INCLUDINGPurchase Agreement • October 17th, 2005 • Empire District Electric Co • Electric services • New York
andRights Agreement • May 15th, 2000 • Empire District Electric Co • Electric services • Kansas
TOSupplemental Indenture • September 13th, 1999 • Empire District Electric Co • Electric services
AGREEMENT AND PLAN OF MERGER Between THE EMPIRE DISTRICT ELECTRIC COMPANY and UTILICORP UNITED INC. Dated as of May 10, 1999Merger Agreement • May 14th, 1999 • Empire District Electric Co • Electric services • Kansas
THE EMPIRE DISTRICT ELECTRIC COMPANY Common Stock (par value $1.00 per share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 26th, 2009 • Empire District Electric Co • Electric services • New York
AGREEMENT AND PLAN OF MERGER by and among THE EMPIRE DISTRICT ELECTRIC COMPANY, LIBERTY UTILITIES (CENTRAL) CO. and LIBERTY SUB CORP. Dated as of February 9, 2016Merger Agreement • February 9th, 2016 • Empire District Electric Co • Electric services • New York
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of February 9, 2016, is by and among THE EMPIRE DISTRICT ELECTRIC COMPANY, a Kansas corporation (the “Company”), LIBERTY UTILITIES (CENTRAL) CO., a Delaware corporation (“Parent”), and LIBERTY SUB CORP., a Kansas corporation (“Merger Sub” and, together with the Company and Parent, the “Parties”).
THE EMPIRE DISTRICT ELECTRIC COMPANY $60,000,000 First Mortgage Bonds, 4.27% Series due 2044Bond Purchase Agreement • October 16th, 2014 • Empire District Electric Co • Electric services • New York
Exhibit 4(u) THE EMPIRE DISTRICT ELECTRIC COMPANY CERTIFICATE OF DESIGNATION DESCRIPTION AND CERTAIN TERMS OF SERIES __ PREFERENCE STOCK, NO PAR VALUE The Empire District Electric Company (the "Company"), a corporation organized and existing under and...Certificate of Designation • October 17th, 2005 • Empire District Electric Co • Electric services
Third Amended and Restated Unsecured Credit Agreement Revolving Credit Commitment: $150,000,000 Dated as of January 17, 2012 Among The Empire District Electric Company as Borrower and UMB Bank, N.A. Individually And As Administrative Agent and Bank of...Unsecured Credit Agreement • January 19th, 2012 • Empire District Electric Co • Electric services • Missouri
We act as Kansas counsel to The Empire District Electric Company, a Kansas corporation (the “Company”). We are delivering this opinion to you pursuant to Section 5.1(b) of the five year $150,000,000 Third Amended and Restated Unsecured Credit Agreement dated as of January 17, 2012 among the Company, UMB Bank, N.A., individually and as Administrative Agent, Bank of America, N.A., individually and as Syndication Agent, Wells Fargo Bank, N.A., individually and as Documentation Agent and the other financial institutions party thereto (the “Credit Agreement”).
The Empire District Electric Company Form of Purchase Agreement First Mortgage BondsPurchase Agreement • January 31st, 2011 • Empire District Electric Co • Electric services • New York
We refer to the First Mortgage Bonds of The Empire District Electric Company (the “Company”), a Kansas corporation, covered by Registration Statement No. 333-______, which became effective on _________________ (the “Registration Statement”). On the basis of the representations, warranties and agreements contained in this Agreement, but subject to the terms and conditions herein set forth, the purchaser or purchasers named in Schedule A hereto (the “Purchasers”) agree to purchase, severally, and the Company agrees to sell to the Purchasers, severally, the respective principal amounts of the Company's First Mortgage Bonds referred to below (the “Purchased Bonds”) set forth opposite the name of each Purchaser on Schedule A hereto.
