CONFIDENTIAL May 7, 1999Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
AMENDED AND RESTATED DEPOSIT AND DISBURSEMENT AGREEMENTParticipation Agreement • November 14th, 2001 • Aes Eastern Energy Lp • Electric services • New York
Between AEE 2, L.L.C. andSecurity Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
2 3 IN WITNESS WHEREOF, the parties have caused this Assignment and Assumption Agreement to be signed by their respective duly authorized officers as of the date first above written.Assignment and Assumption Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
RECITALSSettlement Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
CAPACITY, ENERGY AND ANCILLARY SERVICES AGREEMENT BETWEEN MERCHANT ENERGY GROUP OF THE AMERICAS, INC. AND AES EASTERN ENERGY, L.P.Aes Eastern Energy Lp • October 26th, 1999 • New York
AMENDMENT NO. 1 AND WAIVER TO CREDIT AGREEMENTCredit Agreement • November 14th, 2001 • Aes Eastern Energy Lp • Electric services • New York
2 3 written consent of the other except when disclosure in the sole judgment of the party making the disclosure is required (a) by statute, (b) by regulation, order or request of a governmental agency, (c) in connection with a judicial or...Supply Agreement • October 26th, 1999 • Aes Eastern Energy Lp
2 3 SECURITIES ACT. THE PASS THROUGH TRUST AGREEMENT CONTAINS A PROVISION REQUIRING THE PASS THROUGH TRUSTEE TO REFUSE TO REGISTER ANY TRANSFER OF THIS CERTIFICATE IN VIOLATION OF THE FOREGOING RESTRICTIONS.Aes Eastern Energy Lp • October 26th, 1999 • New York
1 Exhibit 10.7 AGREEMENT TO ASSIGN TRANSMISSION RIGHTS AND OBLIGATIONS By and Between AES NY, L.L.C.Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • March 28th, 2003 • Aes Eastern Energy Lp • Electric services • New York
PARTICIPATION AGREEMENT (Kintigh A-1)Participation Agreement • October 26th, 1999 • Aes Eastern Energy Lp
ARTICLE 1Aes Eastern Energy Lp • October 26th, 1999
2 TABLE OF CONTENTSSales Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
WITNESSETH:Interconnection Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
1 Exhibit 4.11 AES EASTERN ENERGY, L.P. REGISTRATION RIGHTS AGREEMENTAes Eastern Energy Lp • October 26th, 1999 • New York
1 Exhibit 3.2 AES Eastern Energy, L.P. AGREEMENT OF LIMITED PARTNERSHIPAes Eastern Energy Lp • October 26th, 1999 • Delaware
by and betweenAgreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
between MILLIKEN FACILITY TRUST A-1, as Lessor and AES EASTERN ENERGY, L.P., as Lessee MILLIKEN COAL-FIRED GENERATION FACILITYFacility Lease Agreement • October 26th, 1999 • Aes Eastern Energy Lp
Exhibit 10.23a SECOND AMENDMENT TO KINTIGH A-1 PARTICIPATION AGREEMENT AND APPENDIX A This SECOND AMENDMENT TO KINTIGH A-1 PARTICIPATION AGREEMENT AND APPENDIX A dated as of April 10, 2001 (this "Amendment") by and among the parties hereto is an...Aes Eastern Energy Lp • November 14th, 2001 • Electric services
2 3 be increased up to 300,000 net tons or decreased down to 200,000 net tons by providing notice by June 1, 1998).Coal Supply Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
1 Exhibit 4.13 ================================================================ ================ LLC MEMBERSHIP INTEREST PLEDGE AGREEMENT dated as of May 14, 1999Membership Interest Pledge Agreement • October 26th, 1999 • Aes Eastern Energy Lp
INDENTURE OF TRUST AND SECURITY AGREEMENT (Kintigh A-1)Indenture of Trust and Security Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
BETWEENReciprocal Easement Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
