DEPOSIT ACCOUNT SECURITY AND PLEDGE AGREEMENT Deposit Account Security and Pledge Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus
This Deposit Account Security and Pledge Agreement (this “Agreement”) is made as of August 18, 2023, by FUELCELL ENERGY FINANCE HOLDCO, LLC, a Delaware limited liability company with an office at c/o Fuel Cell Energy, 3 Great Pasture Road, Danbury, Connecticut 06810 (“Borrower”), GROTON STATION FUEL CELL, LLC, a Connecticut limited liability company with an office at c/o Fuel Cell Energy, 3 Great Pasture Road, Danbury, Connecticut 06810 (“Project Company” and together with Borrower, collectively, “Grantor”) and LIBERTY BANK, a mutual savings bank with an office at 315 Main Street, Middletown, Connecticut 06457 (“Liberty”), in its capacity as administrative agent for itself and the other Secured Parties (hereinafter referred to in such capacity as the “Administrative Agent”).
ContractDeposit Account Security and Pledge Agreement • August 24th, 2023 • Fuelcell Energy Inc • Electrical industrial apparatus
THIS AGREEMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AGREEMENT DATED AS OF THE DATE HEREOF BY AND AMONG CONNECTICUT GREEN BANK, A QUASI-PUBLIC AGENCY OF THE STATE OF CONNECTICUT, IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF SUBORDINATED LENDERS, AND LIBERTY BANK, A MUTUAL SAVINGS BANK, IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF SENIOR LENDERS (AS THE SAME MAY BE AMENDED, RESTATED, AMENDED AND RESTATED, MODIFIED OR SUPPLEMENTED FROM TIME TO TIME, THE “SUBORDINATION AGREEMENT”).
