DEPOSITARY AGREEMENT Dated as of May 19, 2023 by and among FUELCELL ENERGY OPCO FINANCE 1, LLC, as Borrower, INVESTEC BANK PLC, as Collateral Agent, INVESTEC BANK PLC, as Administrative Agent, and LIBERTY bank, as Depositary Agent T A B L E O F C O N...Depositary Agreement • May 25th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus • New York
This DEPOSITARY AGREEMENT, dated as of May 19, 2023, (as may be amended, supplemented, amended and restated or otherwise modified from time to time, this “Agreement”), is entered into among FuelCell Energy Opco Finance 1, LLC, a Delaware limited liability company (the “Borrower”), INVESTEC BANK PLC, as collateral agent for the Secured Parties (in such capacity, together with any successor collateral agent thereto, the “Collateral Agent”), and as administrative agent under the Financing Agreement (in such capacity, together with any successor administrative agent thereto, the “Administrative Agent”), and LIBERTY bank, as depositary agent, bank and securities intermediary (in such capacity, together with any successor depositary agent, bank and securities intermediary thereto, the “Depositary Agent”) for the Secured Parties.
ISDA®Fuelcell Energy Inc • May 25th, 2023 • Electrical industrial apparatus • New York
FINANCING AGREEMENT among FUELCELL ENERGY OPCO FINANCE 1, LLC, a Delaware limited liability company, as Borrower THE LENDERS PARTY HERETO THE LC ISSUING BANKS PARTY HERETO INVESTEC BANK PLC, as Administrative Agent and INVESTEC BANK PLC, as Collateral...Financing Agreement • May 25th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus • New York
This FINANCING AGREEMENT (this “Agreement”) is dated as of May 19, 2023, among FuelCell Energy Opco Finance 1, LLC, a Delaware limited liability company (“Borrower”), the lenders from time to time party hereto (collectively, the “Lenders”), the issuing banks from time to time party hereto (collectively, the “LC Issuing Banks”), and Investec Bank plc, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Administrative Agent”) and as collateral agent for the Secured Parties (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”).
ISDA® International Swaps and Derivatives Association, Inc. SCHEDULE to theFuelcell Energy Inc • May 25th, 2023 • Electrical industrial apparatus • New York
OMNIBUS GUARANTEE, PLEDGE AND SECURITY AGREEMENT made by FUELCELL ENERGY FINANCE, LLC, as Pledgor, FUELCELL ENERGY OPCO FINANCE 1, LLC, as Borrower and BRIDGEPORT FUEL CELL, LLC, GROTON FUEL CELL 1, LLC, RIVERSIDE FUEL CELL, LLC, SRJFC, LLC, FUELCELL...Omnibus Guarantee, Pledge and Security Agreement • May 25th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus • New York
OMNIBUS GUARANTEE, PLEDGE AND SECURITY AGREEMENT, dated as of May 19, 2023, made by FUELCELL ENERGY FINANCE, LLC, a Delaware limited partnership (“Pledgor”), FUELCELL ENERGY OPCO FINANCE 1, LLC, a Delaware limited liability company (the “Borrower”), BRIDGEPORT FUEL CELL, LLC, a Virginia limited liability company (“Bridgeport Project Company”), GROTON FUEL CELL 1, LLC, a Connecticut limited liability company (“Pfizer Project Company”), RIVERSIDE FUEL CELL, LLC, a Delaware limited liability company (“Riverside Project Company”), SRJFC, LLC, a Delaware limited liability company (“Santa Rita Project Company”), New Britain Renewable Energy, LLC (“Central Project Company”) FUELCELL YT HOLDCO, LLC, a Delaware limited liability company (“Yaphank”, and together with Bridgeport Project Company, Pfizer Project Copmany, Riverside Project Company, Santa Rita Project Company and Central Project Company, each a “Subsidiary Grantor”, and together with Pledgor and Borrower, the “Grantors”), in favor of
