SECOND AMENDMENT TO AMENDMENT, CONSENT AND FORBEARANCE AGREEMENTConsent and Forbearance Agreement • February 2nd, 2011 • Raser Technologies Inc • Electric services • New York
THIS SECOND AMENDMENT (this “Amendment”) TO AMENDMENT, CONSENT AND FORBEARANCE AGREEMENT is made and entered into on the 31st day of January, 2011 (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 and amended hereby) Raser Technologies, Inc. (“Raser”).
