Common use of Credit Agreement; Guarantee and Collateral Agreement Clause in Contracts

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1A, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by Holdings and the Administrative AgentBorrower, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by the Borrower and each Subsidiary Guarantor,(iii) the Holdings Guarantee and Pledge Agreement, executed and delivered by Holdings and (iv) the ABL Intercreditor Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.;

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, HoldingsParent Guarantor, the Borrower and each Person listed on Schedule 1.1A and 1.1, (ii) the Guarantee and Collateral Agreement, executed and delivered by HoldingsParent Guarantor, the Borrower and each Subsidiary Guarantorother Guarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1A, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower Borrowers and each Person listed on Schedule 1.1A 1.1A, and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower MLP and each Restricted Subsidiary Guarantorthat is not an Excluded Subsidiary.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by HoldingsInvestor, the Borrower and each Subsidiary Guarantor.;

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, counterparts hereof executed and delivered by the Borrower, the Administrative Agent, Holdingsthe Collateral Agent, each Documentation Agent, the Borrower Syndication Agent and each Person listed on Schedule 1.1A other Lender and (ii) the Guarantee and Collateral Schedules to this Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Parent Borrower and each Person listed on Schedule 1.1A and (ii) a guarantee and collateral acknowledgment in the Guarantee form attached hereto as Exhibit I with respect to the guarantees and Collateral AgreementLiens created under the Loan Documents, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorLoan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower Borrowers and each Person listed on Schedule 1.1A 1.1A, and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower Parent and each Restricted Subsidiary Guarantorthat is not an Excluded Subsidiary.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1A, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) the Intercreditor Agreement, executed and delivered by each Loan Party, the Administrative Agent and the Second Lien Administrative Agent.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1A, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) the Intercreditor Agreement, executed and delivered by each Loan Party, the Administrative Agent and the First Lien Administrative Agent.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, Agreement executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1A, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower Borrowers and each Person listed on Schedule 1.1A Lender, and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower MLP and each Restricted Subsidiary Guarantorthat is not an Excluded Subsidiary.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, Intermediate Holdings and the Borrower and each Person listed on Schedule 1.1A Borrowers and (ii) executed counterparts of the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, HoldingsBorrower, the Borrower Administrative Agent and each Person listed on Schedule 1.1A identified herein as a Lender signatory hereto, and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A 1.1A, and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Restricted Subsidiary Guarantorthat is not an Excluded Subsidiary.

Credit Agreement; Guarantee and Collateral Agreement. The ---------------------------------------------------- Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A 1.1, and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorBorrower.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1A, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdingseach Loan Party and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, the Borrower executed and delivered by each Subsidiary GuarantorIssuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdingsby, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1A, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.Guarantor and (iii) an

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, HoldingsASC, the each Subsidiary Borrower and each Person listed on Schedule 1.1A 1.1D and each initial Lender, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower ASC and each Subsidiary GuarantorBorrower and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is an Excluded Subsidiary.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, Agreement executed and delivered by the Administrative Agent, Holdings, the Company and each Borrower and each Person listed on Schedule 1.1A Lender party hereto, and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower Borrowers and each Subsidiary GuarantorGuarantor and each other Loan Document executed and delivered by each Loan Party party thereto.

Credit Agreement; Guarantee and Collateral Agreement. The ---------------------------------------------------- Administrative Agent shall have received (i) this Agreement, Agreement executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by HoldingsGPI, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A 1.1, and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.SunPower North America, Inc.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, Agreement executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A 1.1(a) and duly acknowledged by each Subsidiary Guarantor and each Issuer (ii) as defined in the Guarantee and Collateral Agreement), executed and delivered by Holdingsif any, the Borrower and each Subsidiary Guarantorthat is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by Holdings and the Administrative AgentBorrower, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Reaffirmed Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdingsthe Borrower, the Co-Borrower and each Person listed on Schedule 1.1A 1.1(A) and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdingsthe Borrower, the Co-Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdingseach Borrower, the Borrower and each Person listed on Schedule 1.1A and the “Required Lenders” under and as defined in the Existing Credit Agreement and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdingsthe Administrative Agent, the Borrower Company and each Subsidiary Guarantorthe other parties party thereto.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent (or its counsel) shall have received from the Company and the Administrative Agent (i) a counterpart of this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed Agreement signed on Schedule 1.1A behalf of such party and (ii) the Guarantee and Collateral Agreement, Agreement executed and delivered by Holdings, a duly authorized officer of the Borrower Company and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, a duly authorized officer of the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, a duly authorized officer of the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdingsthe Collateral Agent, the Borrower and each Person listed on Schedule 1.1A and 1.1A, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.,

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, Agreement executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1B, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1A, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, or, in the case of the Lenders, an Addendum, executed and delivered by the Administrative each Agent, Holdings, the each Borrower and each Person listed on Schedule 1.1A and that is a Lender as of the Closing Date, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the each Borrower and each Subsidiary GuarantorGuarantor and (iii) a Subordinated Intercompany Note executed by Holdings and each of its Subsidiaries.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and Lender (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor (iii) an Acknowledgment and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent and the Required Lenders shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, Intermediate Holdings and the Borrower and each Person listed on Schedule 1.1A Borrowers and (ii) executed counterparts of the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) executed counterparts to this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A Agreement and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.. (b)

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative AgentAgent and the Borrower, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdingsthe Borrower, the Borrower Required Lenders (as defined in the Existing Credit Agreement) and each Person listed on Schedule 1.1A having a Term Commitment or a Revolving Commitment in excess of its commitment (if any) under the Existing Credit Agreement and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by Holdings and the Administrative AgentBorrower, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.Guarantor,(iii) the Holdings Guarantee and Pledge Agreement, executed and delivered by Holdings and 144

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and initial Lender, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is an Excluded Subsidiary.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent (or its counsel) shall have received (i) from each party thereto a counterpart of this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed Agreement signed on Schedule 1.1A behalf of such party and (ii) the Guarantee and Collateral Agreement, Agreement executed and delivered by Holdings, a duly authorized officer of the Borrower Company and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, HoldingsASC, the each Subsidiary Borrower and each Person listed on Schedule 1.1A 1.1D and each initial Lender, (ii) the Guarantee and Collateral Agreement, executed and delivered by HoldingsASC, the Borrower Subsidiary Borrowers and each Subsidiary GuarantorGuarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Borrower.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by Holdings and the Administrative AgentBorrower, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by the Borrower and each Subsidiary Guarantor, (iii) the Holdings Guarantee and Pledge Agreement, executed and delivered by Holdings and (iv) the ABL Intercreditor Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.;

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A 1.1 and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, Agreement executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and 1.1, (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorGuarantor and (iii) an Acknowledgement and Consent in the form attached to the Guarantee and Collateral Agreement, executed and delivered by each Issuer (as defined therein), if any, that is not a Loan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A 1.1(a), and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) a guarantee and collateral acknowledgment in the Guarantee form attached hereto as Exhibit I with respect to the guarantees and Collateral AgreementLiens created under the Loan Documents, executed and delivered by Holdings, the Borrower and each Subsidiary GuarantorLoan Party.

Credit Agreement; Guarantee and Collateral Agreement. The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A 1.1A, and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.