The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20, 2016 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Fourth Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. NORTHERN STATES POWER COMPANY, a Minnesota corporation By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDERXXXXXX ] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___________, 20__ FORM OF EXTENSION REQUEST1 , 20 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Fourth Amended and Restated Credit Agreement, dated as of June 20September 19, 2016 2022 (as amended, supplemented or otherwise modified from time to time, the “Second Fourth Amended and Restated Credit Agreement”), among Xcel Energy Inc. Northern States Power Company, a Minnesota corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Fourth Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Fourth Amended and Restated Credit Agreement.
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Fourth Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. SOUTHWESTERN PUBLIC SERVICE COMPANY By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDERXXXXXX] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___FORM OF EXTENSION REQUEST1 ________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Fourth Amended and Restated Credit Agreement, dated as of June 20September 19, 2016 2022 (as amended, supplemented or otherwise modified from time to time, the “Second Fourth Amended and Restated Credit Agreement”), among Xcel Energy Inc. Southwestern Public Service Company, a New Mexico corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Fourth Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Fourth Amended and Restated Credit Agreement.
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. By: Name: XXXXXXX 0000000 Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 XXXXXXX 0000000 2 EXHIBIT E-1 ___________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20October 14, 2016 2014 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [________], 20__. Very truly yours, XCEL ENERGY INC. By Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. NEWYORK 9257105 EXHIBIT E-2 FORM OF CONTINUATION NOTICE1 ___________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Amended and Restated Credit Agreement, dated as of October 14, 2014 (as amended, supplemented or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated __________, 20__. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [________], 20__, as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By Name: Title:
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Third Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. PUBLIC SERVICE COMPANY OF COLORADO By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___FORM OF EXTENSION REQUEST1 ________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Third Amended and Restated Credit Agreement, dated as of June 207, 2016 2019 (as amended, supplemented or otherwise modified from time to time, the “Second Third Amended and Restated Credit Agreement”), among Xcel Energy Inc. Public Service Company of Colorado, a Colorado corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Third Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Third Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Third Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [______], 20__. Very truly yours, PUBLIC SERVICE COMPANY OF COLORADO By: Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. EXHIBIT E-2 FORM OF CONTINUATION NOTICE1 ________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Third Amended and Restated Credit Agreement, dated as of June 7, 2019 (as amended, supplemented or otherwise modified from time to time, the “Third Amended and Restated Credit Agreement”), among Public Service Company of Colorado, a Colorado corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Third Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Third Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated __________, 20__. Pursuant to Section 2.17(a) of the Third Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [_____], 20__ as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By: Name: Title:
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20July 27, 2016 2012 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [________], 20__. Very truly yours, XCEL ENERGY INC. By Name: Title: ______________________ EXHIBIT E-2 FORM OF CONTINUATION NOTICE1 ___________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Amended and Restated Credit Agreement, dated as of July 27, 2012 (as amended, supplemented or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated __________, 20__. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [________], 20__, as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By Name: Title: ______________________
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. NORTHERN STATES POWER COMPANY, a Minnesota corporation By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 FORM OF EXTENSION REQUEST1 ________________ , 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20July 27, 2016 2012 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [________], 20__. Very truly yours, XCEL ENERGY INC By: Name Title Dated as of _________ __, 20__ 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. FORM OF CONTINUATION NOTICE1 _________ , 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Amended and Restated Credit Agreement, dated as of July 27, 2012 (as amended, supplemented or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among Northern States Power Company, a Minnesota corporation (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated ____________, 20__. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [_______], 20__, as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By: Name Title
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Closing Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. NORTHERN STATES POWER COMPANY, a Minnesota corporation By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 _F-1 FORM OF EXTENSION REQUEST4 __________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20March 17, 2016 2011 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Northern States Power Company, a Minnesota corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to March [__], 20__. Very truly yours, NORTHERN STATES POWER COMPANY, a Minnesota corporation By Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Closing Date and no later than 45 days prior to the then applicable Revolving Termination Date. FORM OF CONTINUATION NOTICE5 __________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Credit Agreement, dated as of March 17, 2011 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Northern States Power Company, a Minnesota corporation (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated ____________, 20__. Pursuant to Section 2.17(a) of the Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to March [__], 20__, as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By Name: Title:
