NINTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 12th, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies
THIS NINTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated this 11th day of June, 2019 (the “Ninth Amendment Effective Date”), by and among FUELCELL ENERGY, INC. (“FuelCell”) and each of its Qualified Subsidiaries, including VERSA POWER SYSTEMS, INC. and VERSA POWER SYSTEMS LTD. (collectively, the “Borrower”), the several banks and other financial institutions or entities a party to this Amendment (collectively, “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and Lender (in such capacity “Agent”). Capitalized terms used herein without definition shall have the meanings given to them in the Loan Agreement (as defined below).
LICENSE AGREEMENTLicense Agreement • June 12th, 2019 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
ExxonMobil Research and Engineering Company (“EMRE”), a Delaware corporation, having offices at 1545 Route 22 East, Annandale, New Jersey 08801, and
