ARTICLE I DEFINITIONS SECTION 1.1. Definitions 1 SECTION 1.2. Accounting Terms and Determinations 13 SECTION 1.3. Types of Borrowings 13 SECTION 1.4. References 13 ARTICLE II THE CREDITS SECTION 2.1. Commitments to Lend; Commitments to Issue Letters...Credit Agreement • November 13th, 1998 • Texas New Mexico Power Co • Electric services • Texas
INDENTUREIndenture • March 22nd, 1999 • Texas New Mexico Power Co • Electric services • New York
andRights Agreement • October 9th, 1998 • Texas New Mexico Power Co • Electric services • Texas
Indenture of Mortgage and Deed of Trust Dated as of November 1, 1944 (as supplemented and modified)Texas New Mexico Power Co • November 5th, 1996 • Electric services
BY AND AMONGPurchase and Sale Agreement • November 5th, 2002 • Texas New Mexico Power Co • Electric services • New York
toTexas New Mexico Power Co • March 22nd, 1999 • Electric services
EXHIBIT 1(a) $ ,000,000 TEXAS-NEW MEXICO POWER COMPANY % SENIOR NOTES DUEUnderwriting Agreement • December 11th, 1998 • Texas New Mexico Power Co • Electric services • New York
Exhibit 4(b)(i) REGISTRATION RIGHTS AGREEMENT Dated as of April 7, 2000Registration Rights Agreement • May 15th, 2000 • Texas New Mexico Power Co • Electric services • New York
W I T N E S S E T HAssumption Agreement • May 15th, 2000 • Texas New Mexico Power Co • Electric services • New York
FIRST AMENDMENT (this "Amendment") dated as of October 28, 1998 to the Revolving Credit Facility Agreement dated as of November 3, 1995 (as amended, the "Credit Agreement"; capitalized terms used and not otherwise defined herein shall have the...First Amendment • November 13th, 1998 • Texas New Mexico Power Co • Electric services • New York
to CHASE BANK OF TEXAS, N.A., as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of , 1999Texas New Mexico Power Co • December 11th, 1998 • Electric services
TEXAS-NEW MEXICO POWER COMPANY EXECUTIVE AGREEMENT FOR SEVERANCE COMPENSATION UPON CHANGE IN CONTROL This Texas-New Mexico Power Company Executive Agreement for Severance Compensation Upon Change in Control ("Agreement") dated ___________________, is...Texas New Mexico Power Co • March 18th, 1998 • Electric services • Texas
Indenture of Mortgage and Deed of Trust Dated as of November 1, 1944 (as supplemented and modified)Texas New Mexico Power Co • March 22nd, 1999 • Electric services
PUBLIC SERVICE COMPANY OF NEW MEXICO $150,000,000 3.21% Senior Unsecured Notes, Series A, due April 30, 2030 $50,000,000 3.57% Senior Unsecured Notes, Series B, due April 29, 2039 NOTE PURCHASE AGREEMENT Dated April 30, 2020Note Purchase Agreement • July 31st, 2020 • Texas New Mexico Power Co • Electric services • New York
Public Service Company of New Mexico, a New Mexico corporation (the “Company”), agrees with each of the Purchasers as follows:
Indenture of Mortgage and Deed of Trust Dated as of November 1, 1944 (as supplemented and modified)Texas New Mexico Power Co • December 11th, 1998 • Electric services
REMARKETING AGREEMENTRemarketing Agreement • November 3rd, 2005 • Texas New Mexico Power Co • Electric services • New York
This Remarketing Agreement is dated as of October 7, 2005 (the "Agreement") among PNM Resources, Inc., a New Mexico corporation (the "Company"), Banc of America Securities LLC, as the Remarketing Agent (the "Remarketing Agent"), and U.S. Bank National Association, a national banking association, not individually but solely as Purchase Contract Agent (the "Purchase Contract Agent") and as attorney-in-fact of the holders of Purchase Contracts (as defined in the Purchase Contract Agreement referred to below).