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such AMERICAS 91292576 authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. SOUTHWESTERN PUBLIC SERVICE COMPANY By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 91292576 EXHIBIT E-1 ___FORM OF EXTENSION REQUEST1 ________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20, 2016 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Southwestern Public Service Company, a New Mexico corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or NEWYORK 9337361 obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. SOUTHWESTERN PUBLIC SERVICE COMPANY By: ________________________ Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: ________________________ Name: Title: AMERICAS 91255883 2 NEWYORK 9337361 EXHIBIT E-1 ___FORM OF EXTENSION REQUEST1 ________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20October 14, 2016 2014 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Southwestern Public Service Company, a New Mexico corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [______], 20__. Very truly yours, SOUTHWESTERN PUBLIC SERVICE COMPANY By: ________________________ Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. NEWYORK 9337361 EXHIBIT E-2 FORM OF CONTINUATION NOTICE1 ________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Amended and Restated Credit Agreement, dated as of October 14, 2014 (as amended, supplemented or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among Southwestern Public Service Company, a New Mexico corporation (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated __________, 20__. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [_____], 20__ as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By: ________________________ Name: Title:
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Fourth Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDERXXXXXX] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Fourth Amended and Restated Credit Agreement, dated as of June 20September 19, 2016 2022 (as amended, supplemented or otherwise modified from time to time, the “Second Fourth Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Fourth Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Fourth Amended and Restated Credit Agreement.. Pursuant to Section 2.18(a) of the Fourth Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [________], 20__. Very truly yours, XCEL ENERGY INC. By Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. EXHIBIT E-2 FORM OF CONTINUATION NOTICE1 ___________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Fourth Amended and Restated Credit Agreement, dated as of September 19, 2022 (as amended, supplemented or otherwise modified from time to time, the “Fourth Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Fourth Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Fourth Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated __________, 20__. Pursuant to Section 2.18(a) of the Fourth Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [________], 20__, as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF XXXXXX] By Name: Title:
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. PUBLIC SERVICE COMPANY OF COLORADO By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___FORM OF EXTENSION REQUST1 ________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20July 27, 2016 2012 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Public Service Company of Colorado (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [_______], 20__. Very truly yours, PUBLIC SERVICE COMPANY OF COLORADO By: Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. EXHIBIT E-2 FORM OF CONTINUATION NOTICE1 _____________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Amended and Restated Credit Agreement, dated as of July 27, 2012 (as amended, supplemented or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among Public Service Company of Colorado (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated___, 20______. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [______], 20__, as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By: Name: Title:
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Closing Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 _F-1 FORM OF EXTENSION REQUEST1 __________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20March 17, 2016 2011 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to March [__], 20__. Very truly yours, XCEL ENERGY INC. By Name: Title:
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Third Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. NORTHERN STATES POWER COMPANY, a Minnesota corporation By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___FORM OF EXTENSION REQUEST1 ________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Third Amended and Restated Credit Agreement, dated as of June 207, 2016 2019 (as amended, supplemented or otherwise modified from time to time, the “Second Third Amended and Restated Credit Agreement”), among Xcel Energy Inc. Northern States Power Company, a Minnesota corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Third Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Third Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Third Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [ ], 20 . Very truly yours, NORTHERN STATES POWER COMPANY, a Minnesota corporation By: Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. FORM OF CONTINUATION NOTICE1 ________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Third Amended and Restated Credit Agreement, dated as of June 7, 2019 (as amended, supplemented or otherwise modified from time to time, the “Third Amended and Restated Credit Agreement”), among Northern States Power Company, a Minnesota corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Third Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Third Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated , 20 . Pursuant to Section 2.17(a) of the Third Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [ ], 20 as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By: Name: Title:
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such AMERICAS 91292609 authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. NORTHERN STATES POWER COMPANY, a Minnesota corporation By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 91292609 EXHIBIT E-1 ___FORM OF EXTENSION REQUEST1 ________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20, 2016 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Northern States Power Company, a Minnesota corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. SOUTHWESTERN PUBLIC SERVICE COMPANY By: Name: Title: AMERICAS 91255883 Name Title Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 Name Title EXHIBIT E-1 ___FORM OF EXTENSION REQUEST4 ________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20July 27, 2016 2012 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Southwestern Public Service Company (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [______], 20__. Very truly yours, SOUTHWESTERN PUBLIC SERVICE COMPANY By: Name Title 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. EXHIBIT E-2 FORM OF CONTINUATION NOTICE1 ________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Amended and Restated Credit Agreement, dated as of July 27, 2012 (as amended, supplemented or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among Southwestern Public Service Company (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated __________, 20__. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [_____], 20__ as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By: Name Title Name: Title: 1 Continuation Notice must be received by the Administrative Agent no later than 30 days after the applicable Extension Request is given by the Borrower (or such later date as the Borrower has specified in the applicable Extension Request). Any Lender that fails to submit a Continuation Notice by such date shall be deemed not to have consented to the requested extension and shall constitute a Non-Extending Lender.
