FuelCell Energy 3 Great Pasture Road Danbury, CT 06810 www.fuelcellenergy.comFuelcell Energy Inc • January 22nd, 2020 • Miscellaneous electrical machinery, equipment & supplies • Alberta
This letter agreement shall be governed by and interpreted and enforced in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, and the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Alberta with respect to any matter relating to the execution or construction of this letter agreement or the exercise of any right or the enforcement of any obligation arising hereunder.
AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • January 22nd, 2020 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENT (this “Amendment”), dated as of January 15, 2019, is made by and between DOMINION GENERATION, INC., a Virginia corporation (“Seller”), and FUELCELL ENERGY FINANCE, LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer each may be referred to herein as a “Party” and collectively as the “Parties”.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • January 22nd, 2020 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of January 20, 2020, is entered into by and among FuelCell Energy, Inc., a Delaware corporation (the “Borrower”), each of the Guarantors party to the Credit Agreement, the lenders party to the Credit Agreement referred to below (collectively, the “Lenders” and each individually a “Lender”) that are signatories hereto, and Orion Energy Partners Investment Agent, LLC, as administrative and collateral agent for the Lenders (in such capacity, the “Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed thereto in the Credit Agreement (as defined below).
