AND [----------------------------------] AS TRUSTEE INDENTUREBlack Hills Holding Corp • December 26th, 2000 • Blank checks • New York
COMMON STOCKUnderwriting Agreement • April 16th, 2001 • Black Hills Corp /Sd/ • Electric services • New York
EXHIBIT 99.2 AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 10th, 2002 • Black Hills Corp /Sd/ • Electric services • Colorado
PURCHASE AND SALE AGREEMENT by and between TLS Investors, L.L.C.Purchase and Sale Agreement • March 26th, 2002 • Black Hills Corp /Sd/ • Electric services • New York
AND [___________________________________] AS TRUSTEE INDENTUREBlack Hills Corp /Sd/ • November 27th, 2002 • Electric services • New York
AND [----------------------------------] AS TRUSTEE INDENTUREBlack Hills Holding Corp • December 26th, 2000 • Blank checks • New York
TOBlack Hills Corp /Sd/ • November 15th, 2002 • Electric services • New York
RECITALSEmployment Agreement • December 23rd, 2002 • Black Hills Corp /Sd/ • Electric services • South Dakota
3-YEAR CREDIT AGREEMENT DATED AS OFCredit Agreement • November 14th, 2001 • Black Hills Corp /Sd/ • Electric services • New York
RECITALSEmployment Agreement • December 23rd, 2002 • Black Hills Corp /Sd/ • Electric services • South Dakota
Black Hills Corporation UNDERWRITING AGREEMENTUnderwriting Agreement • November 18th, 2013 • Black Hills Corp /Sd/ • Electric services • New York
andPurchase Contract Agreement • January 13th, 2003 • Black Hills Corp /Sd/ • Electric services • New York
AMONGDay Credit Agreement • November 15th, 2002 • Black Hills Corp /Sd/ • Electric services • New York
BETWEENLease Agreement • March 26th, 2002 • Black Hills Corp /Sd/ • Electric services • New York
AMONGTerm Credit Agreement • November 15th, 2002 • Black Hills Corp /Sd/ • Electric services • New York
BLACK HILLS CORPORATION and U.S. BANK NATIONAL ASSOCIATION, as Purchase Contract Agent, Collateral Agent, Custodial Agent and Securities Intermediary PURCHASE CONTRACT AND PLEDGE AGREEMENT Dated as of November 23, 2015Purchase Contract and Pledge Agreement • November 23rd, 2015 • Black Hills Corp /Sd/ • Electric services • New York
PURCHASE CONTRACT AND PLEDGE AGREEMENT, dated as of November 23, 2015, among BLACK HILLS CORPORATION, a corporation duly organized and existing under the laws of the State of South Dakota (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, acting as purchase contract agent for, and, for purposes of the Pledge created hereby, as attorney-in-fact of, the Holders from time to time of the Units (in such capacities, together with its successors and assigns in such capacities, the “Purchase Contract Agent”), as collateral agent hereunder for the benefit of the Company (in such capacity, together with its successors in such capacity, the “Collateral Agent”), as custodial agent (in such capacity, together with its successors in such capacity, the “Custodial Agent”), and as securities intermediary (as defined in Section 8-102(a)(14) of the UCC) with respect to the Collateral Account (in such capacity, together with its successors in such capacity, the “Securitie
Exhibit 10.4 FIRST AMENDMENT TO 3-YEAR AND 364-DAY REVOLVING CREDIT AGREEMENTS This FIRST AMENDMENT TO 3-YEAR AND 364-DAY REVOLVING CREDIT AGREEMENTS (this "Amendment") is dated as of June 13, 2002, and is entered into by and among Black Hills...Black Hills Corp /Sd/ • November 15th, 2002 • Electric services • New York
EXHIBIT 99.6 TERMINATION OF AGREEMENT AND MUTUAL RELEASE DATE: The date of this Agreement is October 1, 2002. PARTIES: Aquila Merchant Services, Inc. 909 Fannin, Suite 1850 Houston, Texas 77010 Fax No: (713) 336-7494 ("Aquila") Mallon Oil Company 999...Termination of Agreement • October 10th, 2002 • Black Hills Corp /Sd/ • Electric services • Texas
CHANGE IN CONTROL AGREEMENTChange in Control Agreement • February 14th, 2023 • Black Hills Corp /Sd/ • Electric services • South Dakota
This Change in Control Agreement (“Agreement”) dated as of November 15, 2022, is entered into by and between Black Hills Corporation (“Company”) and Linden R. Evans (“Employee”).
