Common Contracts
4 similar Financing Agreement contracts by SB Energy, Inc., SE Global Holdings, LLC
AMENDED AND RESTATED FINANCING AGREEMENT Dated as of November 16, 2020 by and among SE TITAN, LLC, a Delaware limited liability company, as Borrower, MUFG BANK, LTD., as Administrative Agent, MUFG UNION BANK, N.A., as the Sole and Exclusive...Financing Agreement • September 1st, 2026 • SB Energy, Inc. • Electric services • New York
Page ARTICLE 1 CONSTRUCTION LOAN FACILITY 2 1.1 Construction Loan Facility 2 1.2 Total Construction Loan Commitments 6 1.3 Borrowings with Respect to Capitalized Fees and Interest 6 ARTICLE 2 GENERAL PROVISIONS RELATING TO CONSTRUCTION LOANS AND LETTERS OF CREDIT 7 2.1 Prepayments 7 2.2 Letters of Credit; LC Loans 8 2.3 LC Loan Interest 11 2.4 LC Loan Promissory Notes 13 2.5 Return of Letters of Credit 13 2.6 Fees 13 2.7 Other Payment Terms 14 2.8 Pro Rata Treatment 20 2.9 Change of Circumstances 21 2.10 Funding Losses 25 2.11 Alternate Office; Minimization of Costs 25 2.12 Security for the Construction Loan and LC Loan Obligations 25 2.13 Acknowledgement and Consent to Bail-In of Affected Financial Institutions 26 ARTICLE 3 CONDITIONS PRECEDENT 27 3.1 Conditions Precedent to the Restatement Effective Date 27 3.2 Conditions Precedent to Construction Loans 35 3.3 Conditions Precedent to Issuance or Amendment of any Letter of Credit 39 3.4 No Approval of Work 39 ARTICLE 4 REPRESENTATIONS
FINANCING AGREEMENT Dated as of November 16, 2020 by and among SE ARAGORN, LLC,Financing Agreement • September 1st, 2026 • SB Energy, Inc. • Electric services • New York
This Closing Certificate is being delivered to Administrative Agent pursuant to Section 3.1(n) of the Financing Agreement, dated as of November 16, 2020 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Financing Agreement”), by and among SE Aragorn, LLC, a Delaware limited liability company (“Borrower”), the financial institutions from time to time party thereto as lenders, MUFG Bank, Ltd., in its separate capacities as the administrative agent for the Lenders (the “Administrative Agent”) and the sole and exclusive coordinating lead arranger, Deutsche Bank Trust Company Americas, as the collateral agent for the Secured Parties (as defined therein), CoBank, ACB, as the issuing bank, and the other agents and Persons from time to time party thereto. All capitalized terms used but not defined herein shall have the meanings given to them in Exhibit A to the Financing Agreement.
AMENDED AND RESTATED FINANCING AGREEMENT Dated as of November 16, 2020 by and among SE TITAN, LLC, a Delaware limited liability company, as Borrower, MUFG BANK, LTD., as Administrative Agent, MUFG UNION BANK, N.A., as the Sole and Exclusive...Financing Agreement • July 22nd, 2026 • SE Global Holdings, LLC • Electric services • New York
Page ARTICLE 1 CONSTRUCTION LOAN FACILITY 2 1.1 Construction Loan Facility 2 1.2 Total Construction Loan Commitments 6 1.3 Borrowings with Respect to Capitalized Fees and Interest 6 ARTICLE 2 GENERAL PROVISIONS RELATING TO CONSTRUCTION LOANS AND LETTERS OF CREDIT 7 2.1 Prepayments 7 2.2 Letters of Credit; LC Loans 8 2.3 LC Loan Interest 11 2.4 LC Loan Promissory Notes 13 2.5 Return of Letters of Credit 13 2.6 Fees 13 2.7 Other Payment Terms 14 2.8 Pro Rata Treatment 20 2.9 Change of Circumstances 21 2.10 Funding Losses 25 2.11 Alternate Office; Minimization of Costs 25 2.12 Security for the Construction Loan and LC Loan Obligations 25 2.13 Acknowledgement and Consent to Bail-In of Affected Financial Institutions 26 ARTICLE 3 CONDITIONS PRECEDENT 27 3.1 Conditions Precedent to the Restatement Effective Date 27 3.2 Conditions Precedent to Construction Loans 35 3.3 Conditions Precedent to Issuance or Amendment of any Letter of Credit 39 3.4 No Approval of Work 39 ARTICLE 4 REPRESENTATIONS
FINANCING AGREEMENT Dated as of November 16, 2020 by and among SE ARAGORN, LLC,Financing Agreement • July 22nd, 2026 • SE Global Holdings, LLC • Electric services • New York
This Closing Certificate is being delivered to Administrative Agent pursuant to Section 3.1(n) of the Financing Agreement, dated as of November 16, 2020 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Financing Agreement”), by and among SE Aragorn, LLC, a Delaware limited liability company (“Borrower”), the financial institutions from time to time party thereto as lenders, MUFG Bank, Ltd., in its separate capacities as the administrative agent for the Lenders (the “Administrative Agent”) and the sole and exclusive coordinating lead arranger, Deutsche Bank Trust Company Americas, as the collateral agent for the Secured Parties (as defined therein), CoBank, ACB, as the issuing bank, and the other agents and Persons from time to time party thereto. All capitalized terms used but not defined herein shall have the meanings given to them in Exhibit A to the Financing Agreement.