated as of August 16, 2018 among FS ENERGY AND POWER FUND, CERTAIN OF ITS SUBSIDIARIES PARTIES HERETO, JPMORGAN CHASE BANK, N.A., as the initial Credit Facility Representative U.S. BANK NATIONAL...
Collateral Agency and Intercreditor Agreement • August 22nd, 2018 • FS Energy & Power Fund • New York

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of August 16, 2018 (this “Agreement”), among FS ENERGY AND POWER FUND, a Delaware statutory trust (the “Company”), the subsidiaries of the Company from time to time parties hereto (the “Subsidiary Guarantors”, and together with the Company, the “Grantors”), JPMorgan Chase Bank, N.A., as the initial Credit Facility Representative, U.S. Bank National Association, as the initial Secured Notes Representative, and JPMorgan Chase Bank, N.A., as Collateral Agent.

INDENTURE dated as of August 16, 2018 among FS ENERGY AND POWER FUND, as Company the Guarantors named herein and U.S. Bank National Association, as Trustee 7.500% Senior Secured Notes due 2023
Supplemental Indenture • August 22nd, 2018 • FS Energy & Power Fund • New York

INDENTURE dated as of August 16, 2018 (this “Indenture”) among FS ENERGY AND POWER FUND (the “Company”), the Guarantors named herein and U.S. BANK NATIONAL ASSOCIATION, as Trustee (the “Trustee”).

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