Security Agreement Template (January 2014)

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SECURITY AGREEMENT
THIS SECURITY AGREEMENT (this “Agreement”), effective as of __________, 201__,
is by and between __________________, LLC a [State where formed] [type of entity] having its
principal place of business at ____________________________ (“Grantor”) and Public Service
Electric and Gas Company, a New Jersey corporation having its principal place of business at 80
Park Plaza, Newark, New Jersey 07102 (“Secured Party”). Grantor and Secured Party are sometimes
referred to as, individually, a “Party” and collectively, the “Parties.”
WHEREAS, concurrently with its execution of this Agreement, Secured Party and Grantor
entered into that certain Solar Loan Agreement (as amended, restated, replaced and/or modified from
time to time, the “Loan Agreement”), dated contemporaneously herewith; and
WHEREAS, in consideration of, and as security for, Secured Party’s extension of the
principal amount of the Loan (as such term is defined in the Loan Agreement), Grantor and Secured
Party enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises herein contained and for other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby
acknowledge, Grantor and Secured Party hereby agree as follows:
1.
Definitions; Interpretations.
1.1
Definitions. As used herein, the following terms shall have the following
meanings:
“Books and Records” has the meaning set forth in Section 2.1(e).
“Business Day” means any day other than a Saturday, a Sunday or any other day on
which commercial banks in the City of Newark, State of New Jersey are required or permitted by law
to close.
“Code” means the Uniform Commercial Code as in force in the State of New Jersey,
as amended or superseded at any time and from time to time.
“Collateral” has the meaning set forth in Section 2.1.
“Construction Agreement” means the agreement between Grantor and one or more
contractor(s) pursuant to which the Project was constructed.
“Documents” means all instruments, files, records, ledger sheets and documents
covering, or relating to, any of the Collateral.
“Environmental Attributes,” for purposes of this Agreement, means an instrument
used to represent the environmental costs and/or benefits associated with a fixed amount of
electricity generation from the Project. For the Project, Environmental Attributes represents the
general environmental benefits of renewable generation such as, for example, and not by means of
exclusion, air pollution avoidance. The exact quantity of the environmental benefit (e.g.. pounds of
SLIII Security Agreement (Commercial)
v. 01/16/14

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