PERSONAL AND CONFIDENTIAL Mr. Patrick L. Bridges Texas-New Mexico Power Company 4100 International Plaza Fort Worth, Texas 76109 Dear Mr. Bridges: We are pleased to offer you the position of Vice President and Treasurer of Texas-New Mexico Power...Personal and Confidential • March 28th, 2002 • Texas New Mexico Power Co • Electric services
This agreement is effective as of and only upon the closing (the "Closing") as defined in the Agreement and Plan of Merger dated as of May 24, 1999 by an among SW Acquisition, L.P., ST Acquisition Corp. and TNP Enterprises, Inc. The terms and conditions set forth herein shall remain in effect until the third anniversary of the Closing, except as otherwise noted herein, provided you remain employed by the Company through such date. This agreement supersedes all previous agreements relating to your employment with the Company, including, but not limited to, your Texas-New Mexico Power Company Executive Agreement for Severance Upon Change in Control dated as of February 16, 1998 and all such agreements will have no further force and effect.
TERM LOAN CREDIT AGREEMENT among TEXAS-NEW MEXICO POWER COMPANY, as the Borrower, THE LENDERS IDENTIFIED HEREIN, AND UNION BANK OF CALIFORNIA, N.A., as Administrative Agent DATED AS OF OCTOBER 31, 2008 UNION BANK OF CALIFORNIA, N.A., as Lead Arranger...Term Loan Credit Agreement • November 4th, 2008 • Texas New Mexico Power Co • Electric services • New York
THIS TERM LOAN CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of October 31, 2008 among TEXAS-NEW MEXICO POWER COMPANY, a Texas corporation (the “Borrower”), the Lenders and UNION BANK OF CALIFORNIA, N.A., as Administrative Agent.
RECITALSIncentive Compensation Award Agreement • March 22nd, 1999 • Texas New Mexico Power Co • Electric services • Texas
REGISTRATION RIGHTS AGREEMENT Dated as of June 10, 2003 by and among TEXAS-NEW MEXICO POWER COMPANY, as Issuer, and BARCLAYS CAPITAL INC. and CIBC WORLD MARKETS CORP., as Initial PurchasersRegistration Rights Agreement • September 5th, 2003 • Texas New Mexico Power Co • Electric services • New York
This Agreement is entered into in connection with the Purchase Agreement, dated as of June 5, 2003, by and among the Company and the Initial Purchasers (the “Purchase Agreement”) relating to, among other things, the sale by the Company to the Initial Purchasers of $250,000,000 aggregate principal amount of the Company’s 6.125% Senior Notes due 2008 (the “Notes”). In order to induce the Initial Purchasers to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement for the benefit of the holders of Registrable Notes (as defined), including, without limitation, the Initial Purchasers. The execution and delivery of this Agreement is a condition to the Initial Purchasers’ obligation to purchase the Notes under the Purchase Agreement.
300,000,000 SIXTH AMENDMENT TO AND RESTATEMENT OF CREDIT AGREEMENT among PNM RESOURCES, INC., as Borrower, THE LENDERS IDENTIFIED HEREIN, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent MUFG UNION BANK, N.A., as Syndication Agent AND...Credit Agreement • November 6th, 2018 • Texas New Mexico Power Co • Electric services • New York
THIS SIXTH AMENDMENT TO AND RESTATEMENT OF CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of July 30, 2018 among PNM RESOURCES, INC., a New Mexico corporation, as Borrower, the Lenders and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, and is made with reference to that certain Credit Agreement dated as of October 31, 2011 (as amended by that certain First Amendment to Credit Agreement, dated as of January 18, 2012, that certain Second Amendment to Credit Agreement, dated as of October 31, 2013, that certain Third Amendment to Credit Agreement, dated as of December 17, 2014, that certain Fourth Amendment to Credit Agreement, dated as of September 9, 2015, and that certain Fifth Amendment to Credit Agreement, dated as of November 2, 2016, the “Existing Credit Agreement”), by and among the Borrower, the Lenders and the Administrative Agent.
THIRD AMENDED AND RESTATED CREDIT AGREEMENT among TEXAS-NEW MEXICO POWER COMPANY, as the Borrower, THE LENDERS IDENTIFIED HEREIN and KEYBANK NATIONAL ASSOCIATION, as Administrative AgentCredit Agreement • September 27th, 2017 • Texas New Mexico Power Co • Electric services • New York
THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of September 25, 2017 among TEXAS-NEW MEXICO POWER COMPANY, a Texas corporation (together with its successors and permitted assigns, the “Borrower”), the Lenders and KEYBANK NATIONAL ASSOCIATION, as Administrative Agent.
