CREDIT AGREEMENT DATED AS OF JANUARY 31, 2013, BUT MADE EFFECTIVE AS OF FEBRUARY 22, 2013, BY AND AMONG BLUE EARTH, INC., BLUE EARTH TECH, INC., BLUE EARTH ENERGY MANAGEMENT, INC., BLUE EARTH ENERGY MANAGEMENT SERVICES, INC., BLUE EARTH FINANCE, INC.,...Credit Agreement • February 28th, 2013 • Blue Earth, Inc. • Construction machinery & equip • Nevada
This CREDIT AGREEMENT (this “Agreement”), dated as of January 31, 2013, but made effective as of February 22, 2013 (the “Effective Date”), is executed by and among BLUE EARTH, INC., a Nevada corporation (the “Issuing Borrower”), BLUE EARTH TECH, INC., a Nevada corporation, BLUE EARTH ENERGY MANAGEMENT, INC., a Nevada corporation, BLUE EARTH ENERGY MANAGEMENT SERVICES, INC., a Nevada corporation, BLUE EARTH FINANCE, INC., a Nevada corporation, BLUE EARTH ENERGY PARTNERS, LLC, a Nevada limited liability company, CASTROVILLA, INC., a California corporation, XNERGY, INC., a California corporation, HVAC CONTROLS & SPECIALTIES, INC., an Idaho corporation, and ECOLEGACY GAS & POWER, LLC, a California limited liability company (each of the foregoing, including the Issuing Borrower, hereinafter sometimes individually referred to as a “Borrower” and all such entities sometimes hereinafter collectively referred to as “Borrowers” or the “Credit Parties”), and TCA GLOBAL CREDIT MASTER FUND, LP, a C
