EVERGREEN SOLAR, INC. as Issuer the Guarantors from time to time party hereto AND U.S. Bank National Association as Trustee INDENTURE Dated as of April 26, 2010 13% Convertible Senior Secured Notes due 2015Supplemental Indenture • April 27th, 2010 • Evergreen Solar Inc • Semiconductors & related devices • New York
INDENTURE, dated as of April 26, 2010, among Evergreen Solar, Inc., a Delaware corporation, as Issuer (the “Company”), the guarantors from time to time party hereto (each, a “Guarantor”), and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).
COLLATERAL TRUST AGREEMENT Dated as of April 26, 2010 by and among EVERGREEN SOLAR, INC. THE GUARANTOR SUBSIDIARIES party hereto andCollateral Trust Agreement • April 27th, 2010 • Evergreen Solar Inc • Semiconductors & related devices • New York
COLLATERAL TRUST AGREEMENT (this “Agreement”) dated as of April 26, 2010, by and among Evergreen Solar, Inc., a Delaware corporation (“Company”), the subsidiaries of Company listed in the signature pages hereto (the “Guarantor Subsidiaries”), the Additional Trustors (as defined in Section 5.7) (and together with Company and the Guarantor Subsidiaries, the “Trustors”), and U.S. Bank National Association (together with its agents, successors and assigns, the “Collateral Agent”), as collateral agent hereunder for the holders of the Secured Obligations, and U.S. Bank National Association (together with its agents, successors and assigns, the “Trustee”), as Trustee under the Indenture. Capitalized terms not otherwise defined shall have the meanings set forth in Section 1 below.
PLEDGE AND SECURITY AGREEMENT dated as of April 26, 2010 among EVERGREEN SOLAR, INC., EACH OF THE OTHER GRANTORS PARTY HERETO and as Collateral AgentPledge and Security Agreement • April 27th, 2010 • Evergreen Solar Inc • Semiconductors & related devices • New York
This PLEDGE AND SECURITY AGREEMENT, dated as of April 26, 2010 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among EVERGREEN SOLAR, INC., a Delaware corporation (the “Company”), EACH OF THE UNDERSIGNED SUBSIDIARIES OF THE COMPANY, whether as an original signatory hereto or as an Additional Grantor (as herein defined) (together with the Company, each, a “Grantor”), and U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Secured Parties (as herein defined) (in such capacity, together with its agents, successors and assigns, the “Collateral Agent”).
