FIRST AMENDMENT TO AMENDMENT, CONSENT AND FORBEARANCE AGREEMENTConsent and Forbearance Agreement • November 1st, 2010 • Raser Technologies Inc • Electric services • New York
THIS FIRST AMENDMENT (this “Amendment”) TO AMENDMENT, CONSENT AND FORBEARANCE AGREEMENT is made and entered into on the 26th day of October, 2010 (the “Effective Date”), by and among THERMO NO. 1 BE-01, LLC, a Delaware limited liability company (the “Company”), THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, as Administrative Lender (the “Administrative Lender”), THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and ZURICH AMERICAN INSURANCE COMPANY (the “Lenders”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent (the “Administrative Agent”) and Collateral Agent (the “Collateral Agent”), and (for the limited purposes set out in Sections 4, 6, 8, 10, 11, 13 and 14 of the Forbearance Agreement, as defined below) Raser Technologies, Inc. (“Raser”).
October 27, 2010 Raser Technologies, Inc. Raser Power Systems, LLC 5152 N. Edgewood Drive, Suite 200 Provo, Utah 84604Letter Agreement • November 1st, 2010 • Raser Technologies Inc • Electric services • Utah
This letter agreement (this “Letter Agreement”) is being entered into by and among Evergreen Clean Energy, LLC, a Delaware limited liability company (“Evergreen” or “Lender”), Raser Technologies, Inc. a Delaware corporation (“Raser” or “Borrower”) and Raser Power Systems, LLC (“RPS”), a Delaware limited liability company respecting the Interests.
SECURITY AGREEMENTSecurity Agreement • November 1st, 2010 • Raser Technologies Inc • Electric services • Utah
SECURITY AGREEMENT dated as of October 28, 2010 (as amended, supplemented, or otherwise modified from time to time, this “Agreement”) is entered into by and between Raser Power Systems, LLC, a Delaware limited liability company (the “Company”) and Evergreen Clean Energy, LLC, a Delaware limited liability company (the “Lender”). Company and Lender are sometimes hereinafter collectively referred to as “Parties” and individually as a “Party”.
