Certain identified information has been excluded because it is not material and would be competitively harmful if disclosed.
SOLAR CONSTRUCTION LENDING, LLC
First AMENDMENT to
LIMITED LIABILITY COMPANY OPERATING AGREEMENT
This FIRST AMENDMENT TO LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Amendment”) of Solar Construction Lending, LLC, a Delaware limited liability company (the “Company”), is made and entered into as of January 8, 2018, by and among Renewable Energy Lending, LLC, a Delaware limited liability company, and [Affiliate of Fundamental Advisors, LP], a Delaware limited Liability company;
Whereas, the Members are party to that certain Amended and Restated Limited Liability Company Operating Agreement of the Company, dated as of November 7, 2016 (as heretofore amended, supplemented or otherwise modified, the “Existing Operating Agreement”);
Whereas, the Members desire to amend the Existing Operating Agreement to reflect certain matters with respect Hunt Investment Management, LLC, a Delaware limited liability company (“Hunt”), becoming the Manager of the Administrative Member of the Company;
Whereas, Section 7.1(D)(xix) of the Existing Operating Agreement permits amendment only with the affirmative written consent of the Members; and
Whereas, capitalized terms used in this Amendment and not otherwise defined shall have the meanings ascribed to such terms in the Existing Operating Agreement.
Now, Therefore, in consideration of the mutual agreements, covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
1.Amendments to Existing Operating Agreement.
(a)Section 2.1 of the Existing Operating Agreement is hereby amended to add (in the appropriate place alphabetically) the following defined term thereto (reading in its entirety as follows):
“Hunt” means Hunt Investment Management, LLC, a Delaware limited liability company.
(b)The last sentence of Section 7.1(F)(i) of the Existing Operating Agreement is hereby amended to read in its entirety as follows:
“The Annual Budget shall be presented in the form of a budget of Hunt regarding the Company, SPL, SDL and REL with detailed allocations of