FIRST AMENDMENT TO AMENDED AND RESTATED LESSEE WORKING CAPITAL LOAN AGREEMENTCapital Loan Agreement • December 15th, 2006 • Environmental Power Corp • Cogeneration services & small power producers • New York
This FIRST AMENDMENT TO AMENDED AND RESTATED LESSEE WORKING CAPITAL LOAN AGREEMENT (this “Amendment”), dated as of December 11, 2006 (“Amendment No. 1 Effective Date”), is made and entered into by and between SCRUBGRASS GENERATING COMPANY, L.P., a Delaware limited partnership (“Lender”) and BUZZARD POWER CORPORATION, a Delaware corporation (“Lessee”).
AMENDMENT NO. 2 TO DISBURSEMENT AGREEMENTDisbursement Agreement • December 15th, 2006 • Environmental Power Corp • Cogeneration services & small power producers • New York
AMENDMENT NO. 2, dated as of December 11, 2006, among Scrubgrass Generating Company, L.P., a limited partnership duly organized and validly existing under the laws of the State of Delaware, as Lessor (the “Lessor”), Buzzard Power Corporation, a Delaware corporation, as Lessee (the “Lessee”), Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company), a banking corporation organized and existing under the laws of the State of New York, as Disbursement Agent (the “Disbursement Agent”), and Calyon New York Branch as successor to Credit Lyonnais, New York Branch in its capacity as agent for the Banks and the Bond LOC Issuer as described more specifically in the Amended and Restated Reimbursement Agreement referred to below (the “Agent”). (All capitalized terms used herein shall, unless the context otherwise requires or unless they are otherwise defined herein, have the meanings assigned to such terms in the Amended and Restated Disbursement Agreement, as hereinafter def
FORBEARANCE AGREEMENT (LEASE)Forbearance Agreement • December 15th, 2006 • Environmental Power Corp • Cogeneration services & small power producers • New York
THIS FORBEARANCE AGREEMENT (LEASE) (this “Agreement”) is dated as of December 11, 2006 and is entered into by and between Buzzard Power Corporation, a Delaware corporation (the “Lessee”) and Scrubgrass Generating Company, L.P., a Delaware limited partnership (“Lessor”), with respect to the Amended and Restated Lease Agreement dated December 22, 1995 (as amended through the date hereof, the “Lease”) by and between Lessee and Lessor. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Lease.
