FIFTH AMENDMENT TO CREDIT AGREEMENT AND CONSENTCredit Agreement and Consent • April 15th, 2008 • Renegy Holdings, Inc. • Engines & turbines • New York
This FIFTH AMENDMENT TO CREDIT AGREEMENT AND CONSENT (this “Agreement”) is entered into as of April 10, 2008 in connection with that certain Credit Agreement, dated as of September 1, 2006, among SNOWFLAKE WHITE MOUNTAIN POWER, LLC (“SWMP”), RENEGY, LLC (“Renegy”), RENEGY TRUCKING, LLC (“Renegy Trucking” and together with Renegy and SWMP, the “Borrowers”), the financial institutions from time to time party thereto (collectively, the “Lenders”) and COBANK, ACB, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as letter of credit issuer, collateral agent and as a Lender, as amended (as further amended from time to time, the “Credit Agreement”). Capitalized terms used herein but not defined shall have the meaning given to them in the Credit Agreement and section references refer to sections of the Credit Agreement unless otherwise stated.