Exhibit 10.24a SECOND AMENDMENT TO MILLIKEN A-1 PARTICIPATION AGREEMENT AND APPENDIX A This SECOND AMENDMENT TO MILLIKEN A-1 PARTICIPATION AGREEMENT AND APPENDIX A dated as of April 10, 2001 (this "Amendment") by and among the parties hereto is an...Aes Eastern Energy Lp • November 14th, 2001 • Electric services
Exhibit 10.25a CREDIT AGREEMENT dated as of April 10, 2001Credit Agreement • November 14th, 2001 • Aes Eastern Energy Lp • Electric services
1 Exhibit 4.9b Indenture of Trust and Security Agreement (Milliken A-2), dated as of May 1, 1999, between Milliken Facility Trust A-2, as Owner Trust, and Bankers Trust Company, as Indenture Trustee Indenture of Trust and Security Agreement (Milliken...Security Agreement • October 26th, 1999 • Aes Eastern Energy Lp
andMilliken Operating Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
andParticipation Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
1 Exhibit 4.6b Facility Lease Agreement (Kintigh A-2), dated as of May 1, 1999, between Kintigh Facility Trust A-2, as Lessor, and AES Eastern Energy, L.P., as Lessee Facility Lease Agreement (Kintigh B-1), dated as of May 1, 1999, between Kintigh...Facility Lease Agreement • October 26th, 1999 • Aes Eastern Energy Lp
WITNESSETH:Bilateral Power Sales Agreement • October 26th, 1999 • Aes Eastern Energy Lp • New York
1 Exhibit 4.7b Facility Lease Agreement (Milliken A-2), dated as of May 1, 1999, between Milliken Facility Trust A-2, as Lessor, and AES Eastern Energy, L.P., as Lessee Facility Lease Agreement (Milliken B-1), dated as of May 1, 1999, between Milliken...Facility Lease Agreement • October 26th, 1999 • Aes Eastern Energy Lp
AMENDMENT NO. 4 TO CREDIT AGREEMENTCredit Agreement • August 18th, 2003 • Aes Eastern Energy Lp • Electric services • New York
This AMENDMENT NO. 4, dated as of April 25, 2003 (this “Amendment”), is made by and among AES EASTERN ENERGY, L.P., a Delaware limited partnership (the “Borrower”), the bank listed on the signature pages of this Amendment as “Bank” (together with their successors and permitted assignees from time to time, the “Bank”) and UNION BANK OF CALIFORNIA, N.A., as Agent and Issuing Bank.
ACCESSION AND AMENDMENT AGREEMENTAccession and Amendment Agreement • August 18th, 2003 • Aes Eastern Energy Lp • Electric services • New York
Reference is made to the Credit Agreement, dated as of April 10, 2001, as amended by Amendment No. 1 and Waiver to Credit Agreement, dated as of August 31, 2001, Amendment No. 2 thereto, dated as of November 20, 2002, Amendment No. 3 thereto, dated as of April 16, 2003, and Amendment No. 4 thereto, dated as of April 25, 2003 (said Agreement, as so amended and as it may be further amended, supplemented or otherwise modified from time to time, being the “Credit Agreement", the terms defined therein and not otherwise defined herein being used herein as therein defined), among AES Eastern Energy, L.P. (the “Borrower"), the Banks named therein and Union Bank of California, N.A., as Agent and Issuing Bank. Pursuant to Section 2.01(b) of the Credit Agreement, CITIBANK, N.A. (the “New Bank") has committed to make loans ("Loans") to the Borrower in accordance with the terms and conditions of the Credit Agreement, which Loans are evidenced by a promissory note (the “Note") issued by the Borrower
1 Exhibit 4.3b Pass Through Trust Agreement B, dated as of May 1, 1999, between AES Eastern Energy, L.P. and Bankers Trust Company, as Pass Through Trustee, made with respect to the formation of the Pass Through Trust, Series 1999-B and the issuance...Aes Eastern Energy Lp • October 26th, 1999