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Fourth Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. PUBLIC SERVICE COMPANY OF COLORADO By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDERLEXXXX] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___FORM OF EXTENSION REQUEST1 ________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Fourth Amended and Restated Credit Agreement, dated as of June 20September 19, 2016 2022 (as amended, supplemented or otherwise modified from time to time, the “Second Fourth Amended and Restated Credit Agreement”), among Xcel Energy Inc. Public Service Company of Colorado, a Colorado corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Fourth Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Fourth Amended and Restated Credit Agreement.
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Closing Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. PUBLIC SERVICE COMPANY OF COLORADO By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 _F-1 FORM OF EXTENSION REQUEST4 __________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20March 17, 2016 2011 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Public Service Company of Colorado (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to March [__], 20__. Very truly yours, PUBLIC SERVICE COMPANY OF COLORADO By Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Closing Date and no later than 45 days prior to the then applicable Revolving Termination Date. FORM OF CONTINUATION NOTICE5 __________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Credit Agreement, dated as of March 17, 2011 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Public Service Company of Colorado (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated ____________, 20__. Pursuant to Section 2.17(a) of the Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to March [__], 20__, as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By Name: Title:
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such AMERICAS 91292599 authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. PUBLIC SERVICE COMPANY OF COLORADO By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 91292599 EXHIBIT E-1 ___FORM OF EXTENSION REQUEST1 ________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20, 2016 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Public Service Company of Colorado, a Colorado corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Third Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. SOUTHWESTERN PUBLIC SERVICE COMPANY By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount $ [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___________, 20__ FORM OF EXTENSION REQUEST1 , 20 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Third Amended and Restated Credit Agreement, dated as of June 207, 2016 2019 (as amended, supplemented or otherwise modified from time to time, the “Second Third Amended and Restated Credit Agreement”), among Xcel Energy Inc. Southwestern Public Service Company, a New Mexico corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Third Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Third Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Third Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [ ], 20 . Very truly yours, SOUTHWESTERN PUBLIC SERVICE COMPANY By: Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. FORM OF CONTINUATION NOTICE1 , 20 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Third Amended and Restated Credit Agreement, dated as of June 7, 2019 (as amended, supplemented or otherwise modified from time to time, the “Third Amended and Restated Credit Agreement”), among Southwestern Public Service Company, a New Mexico corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Third Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Third Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated , 20 . Pursuant to Section 2.17(a) of the Third Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [ ], 20__ as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By: Name: Title:
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or NEWYORK 9337878 obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. PUBLIC SERVICE COMPANY OF COLORADO By: ______________________________ Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___________, 20___________________ Name: Title: NEWYORK 9337878 EXHIBIT E-1 FORM OF EXTENSION REQUEST1 REQUEST ________, 20_ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20October 14, 2016 2014 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Public Service Company of Colorado, a Colorado corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [_______], 20__. Very truly yours, PUBLIC SERVICE COMPANY OF COLORADO By: ________________________ Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date amd no later than 45 days prior to the then applicable Revolving Termination Date. NEWYORK 9337878 EXHIBIT E-2 FORM OF CONTINUATION NOTICE1 _____________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Amended and Restated Credit Agreement, dated as of October 14, 2014 (as amended, supplemented or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among Public Service Company of Colorado, a Colorado corporation (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated___, 20______. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [______], 20__, as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By: ________________________ Name: Title:
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Closing Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. SOUTHWESTERN PUBLIC SERVICE COMPANY By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 _F-1 FORM OF EXTENSION REQUEST4 __________, 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20March 17, 2016 2011 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Southwestern Public Service Company (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement. Pursuant to Section 2.17(a) of the Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to March [__], 20__. Very truly yours, SOUTHWESTERN PUBLIC SERVICE COMPANY By Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Closing Date and no later than 45 days prior to the then applicable Revolving Termination Date. FORM OF CONTINUATION NOTICE5 __________, 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Credit Agreement, dated as of March 17, 2011 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Southwestern Public Service Company (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated ____________, 20__. Pursuant to Section 2.17(a) of the Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to March [__], 20__, as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By Name: Title: 5 Continuation Notice must be received by the Administrative Agent no later than 30 days after the applicable Extension Request is given by the Borrower (or such later date as the Borrower has specified in the applicable Extension Request). Any Lender that fails to submit a Continuation Notice by such date shall be deemed not to have consented to the requested extension and shall constitute a Non-Extending Lender.