ContractExhibit 99 • March 1st, 2007 • Texas New Mexico Power Co • Electric services • New York
This 1997 SUPPLEMENTAL INDENTURE dated as of December 23, 1997 to Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of August 12, 1986, between STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (State Street), not in its individual capacity, but solely as Owner Trustee (the Owner Trustee) under a Trust Agreement dated as of August 12, 1986, between State Street, whose address is Two International Place, 4th Floor, Boston, Massachusetts 02110, with MFS LEASING CORP. (successor by assignment to Beneficial Leasing Group, inc.), a Delaware corporation (the Trust Agreement), and THE CHASE MANHATTAN BANK (formerly known as “Chemical Bank”), a New York banking corporation (the Indenture Trustee), whose address is 450 West 33rd Street, 15th Floor, New York, New York 10001.
March 15, 2001Personal and Confidential • March 28th, 2002 • Texas New Mexico Power Co • Electric services
We are pleased to offer you the position of Chief Financial Officer of TNP Enterprises, Inc. ("TNP") under the terms and conditions herein indicated. For purposes of this agreement the term "TNP" shall also include any affiliate or subsidiary of TNP to which you are transferred during the term of this agreement with your consent. In your position of Chief Financial Officer you will have the duties, responsibilities, and Authority normally associated with such position and will report to the Chief Executive Officer of TNP.
TEXAS-NEW MEXICO POWER COMPANY To as Trustee SEVENTEENTH SUPPLEMENTAL INDENTURE dated as of July 28, 2022 Supplemental to the First Mortgage Indenture dated as of March 23, 2009 (file no.: 09-0007931211) Establishing a series of Securities designated...Supplemental Indenture • July 28th, 2022 • Texas New Mexico Power Co • Electric services • New York
SEVENTEENTH SUPPLEMENTAL INDENTURE, dated as of July 28, 2022, between TEXAS-NEW MEXICO POWER COMPANY, a corporation organized and existing under the laws of the State of Texas (the “Company”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association (ultimate successor as trustee to The Bank of New York Mellon Trust Company, N.A.), as Trustee under the Indenture hereinafter referred to (the “Trustee”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT among TEXAS-NEW MEXICO POWER COMPANY, as the Borrower, THE LENDERS IDENTIFIED HEREIN and KEYBANK NATIONAL ASSOCIATION, as Administrative AgentCredit Agreement • September 18th, 2013 • Texas New Mexico Power Co • Electric services • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of September 18, 2013 among TEXAS-NEW MEXICO POWER COMPANY, a Texas corporation (together with its successors and permitted assigns, the “Borrower”), the Lenders and KEYBANK NATIONAL ASSOCIATION, as Administrative Agent.
CREDIT AGREEMENT among TEXAS-NEW MEXICO POWER COMPANY, as the Borrower, THE LENDERS IDENTIFIED HEREIN JPMORGAN CHASE BANK, N.A., as Administrative Agent UNION BANK, N.A., as Syndication Agent and KEYBANK NATIONAL ASSOCIATION, as Documentation Agent...Credit Agreement • May 6th, 2009 • Texas New Mexico Power Co • Electric services • New York
THIS CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of April 30, 2009 among TEXAS-NEW MEXICO POWER COMPANY, a Texas corporation (together with its successors and permitted assigns, the “Borrower”), the Lenders and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
FOURTH AMENDMENT TO AND RESTATEMENT OF CREDIT AGREEMENT among PUBLIC SERVICE COMPANY OF NEW MEXICO, as Borrower, THE LENDERS IDENTIFIED HEREIN, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent MUFG UNION BANK, N.A., as Syndication Agent...And Restatement of Credit Agreement • November 6th, 2018 • Texas New Mexico Power Co • Electric services • New York
THIS FOURTH AMENDMENT TO AND RESTATEMENT OF CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of October 9, 2018 among PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico corporation, as Borrower, the Lenders and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, and is made with reference to that certain Credit Agreement dated as of October 31, 2011 (as amended by that certain First Amendment to Credit Agreement, dated as of January 18, 2012, that certain Second Amendment to Credit Agreement, dated as of December 17, 2014 that certain Third Amendment to Credit Agreement, dated as of November 2, 2016, the “Existing Credit Agreement”), by and among the Borrower, the Lenders and the Administrative Agent.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 1st, 2007 • Texas New Mexico Power Co • Electric services • Texas
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of November 3, 2006 among PNM RESOURCES, INC., a New Mexico corporation (the “Company”), FIRST CHOICE POWER, L.P., a Texas limited partnership (“FCP”), TEXAS-NEW MEXICO POWER COMPANY, a Texas corporation (“TNMP”, collectively with the Company and FCP, the “Borrowers”), the Lenders party hereto, and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Credit Agreement (as defined below).
