EXHIBIT 10.173 PLEDGE AGREEMENT Dated as of March 20, 1998Pledge Agreement • April 15th, 1998 • Ls Power Funding Corp • Electric services • New York
AGREEMENTLs Power Funding Corp • March 31st, 1999 • Electric services • Delaware
AMENDMENT TO MANAGEMENT SERVICES AGREEMENTManagement Services Agreement • March 31st, 1999 • Ls Power Funding Corp • Electric services • New York
EXHIBIT 3.6.1 CONSENT, WAIVER AND AMENDMENT NO. 1 AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENTLimited Partnership Agreement • April 15th, 1998 • Ls Power Funding Corp • Electric services • Delaware
FIFTH AMENDMENT TO POWER PURCHASE AGREEMENTPower Purchase Agreement • April 15th, 1998 • Ls Power Funding Corp • Electric services • Wisconsin
by and amongSecurities Purchase Agreement • April 6th, 1998 • Ls Power Funding Corp • Electric services • New York
by and betweenOperation and Maintenance Agreement • May 17th, 1999 • Ls Power Funding Corp • Electric services • New York
EXHIBIT 10.172 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT dated as of March 20, 1998 (this "Agreement"), is made by and between LS POWER CORPORATION, a Delaware corporation (the "Assignor"), and COGENTRIX ENERGY,...Assignment and Assumption Agreement • April 15th, 1998 • Ls Power Funding Corp • Electric services • New York
INSTRUMENT OF ASSIGNMENT, RESIGNATION, APPOINTMENT, ACCEPTANCE AND DESIGNATIONAcceptance And • August 19th, 2002 • Ls Power Funding Corp • Electric services
This INSTRUMENT OF ASSIGNMENT, RESIGNATION, APPOINTMENT, ACCEPTANCE AND DESIGNATION dated as of July 26, 2002 (this "Instrument"), is hereby entered into among CREDIT LYONNAIS NEW YORK BRANCH, the New York Branch of a banking institution organized under the laws of France ("Credit Lyonnais"), DRESDNER BANK AG, NEW YORK AND GRAND CAYMAN BRANCHES, the New York and Grand Cayman Branches of a banking institution organized under the laws of Germany ("Dresdner"; provided that any reference to Dresdner acting in its role as agent under the Credit Agreement, as defined below, shall be a reference to Dresdner Bank AG, New York Branch) and LSP-WHITEWATER LIMITED PARTNERSHIP, a Delaware limited partnership (the "Partnership"). WHEREAS, Dresdner is a party to a certain Credit Agreement dated as of May 1, 1995, as amended by Amendment No. 1 thereto dated as of December 31, 1995 and Amendment No. 2 thereto dated as of June 28, 2002 (as so amended, the "Credit Agreement") among the Partnership,
AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • August 19th, 2002 • Ls Power Funding Corp • Electric services
This AMENDMENT NO. 3, dated as of July 26, 2002 (this "Amendment"), to the Credit Agreement dated as of May 1, 1995 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement") among LSP-COTTAGE GROVE, L.P., a limited partnership organized and existing under the laws of the State of Delaware (the "Partnership"), EACH OF THE LENDERS SIGNATORY THERETO (the "Lenders") and CREDIT LYONNAIS NEW YORK BRANCH, the New York Branch of a banking institution organized under the laws of France, as agent for the Lenders (in such capacity the "Agent"), is hereby entered into among the Partnership, the Lenders and the Agent. WHEREAS, the parties wish to amend certain provisions of the Credit Agreement pursuant to Section 11.04 thereof as set forth below. NOW, THEREFORE, in consideration of the premises and mutual agreements contained herein and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby a
AMENDMENT NO. 2 TO THE CREDIT AGREEMENTThe Credit Agreement • August 19th, 2002 • Ls Power Funding Corp • Electric services
This AMENDMENT NO. 2 TO THE CREDIT AGREEMENT, dated as of June 28, 2002 (this "Amendment"), is hereby entered into among LSP WHITEWATER, LIMITED PARTNERSHIP, a limited partnership organized and existing under the laws of the State of Delaware (the "Partnership"), EACH OF THE LENDERS SIGNATORY HERETO (the "Lenders") and DRESDNER BANK AG, NEW YORK BRANCH, the New York Branch of a banking corporation organized under the laws of Germany, as agent for the Lenders (in such capacity, the "Agent"). WHEREAS, the parties hereto are party to a certain Credit Agreement dated as of May 1, 1995, as amended by Amendment No. 1 thereto dated as of December 31, 1995 (as so amended and as further amended, supplemented, amended and restated or otherwise modified from time to time, the "Credit Agreement"); and WHEREAS, the parties wish to amend the Credit Agreement pursuant to Section 11.04 thereof in order to extend the maturity date thereof as set forth below. NOW, THEREFORE, the parties he
AMENDED AND RESTATED ELECTRIC CAPACITY AND ENERGY SALES AGREEMENTElectric Capacity and Energy Sales Agreement • March 31st, 2003 • Ls Power Funding Corp • Electric services
This Amended Agreement is made as of February 17, 2003, by and between Wisconsin Electric Power Company ("Buyer") and LSP-Whitewater, L.P. ("Seller").
FPP Whitewater LLC c/o ArcLight Capital Holdings, LLC 200 Clarendon Street, 55th Floor Boston, MA 02117Ls Power Funding Corp • March 31st, 2003 • Electric services
September 16 , 2002 LSP-Whitewater, Inc. c/o Cogentrix Whitewater, LLC c/o Cogentrix Energy, Inc. 9405 Arrowpoint Boulevard Charlotte, North Carolina 28273 Attn: General Counsel and Thomas Schwartz Ladies and Gentlemen: Pursuant to a Membership Interests Purchase Agreement by and between Tomen Power Corporation ("TPC") and Fort Point Power LLC ("FPP") dated as of July 1, 2002, as amended, FPP purchased TPC's membership interests in TPC Funding LLC ("Funding"), which held stock in TPC Whitewater, Inc. ("TPC Whitewater"), the effect of which was to indirectly transfer TPC Whitewater to FPP (the "Transaction"). The Transaction closed on September 4, 2002. Prior to the closing of the Transaction, Funding converted TPC Whitewater from a "C" corporation to a limited liability company (the "Conversion"). The Conversion took place on September 3, 2002. As a result of and upon the closing of the Transaction and the consummation of the Conversion, TPC Whitewater's name and loc
SIXTH AMENDMENT TO POWER PURCHASE AGREEMENTPower Purchase Agreement • May 15th, 2003 • Ls Power Funding Corp • Electric services • Wisconsin
This Sixth Amendment is made as of February 17 , 2002, to the Power Purchase Agreement between LSP-Whitewater, L. P. ("Seller") and Wisconsin Electric Power Company ("Buyer") dated as of December 21, 1993 and as previously amended. WHEREAS, the parties have determined to amend the Agreement as provided herein. NOW, THEREFORE, in consideration of the promises and of the mutual promises contained herein, the parties agree to and hereby do amend the Agreement as set forth herein.
AMENDMENT NO. 2 TO THE CREDIT AGREEMENTThe Credit Agreement • August 19th, 2002 • Ls Power Funding Corp • Electric services
This AMENDMENT NO. 2 TO THE CREDIT AGREEMENT, dated as of June 28, 2002 (this "Amendment"), is hereby entered into among LSP-COTTAGE GROVE, L.P., a limited partnership organized and existing under the laws of the State of Delaware (the "Partnership"), EACH OF THE LENDERS SIGNATORY HERETO (the "Lenders") and DRESDNER BANK AG, NEW YORK BRANCH, the New York Branch of a banking corporation organized under the laws of Germany, as agent for the Lenders (in such capacity, the "Agent"). WHEREAS, the parties hereto are party to a certain Credit Agreement dated as of May 1, 1995, as amended by Amendment No. 1 thereto dated as of December 31, 1995 (as so amended and as further amended, supplemented, amended and restated or otherwise modified from time to time, the "Credit Agreement"); and WHEREAS, the parties wish to amend the Credit Agreement pursuant to Section 11.04 thereof in order to extend the maturity date thereof as set forth below. NOW, THEREFORE, the parties hereto hereby a
FPP Cottage Grove LLC c/o ArcLight Capital Holdings, LLC 200 Clarendon Street, 55th Floor Boston, MA 02117Ls Power Funding Corp • March 31st, 2003 • Electric services
September 16 , 2002 LSP-Cottage Grove, Inc. c/o Cogentrix Cottage Grove, LLC c/o Cogentrix Energy, Inc. 9405 Arrowpoint Boulevard Charlotte, North Carolina 28273 Attn: General Counsel and Thomas Schwartz Ladies and Gentlemen: Pursuant to a Membership Interests Purchase Agreement by and between Tomen Power Corporation ("TPC") and Fort Point Power LLC ("FPP") dated as of July 1, 2002, as amended, FPP purchased TPC's membership interests in TPC Funding LLC ("Funding"), which held stock in TPC Cottage Grove, Inc. ("TPC Cottage Grove"), the effect of which was to indirectly transfer TPC Cottage Grove to FPP (the "Transaction"). The Transaction closed on September 4, 2002. Prior to the closing of the Transaction, Funding converted TPC Cottage Grove from a "C" corporation to a limited liability company (the "Conversion"). The Conversion took place on September 3, 2002. As a result of and upon the closing of the Transaction and the consummation of the Conversion, TPC Cottage
