FuelCell Energy Inc (FCEL)

[krays]

Restricted cash covenants waived by Hercules.

(k) From the Ninth Amendment Effective Date through the end of the Amendment Period, Agent hereby waives Borrower’s compliance with the financial reporting covenants set forth in Section 7.1(b) and (d) of the Loan Agreement and the Minimum Unrestricted Cash Balance covenant set forth in Section 8.2 of the Loan Agreement. Notwithstanding Section 7.12 of the Loan Agreement, Agent and Lender each agree that Borrower shall be permitted to use and maintain one or more Deposit Accounts that are not subject to any Account Control Agreements solely for the purpose of Borrower’s receipt and use of the Remaining Portion.
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