WAIVER AGREEMENTWaiver Agreement • October 28th, 2020 • Texas New Mexico Power Co • Electric services • New York
THIS WAIVER AGREEMENT (this “Waiver”) is entered into as of October 26, 2020, between PNMR DEVELOPMENT AND MANAGEMENT CORPORATION, a New Mexico corporation (the “Borrower”) and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Lender”). Capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in the Credit Agreement (as defined below).
WHOLESALE REQUIREMENTS POWER SALE AND SERVICES AGREEMENT BETWEEN PUBLIC SERVICE COMPANY OF NEW MEXICO AND TEXAS-NEW MEXICO POWER COMPANYAnd Services Agreement • November 4th, 2003 • Texas New Mexico Power Co • Electric services • New Mexico
This Wholesale Requirements Power Sale and Services Agreement (“Agreement”) is entered into between PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico corporation (“PNM”), as seller, and TEXAS-NEW MEXICO POWER COMPANY, a Texas corporation (“TNMP”), as purchaser. PNM and TNMP are hereinafter sometimes referred to as the “Parties” or individually as a “Party.”
TEXAS-NEW MEXICO POWER COMPANY To as Trustee FOURTEENTH SUPPLEMENTAL INDENTURE dated as of August 16, 2021 Supplemental to the First Mortgage Indenture dated as of March 23, 2009 (file no.: 09-0007931211) Establishing a series of Securities designated...Fourteenth Supplemental Indenture • August 16th, 2021 • Texas New Mexico Power Co • Electric services • New York
FOURTEENTH SUPPLEMENTAL INDENTURE, dated as of August 16, 2021, between TEXAS-NEW MEXICO POWER COMPANY, a corporation organized and existing under the laws of the State of Texas (the “Company”), and U.S. BANK NATIONAL ASSOCIATION (ultimate successor as trustee to The Bank of New York Mellon Trust Company, N.A.), as Trustee under the Indenture hereinafter referred to (the “Trustee”).
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • October 28th, 2020 • Texas New Mexico Power Co • Electric services • New York
THIS FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT (this “Amendment”) is entered into as of October 26, 2020, among PNMR DEVELOPMENT AND MANAGEMENT CORPORATION, a New Mexico corporation (the “Borrower”), the Lender party hereto and KEYBANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in the Credit Agreement (as defined below).
EIGHTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 28th, 2020 • Texas New Mexico Power Co • Electric services • New York
THIS EIGHTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is effective as of October 26, 2020, among PNM RESOURCES, INC., a New Mexico corporation (the “Borrower”), the Lenders party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”), with MUFG Bank, Ltd., as the sole bookrunner and lead arranger solely in connection with this Amendment (the “Lead Arranger”). Capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in the Credit Agreement (as defined below).
PNM RESOURCES, INC. OFFICER RETENTION PLAN (As Amended and Restated Effective as of October 20, 2020)Texas New Mexico Power Co • October 21st, 2020 • Electric services • New Mexico
Effective December 7, 1998, Public Service Company of New Mexico adopted the Public Service Company of New Mexico First Restated and Amended Executive Retention Plan (the “Plan”). By an amendment dated November 27, 2002, sponsorship of the Plan was transferred to PNM Resources, Inc. (“PNM Resources”) and the Plan was renamed the “PNM Resources, Inc. First Restated and Amended Executive Retention Plan.” Effective as of July 13, 2003, PNM Resources amended and restated the Plan in its entirety and changed the name of the Plan to the “PNM Resources, Inc. Officer Retention Plan.” The Plan has been amended and restated on a number of occasions with the most recent restatement effective as of January 1, 2012.