AMENDMENT NO. 1Agreement for Lease • March 26th, 2002 • Black Hills Corp /Sd/ • Electric services
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 3rd, 2023 • Black Hills Corp /Sd/ • Electric services • New York
THIS FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made as of May 9, 2023 (the “Effective Date”) by and among BLACK HILLS CORPORATION, a South Dakota corporation (the “Borrower”), the financial institutions listed on the signature pages hereto (the “Banks”) and U.S. BANK NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the “Administrative Agent”), under that certain Fourth Amended and Restated Credit Agreement, dated as of July 19, 2021 (as amended, supplemented or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”), by and among the Borrower, the Banks party thereto and the Administrative Agent. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Credit Agreement, as amended by this Amendment (the “Amended Credit Agreement”).
Black Hills Corporation Common Stock ($1.00 par value) EQUITY DISTRIBUTION SALES AGREEMENTEquity Distribution Agreement • June 20th, 2023 • Black Hills Corp /Sd/ • Electric services • New York
Payment shall be made to the Company by wire transfer of immediately available funds to a bank account designated by the Company against delivery to the Underwriter[s for their respective accounts for the Securities to be purchased by them]. [It is understood that each Underwriter has authorized [●] as representative of the Underwriters, for its account, to accept delivery of, receipt for, and make payment of the purchase price for, the Initial Securities and the Option Securities, if any, which it has agreed to purchase. [●], individually and not as representative of the Underwriters, may (but shall not be obligated to) make payment of the purchase price for the Initial Securities or the Option Securities, if any, to be purchased by any Underwriter whose funds have not been received by the Settlement Date or the relevant Date of Delivery, as the case may be, but such payment shall not relieve such Underwriter from its obligations hereunder.]
Black Hills Corporation $450,000,000 6.150% Notes due 2034 UNDERWRITING AGREEMENTUnderwriting Agreement • September 11th, 2023 • Black Hills Corp /Sd/ • Electric services • New York
ContractCredit Agreement • June 29th, 2011 • Black Hills Corp /Sd/ • Electric services • New York
Black Hills Corporation Restricted Stock Award Agreement (Effective for Awards granted on or after January 26, 2021) Dear _______________:Restricted Stock Award Agreement • February 26th, 2021 • Black Hills Corp /Sd/ • Electric services • South Dakota
Congratulations on your selection as a Participant under Black Hills Corporation’s 2015 Omnibus Incentive Plan (the “Plan”). This Agreement and the Plan together govern your rights to the Award and set forth all of the conditions and limitations affecting such rights. All capitalized terms shall have the meanings ascribed to them in the Plan unless specifically set forth otherwise herein. If there is any inconsistency between the terms of this Agreement and the terms of the Plan, the Plan’s terms shall supersede and replace the conflicting terms of this Agreement. By signing below, you agree to be bound by all the provisions of the Plan and this Agreement.
Black Hills Corporation Short-Term Incentive Plan for Officers Award AgreementAward Agreement • May 10th, 2016 • Black Hills Corp /Sd/ • Electric services • South Dakota
Black Hills Corporation Option Award Agreement (Effective for awards granted on or after April 28, 2015)Option Award Agreement • February 25th, 2016 • Black Hills Corp /Sd/ • Electric services
This document constitutes part of the prospectus covering securities that have been registered under the Securities Act of 1933.
AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF July 30, 2018 AMONG BLACK HILLS CORPORATION, as the Borrower, THE FINANCIAL INSTITUTIONS PARTY HERETO, as Banks, and JPMORGAN CHASE BANK, N.A., as Administrative Agent U.S. BANK NATIONAL ASSOCIATION,...Credit Agreement • July 31st, 2018 • Black Hills Corp /Sd/ • Electric services • New York
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of July 30, 2018 among Black Hills Corporation, a South Dakota corporation (“Borrower”), the financial institutions from time to time party hereto (each a “Bank,” and collectively the “Banks”), U.S. BANK NATIONAL ASSOCIATION, in its capacity as syndication agent for the Banks (in such capacity, the “Syndication Agent”), and JPMORGAN CHASE BANK, N.A., in its capacity as agent for the Banks hereunder (including its branches and Affiliates, in such capacity, the “Administrative Agent”).