The Empire District Electric Company Form of Purchase Agreement Preference StockPurchase Agreement • January 31st, 2011 • Empire District Electric Co • Electric services • New York
We refer to the Preference Stock, no par value, of The Empire District Electric Company (the “Company”), a Kansas corporation, covered by Registration Statement No. 333-________, which became effective on _________________ (the “Registration Statement”). On the basis of the representations, warranties and agreements contained in this Agreement, but subject to the terms and conditions herein set forth, the purchaser or purchasers named in Schedule A hereto (the “Purchasers”) agree to purchase, severally, and the Company agrees to sell to the Purchasers, severally, the respective numbers of shares of the Company’s Preference Stock referred to below (the “Firm Preference Stock”) set forth opposite the name of each Purchaser on Schedule A hereto. The Company also grants to the Purchasers an option to purchase _______ additional shares of the Company’s Preference Stock (the “Additional Preference Stock”) on the terms and conditions contained in this Agreement for the sole purpose of coverin
The Empire District Electric Company Form of Purchase Agreement Common StockPurchase Agreement • January 31st, 2011 • Empire District Electric Co • Electric services • New York
We refer to the Common Stock, $1.00 par value, of The Empire District Electric Company (the “Company”), a Kansas corporation, covered by Registration Statement No. 333-________, which became effective on _________________ (the “Registration Statement”). On the basis of the representations, warranties and agreements contained in this Agreement, but subject to the terms and conditions herein set forth, the purchaser or purchasers named in Schedule A hereto (the “Purchasers”) agree to purchase, severally, and the Company agrees to sell to the Purchasers, severally, the respective numbers of shares of the Company’s Common Stock referred to below (the “Firm Common Stock”) set forth opposite the name of each Purchaser on Schedule A hereto. The Company also grants to the Purchasers an option to purchase _______ additional shares of the Company’s Common Stock (the “Additional Common Stock”) on the terms and conditions contained in this Agreement for the sole purpose of covering over-allotments
The Empire District Electric Company Form of Purchase Agreement Unsecured Debt SecuritiesPurchase Agreement • January 31st, 2011 • Empire District Electric Co • Electric services • New York
We refer to the unsecured debt securities of The Empire District Electric Company (the “Company”), a Kansas corporation, covered by Registration Statement No. 333-__________, which became effective on _______________ (the “Registration Statement”). On the basis of the representations, warranties and agreements contained in this Agreement, but subject to the terms and conditions herein set forth, the purchaser or purchasers named in Schedule A hereto (the “Purchasers”) agree to purchase, severally, and the Company agrees to sell to the Purchasers, severally, the respective principal amounts of the Company’s unsecured debt securities referred to below (the “Purchased Debt Securities”) set forth opposite the name of each Purchaser on Schedule A hereto.
GUARANTEEGuarantee • February 9th, 2016 • Empire District Electric Co • Electric services • Delaware
THIS GUARANTEE (this “Guarantee”) is made as of February 9, 2016, by Algonquin Power & Utilities Corp., a corporation organized under the Laws of Canada (“Guarantor”), in favor of The Empire District Electric Company, a Kansas corporation (the “Company”). Capitalized terms used but not defined herein have the meanings given to such terms in the Merger Agreement (defined below).
THE EMPIRE DISTRICT ELECTRIC COMPANY $60,000,000 First Mortgage Bonds, 3.59% Series due 2030 BOND PURCHASE AGREEMENT Dated June 11, 2015Bond Purchase Agreement • June 12th, 2015 • Empire District Electric Co • Electric services • New York
SEVERANCE PAY AGREEMENTSeverance Pay Agreement • March 3rd, 2008 • Empire District Electric Co • Electric services • Missouri
THIS AGREEMENT dated as of ____________, between THE EMPIRE DISTRICT ELECTRIC COMPANY (the “Company”), a Kansas corporation, having its principal offices at 602 Joplin Street, Joplin, Missouri, and ___________________, residing at _______________________, (the “Executive”),
FIRST AMENDMENTFirst Amendment to Credit Agreement • October 24th, 2016 • Empire District Electric Co • Electric services • New York
THIS FIRST AMENDMENT (this “Agreement”) is dated as of October 20, 2016 and is entered into by and among THE EMPIRE DISTRICT ELECTRIC COMPANY, a Kansas corporation (the “Borrower”), the Lenders party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (“Administrative Agent”), and is made with reference to that certain Credit Agreement dated as of October 20, 2014 by and among the Borrower, the Lenders party thereto, and the Administrative Agent (as amended prior to the date hereof, the “Credit Agreement”). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement after giving effect to this Agreement.
Asset Purchase Agreement by and between Aquila, Inc. and The Empire District Electric Company Dated: September 21, 2005Asset Purchase Agreement • September 23rd, 2005 • Empire District Electric Co • Electric services • Missouri
Asset Purchase Agreement (“Agreement”), made as of September 21, 2005, by and between Aquila, Inc., a Delaware corporation (“Seller”), and The Empire District Electric Company, a Kansas corporation (“Buyer”).
THE EMPIRE DISTRICT GAS COMPANY First Mortgage Bonds, 6.82% Series due 2036Bond Purchase Agreement • June 6th, 2006 • Empire District Electric Co • Electric services • New York
THE EMPIRE DISTRICT GAS COMPANY, a Kansas corporation (the “Company”), agrees with each of the purchasers whose names appear at the end hereof (each, a “Purchaser” and, collectively, the “Purchasers”) as follows:
THE EMPIRE DISTRICT ELECTRIC COMPANY TO HARRIS TRUST AND SAVINGS BANK AND STATE STREET BANK AND TRUST COMPANY OF MISSOURI, N.A. Trustees Twenty-Ninth Supplemental Indenture Dated as of April 1, 1998 (Supplemental to Indenture dated as of September 1,...Twenty-Ninth Supplemental Indenture • May 12th, 1998 • Empire District Electric Co • Electric services
SEVERANCE PAY AGREEMENTSeverance Pay Agreement • March 6th, 2007 • Empire District Electric Co • Electric services • Missouri
THIS AGREEMENT dated as of __________, 2001, between THE EMPIRE DISTRICT ELECTRIC COMPANY (the "Company"), a Kansas corporation, having its principal offices at 602 Joplin Street, Joplin, Missouri, and (the "Executive"), residing at ____________.
