AMENDMENT NO. 3 TO AMENDED AND RESTATED FINANCING AGREEMENT AND REAFFIRMATION OF GUARANTYFinancing Agreement • March 1st, 2019 • Midwest Energy Emissions Corp. • Measuring & controlling devices, nec • New York
This AMENDMENT NO. 3 TO AMENDED AND RESTATED FINANCING AGREEMENT AND REAFFIRMATION OF GUARANTY, dated as of February 25, 2019 (this “Amendment No. 3”), and effective as of December 15, 2018 (the “Effective Date”), is executed among Midwest Energy Emissions Corp., a Delaware corporation, (the “Borrower”), MES, Inc., a North Dakota corporation (“MES” or “Guarantor”), and AC Midwest Energy LLC, a Delaware limited liability company (the “Lender”). Each of Borrower, MES and the Lender may hereinafter be referred to, individually, as a “Party” and, collectively, as the “Parties”.
UNSECURED NOTEMidwest Energy Emissions Corp. • March 1st, 2019 • Measuring & controlling devices, nec
FOR VALUE RECEIVED, Midwest Energy Emissions Corp., a Delaware corporation (the “Borrower”) hereby promises to pay to the order of AC Midwest Energy LLC, a Delaware limited liability company or its registered assigns (the “Lender”) the amount set out above as the Principal pursuant to the terms of that certain Financing Agreement dated as of February 25, 2019, by and among the Borrower, MES, Inc., a North Dakota corporation (“MES”) and the Lender (together with all exhibits and schedules thereto and as may be amended, restated, modified and supplemented from time to time the “Financing Agreement”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Financing Agreement.
UNSECURED NOTE FINANCING AGREEMENT Dated as of February 25, 2019 by and among MIDWEST ENERGY EMISSIONS CORP., a Delaware corporation as Borrower, MES, INC., a North Dakota corporation as Guarantor and AC MIDWEST ENERGY LLC, a Delaware limited...Unsecured Note Financing Agreement • March 1st, 2019 • Midwest Energy Emissions Corp. • Measuring & controlling devices, nec • New York
This UNSECURED NOTE FINANCING AGREEMENT (as may be amended, restated or modified from time to time, this “Agreement”), dated as of February 25, 2019, is being entered into by and among Midwest Energy Emissions Corp., a Delaware corporation, (the “Borrower”), MES, Inc., a North Dakota corporation and wholly owned subsidiary of the Borrower (“MES”), and AC Midwest Energy LLC, a Delaware limited liability company (the “Lender”). Each of Borrower, MES and the Lender may hereinafter be referred to, individually, as a “Party” and, collectively, as the “Parties”.