Restricted Stock Unit AgreementRestricted Stock Unit Agreement • February 25th, 2016 • Black Hills Corp /Sd/ • Electric services • South Dakota
Congratulations on your award under the Black Hills Corporation 2015 Omnibus Incentive Plan (the “Omnibus Plan”) and your participation in the Black Hills Corporation Nonqualified Deferred Compensation Plan (the “NDC Plan”) (collectively, the “Plans”). This Agreement and the Plans together govern your rights to the award and set forth all of the conditions and limitations affecting such rights. All capitalized terms shall have the meanings ascribed to them in the respective Plan unless specifically set forth otherwise herein. If there is any inconsistency between the terms of this Agreement and the terms of the Plans, the Plans’ terms shall supersede and replace the conflicting terms of this Agreement. By signing below, you agree to be bound by all the provisions of the Plans and this Agreement.
Black Hills Corporation Incentive Compensation Plan Performance Share Award AgreementShare Award Agreement • February 25th, 2015 • Black Hills Corp /Sd/ • Electric services • South Dakota
To: Black Hills CorporationLetter Agreement • November 17th, 2010 • Black Hills Corp /Sd/ • Electric services • New York
FORM OF UTILITY MONEY POOL AGREEMENTUtility Money Pool Agreement • September 2nd, 2005 • Black Hills Corp /Sd/ • Electric services • South Dakota
This Utility Money Pool Agreement (the “Agreement”), dated as of July 1, 2005, is made and entered into by and among Black Hills Corporation (“Black Hills”), a South Dakota corporation and a registered holding company under the Public Utility Holding Company Act of 1935, as amended (the “Act”); Black Hills Service Company, LLC (“Black Hills Service”), a South Dakota limited liability company and a non-utility subsidiary of Black Hills (in its role as administrator of the Utility Money Pool); Black Hills Power, Inc. (“Black Hills Power”), a South Dakota corporation and a utility subsidiary of Black Hills (in its role as Repository, Lending Party, Borrowing Party and Utility Subsidiary, each as defined herein); and Cheyenne Light, Fuel and Power Company (“Cheyenne Light”), a Wyoming corporation and a utility subsidiary of Black Hills. Each of Black Hills, Black Hills Service, Black Hills Power, and Cheyenne Light is referred to herein as a “Party,” and collectively as the “Parties.” Blac
Black Hills Corporation Restricted Stock Award Agreement (Effective for Awards granted on or after December 10, 2007) Dear ________________________:Restricted Stock Award Agreement • February 29th, 2008 • Black Hills Corp /Sd/ • Electric services • South Dakota
Congratulations on your selection as a Participant of Black Hills Corporation 2005 Omnibus Incentive Plan (the “Plan”). This Agreement and the Plan together govern your rights under the Plan and set forth all of the conditions and limitations affecting such rights. Terms used in this Agreement that are defined in the Plan shall have the meanings ascribed to them in the Plan. If there is any inconsistency between the terms of this Agreement and the terms of the Plan, the Plan’s terms shall supersede and replace the conflicting terms of this Agreement.
JOINDER AGREEMENTJoinder Agreement • May 28th, 2009 • Black Hills Corp /Sd/ • Electric services • New York
THIS JOINDER AGREEMENT dated as of May 27, 2009 (this “Joinder Agreement”) is made by and among ENSERCO ENERGY INC., a South Dakota corporation (“Borrower”), FORTIS CAPITAL CORP. in its capacity as administrative agent under the Credit Agreement (as defined below) (in such capacity, the “Administrative Agent”), and COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. “Rabobank Nederland,” NEW YORK BRANCH (“New Bank”). Reference is made to that certain Third Amended and Restated Credit Agreement dated as of May 8, 2009 among the Borrower, the banks party thereto from time to time (the “Banks”), the Banks authorized to issue letters of credit thereunder from time to time (the “Issuing Banks”), and the Administrative Agent (as the same may be amended, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein but not defined herein shall have the meanings specified by the Credit Agreement.
Black Hills Corporation Common Stock ($1.00 par value) AMENDED AND RESTATED EQUITY DISTRIBUTION SALES AGREEMENTEquity Distribution Sales Agreement • August 4th, 2017 • Black Hills Corp /Sd/ • Electric services • New York
be purchased by them]. [It is understood that each Underwriter has authorized [·] as representative of the Underwriters, for its account, to accept delivery of, receipt for, and make payment of the purchase price for, the Initial Securities and the Option Securities, if any, which it has agreed to purchase. [·], individually and not as representative of the Underwriters, may (but shall not be obligated to) make payment of the purchase price for the Initial Securities or the Option Securities, if any, to be purchased by any Underwriter whose funds have not been received by the Settlement Date or the relevant Date of Delivery, as the case may be, but such payment shall not relieve such Underwriter from its obligations hereunder.]