THE EMPIRE DISTRICT ELECTRIC COMPANY TO HARRIS TRUST AND SAVINGS BANK AND STATE STREET BANK AND TRUST COMPANY OF MISSOURI, N.A. TrusteesThirtieth Supplemental Indenture • August 13th, 1999 • Empire District Electric Co • Electric services • Missouri
FIRST AMENDMENT TO UNSECURED CREDIT AGREEMENTUnsecured Credit Agreement • May 14th, 2003 • Empire District Electric Co • Electric services • Missouri
This First Amendment to that certain 370-day, $100,000,000 Unsecured Credit Agreement (the “Agreement”) dated as of May 7, 2002, by and among The Empire District Electric Company, as Borrower, UMB Bank, N.A., individually and as Administrative Agent, Bank of America, N.A., individually and as Syndication Agent and the other financial institutions party thereto, as Lenders, is made as of this 17th day of April, 2003, by and among the parties hereto. Capitalized terms used herein but not otherwise defined have the meanings set forth in the Agreement.
INDEMNITY AGREEMENTIndemnity Agreement • February 10th, 2009 • Empire District Electric Co • Electric services • Kansas
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of ________________, by and between The Empire District Electric Company, a Kansas corporation (the “Company”), and ______________ (“Indemnitee”).
AMENDMENT TO SEVERANCE PAY AGREEMENTSeverance Pay Agreement • March 5th, 2002 • Empire District Electric Co • Electric services
THIS AGREEMENT dated as of , between THE EMPIRE DISTRICT ELECTRIC COMPANY (the "Company"), a Kansas corporation, having its principal offices at 602 Joplin Street, Joplin, Missouri, and , residing at (the "Executive").
CREDIT AGREEMENT dated as of October 20, 2014, among THE EMPIRE DISTRICT ELECTRIC COMPANY, as Borrower, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender and Issuing Bank, ROYAL BANK OF CANADA, UMB BANK, N.A. and as...Credit Agreement • October 22nd, 2014 • Empire District Electric Co • Electric services • New York
THIS CREDIT AGREEMENT, dated as of the 20th day of October, 2014, is made among THE EMPIRE DISTRICT ELECTRIC COMPANY, a Kansas corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders, Swingline Lender and Issuing Bank.
FIVE YEAR $150,000,000 UNSECURED CREDIT AGREEMENT DATED AS OF JULY 15, 2005 AMONG THE EMPIRE DISTRICT ELECTRIC COMPANY AS BORROWER AND UMB BANK, N.A. INDIVIDUALLY AND AS ADMINISTRATIVE AGENT AND BANK OF AMERICA, N.A. INDIVIDUALLY AND AS SYNDICATION...Unsecured Credit Agreement • August 8th, 2005 • Empire District Electric Co • Electric services • Missouri
The undersigned, The Empire District Electric Company, a Kansas corporation (the “Company”) hereby applies to you for your several commitments, subject to all the terms and conditions hereof and on the basis of representations and warranties hereinafter set forth, to make an unsecured revolving credit (the “Revolving Credit”) available to the Company, all as more fully set forth herein. Each of you is hereinafter referred to individually as “Bank” and collectively as “Banks.” UMB Bank, N.A., in its individual capacity is sometimes referred to herein as “UMB”, and in its capacity as Administrative Agent for the Banks is hereinafter in such capacity referred to as the “Agent.” All capitalized terms not defined in the text of this Agreement are defined in Section 1 hereof.
SECOND AMENDMENT TO UNSECURED CREDIT AGREEMENTUnsecured Credit Agreement • March 15th, 2005 • Empire District Electric Co • Electric services • Missouri
This Second Amendment (“Second Amendment”) is made by and among the parties hereto as of this 22nd day of October, 2004, to that certain $100,000,000 Unsecured Credit Agreement originally dated as of May 7, 2002, by and among The Empire District Electric Company, as Borrower, UMB Bank, N.A., individually and as Administrative Agent (“Agent”), Bank of America, N.A., individually and as Syndication Agent and the other financial institutions party thereto, as Lenders, as previously amended as of April 17, 2003, (the “Agreement”). Capitalized terms used herein but not otherwise defined have the meanings set forth in the Agreement.
FIRST AMENDED AND RESTATED UNSECURED CREDIT AGREEMENTUnsecured Credit Agreement • March 16th, 2006 • Empire District Electric Co • Electric services • Missouri
We act as Kansas counsel to The Empire District Electric Company, a Kansas corporation (the “Company”). We are delivering this opinion to you pursuant to Section 5.1(b) of the Five Year $150,000,000 Unsecured Credit Agreement dated as of July 15, 2005 among the Company, UMB Bank, N.A., individually and as Administrative Agent, Bank of America, N.A., individually and as Syndication Agent, and the other financial institutions party thereto (the “Credit Agreement”).
THE EMPIRE DISTRICT ELECTRIC COMPANY Common Stock (par value $1.00 per share) AMENDMENT NO. 1 TO EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • October 22nd, 2009 • Empire District Electric Co • Electric services