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. XXXXXXX 0000000 XXXXXXXX XXXXXX POWER COMPANY, a Minnesota corporation By: ___________________________ Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___________________________ Name: Title: NEWYORK 9337890 EXHIBIT E-1 FORM OF EXTENSION REQUEST1 ________________ , 20__ FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Amended and Restated Credit Agreement, dated as of June 20October 14, 2016 2014 (as amended, supplemented or otherwise modified from time to time, the “Second Amended and Restated Credit Agreement”), among Xcel Energy Inc. Northern States Power Company, a Minnesota corporation (the “Borrower”), the Lenders party thereto, the Documentation Agents Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement.. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [________], 20__. Very truly yours, NORTHERN STATES POWER COMPANY, a Minnesota corporation By: ___________________________ Name: Title: Dated as of _________ __, 20__ 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. NEWYORK 9337890 EXHIBIT E-2 FORM OF CONTINUATION NOTICE1 _________ , 20__ JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Amended and Restated Credit Agreement, dated as of October 14, 2014 (as amended, supplemented or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among Northern States Power Company, a Minnesota corporation (the “Borrower”), the Lenders party thereto, the Documentation Agent and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated ____________, 20__. Pursuant to Section 2.17(a) of the Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [_______], 20__, as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By: ___________________________ Name: Title:
Appears in 1 contract
The Increased Revolving Commitment Closing Date is ________. 3. The Borrower hereby represents and warrants that (i) each of the representations and warranties (other than representations and warranties contained in Sections 4.2 and 4.6 of the Second Third Amended and Restated Credit Agreement) made by the Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Increased Revolving Commitment Closing Date as if made on and as of such date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein, (iii) the resolutions of the board of directors of the Borrower delivered on the Restatement Effective Date authorize the increase specified herein (and such resolutions have not been revoked or amended in any respect and are in full force and effect), and (iv) the Borrower has received all necessary Governmental Authority authorizations, approvals or consents, if any, required with respect to the increase specified herein (and such authorizations, approvals and consents are in full force and effect), except where the failure to have received or obtained any such authorization, approval or consent could not reasonably be expected to have a Material Adverse Effect. XCEL ENERGY INC. By: Name: Title: AMERICAS 91255883 Increased Revolving Commitment Amount [NAME OF LENDER] $ By: Name: Title: AMERICAS 91255883 2 EXHIBIT E-1 ___________, 20__ 20 FORM OF EXTENSION REQUEST1 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Second Third Amended and Restated Credit Agreement, dated as of June 207, 2016 2019 (as amended, supplemented or otherwise modified from time to time, the “Second Third Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Second Third Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Second Third Amended and Restated Credit Agreement.. Pursuant to Section 2.18(a) of the Third Amended and Restated Credit Agreement, the Borrower hereby requests that the Lenders extend the Revolving Termination Date now in effect by a period of one year, to [ ], 20 . Very truly yours, XCEL ENERGY INC. By Name: Title: 1 Extension Request may be given no earlier than the first anniversary of the Restatement Effective Date and no later than 45 days prior to the then applicable Revolving Termination Date. FORM OF CONTINUATION NOTICE1 , 20 JPMorgan Chase Bank, N.A., as Administrative Agent Reference is made to the Third Amended and Restated Credit Agreement, dated as of June 7, 2019 (as amended, supplemented or otherwise modified from time to time, the “Third Amended and Restated Credit Agreement”), among Xcel Energy Inc. (the “Borrower”), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Third Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Third Amended and Restated Credit Agreement. The undersigned Lender is delivering this Continuation Notice in response to the Extension Request dated , 20 . Pursuant to Section 2.18(a) of the Third Amended and Restated Credit Agreement, the undersigned Lender hereby consents, in its sole discretion, to the extension of the Revolving Termination Date to [ ], 20 , as requested by the Borrower in the Extension Request. Very truly yours, [NAME OF LENDER] By Name: Title:
Appears in 1 contract
