HAWAIIAN ELECTRIC COMPANY, INC. AND THE BANK OF NEW YORK, AS TRUSTEE JUNIOR INDENTURE Dated as of January 1, 2004 Providing for the Issuance of Junior Subordinated Deferrable Interest Debentures in Series including % Junior Subordinated Deferrable...Junior Indenture • December 10th, 2003 • Maui Electric Co LTD • Electric services • New York
JUNIOR INDENTURE (this “Indenture” or “Junior Indenture”), dated as of January 1, 2004, by and between Hawaiian Electric Company, Inc., a corporation duly organized and existing under the laws of Hawaii (the “Company”), and The Bank of New York, a New York banking corporation, as trustee (the “Trustee”).
Amended and Restated Trust Agreement for HECO Capital Trust III Among HAWAIIAN ELECTRIC COMPANY, INC. (as Depositor) THE BANK OF NEW YORK (as Property Trustee) THE BANK OF NEW YORK (DELAWARE) (as Delaware Trustee) and THE ADMINISTRATIVE TRUSTEES NAMED...Trust Agreement • December 10th, 2003 • Maui Electric Co LTD • Electric services • Delaware
AMENDED AND RESTATED TRUST AGREEMENT of HECO Capital Trust III (the “Trust”), dated as of January 1, 2004, among (i) Hawaiian Electric Company, Inc., a Hawaii corporation (the “Depositor” or “HECO”), (ii) The Bank of New York, a New York banking corporation, as trustee (the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) T. Michael May, Richard A. von Gnechten and Lorie Ann Nagata, individuals whose address is c/o Hawaiian Electric Company, Inc., 900 Richards Street, Honolulu, Hawaii 96813 (the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee and the Administrative Trustee are referred to collectively as the “Trustees”), and (v) the several Holders (as defined herein).
EXPENSE AGREEMENTExpense Agreement • December 10th, 2003 • Maui Electric Co LTD • Electric services • New York
AGREEMENT dated as of January 1, 2004, between Hawaiian Electric Company, Inc., a Hawaii corporation (“HECO”), Maui Electric Company, Limited, a Hawaii corporation (“MECO”), Hawaii Electric Light Company, Inc., a Hawaii corporation (“HELCO”), and HECO Capital Trust III, a Delaware statutory trust (the “Trust”).
4,000,000 Preferred Securities HECO CAPITAL TRUST III [ ]% Cumulative Quarterly Income Preferred Securities, Series 2004 (“QUIPS”SM) (Liquidation Preference $25 per QUIPS) fully and unconditionally guaranteed, as set forth herein, by HAWAIIAN ELECTRIC...Underwriting Agreement • December 10th, 2003 • Maui Electric Co LTD • Electric services
Trust Guarantee Agreement Between HAWAIIAN ELECTRIC COMPANY, INC. (as Guarantor) and THE BANK OF NEW YORK (as Trust Guarantee Trustee) Dated as of January 1, 2004Trust Guarantee Agreement • December 10th, 2003 • Maui Electric Co LTD • Electric services • New York
This TRUST GUARANTEE AGREEMENT (this “Trust Guarantee”), dated as of January 1, 2004, is executed and delivered by Hawaiian Electric Company, Inc., a Hawaii corporation (the “Guarantor” or “HECO”), to The Bank of New York, a New York banking corporation, as trustee (the “Trust Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities (as defined herein) of HECO Capital Trust III, a Delaware statutory trust (the “Trust”).
Letterhead of Pillsbury Winthrop LLP] December 10, 2003Registration Statement • December 10th, 2003 • Maui Electric Co LTD • Electric services
TRUST AGREEMENT OF HECO CAPITAL TRUST IIITrust Agreement • December 10th, 2003 • Maui Electric Co LTD • Electric services • Delaware
THIS TRUST AGREEMENT is made as of November 20, 2003 (the “Trust Agreement”), by and among Hawaiian Electric Company, Inc., a Hawaii corporation, as Depositor (the “Depositor”), The Bank of New York, a New York banking corporation, as trustee (the “Property Trustee”), The Bank of New York (Delaware), a Delaware banking corporation, as trustee (the “Delaware Trustee”), and T. Michael May, Richard A. von Gnechten and Lorie Ann Nagata, acting hereunder not individually but in their capacity as trustees (collectively, together with the Property Trustee and the Delaware Trustee, the “Trustees”). The Depositor and the Trustees hereby agree as follows:
