EXECUTION VERSIONAccount Agreement • December 17th, 2013 • FS Energy & Power Fund • New York
This U.S. PB Agreement (including all terms, schedules, supplements and exhibits attached hereto, this “Agreement”) is entered into between the customer specified below (“Customer”) and BNP Paribas Prime Brokerage, Inc. (“BNPP PB, Inc.”) on behalf of itself and as agent for the BNPP Entities (as defined in the Account Agreement attached as Exhibit A hereto). The Agreement sets forth the terms and conditions on which BNPP PB, Inc. will transact business with Customer. Customer and BNPP PB, Inc., on behalf of itself and as agent for the BNPP Entities, have also entered into the Account Agreement.
SPECIAL CUSTODY AND PLEDGE AGREEMENTSpecial Custody and Pledge Agreement • December 17th, 2013 • FS Energy & Power Fund • New York
AGREEMENT (hereinafter “Agreement”), dated as of December 11, 2013, among State Street Bank and Trust Company, a Massachusetts trust company, in its capacity as custodian hereunder (“Custodian”), Berwyn Funding LLC (the “Fund”), and BNP Paribas Prime Brokerage, Inc. (the “Counterparty”).
BERWYN FUNDING LLC, as Company and FS ENERGY AND POWER FUND, as Investment Manager INVESTMENT MANAGEMENT AGREEMENT Dated as of December 11, 2013Investment Management Agreement • December 17th, 2013 • FS Energy & Power Fund • New York
INVESTMENT MANAGEMENT AGREEMENT, dated as of December 11, 2013 (this “Agreement”), between BERWYN FUNDING LLC, a Delaware limited liability company (the “Company”), and FS ENERGY AND POWER FUND, a Delaware statutory trust, as investment manager (in such capacity, the “Investment Manager”).
Committed Facility AgreementCommitted Facility Agreement • December 17th, 2013 • FS Energy & Power Fund • New York
BNP PARIBAS PRIME BROKERAGE, INC., ON BEHALF OF ITSELF AND AS AGENT FOR THE BNPP ENTITIES (“BNPP PB, Inc.”) and the counterparty specified on the signature page hereto (“Customer”), hereby enter into this Committed Facility Agreement (this “Agreement”), dated as of the date specified on the signature page hereto.
