AMENDMENT NO. 1 – CREDIT AGREEMENT (AESC)
Exhibit 10.6
Execution Version
AMENDMENT NO. 1 – CREDIT AGREEMENT (AESC)
AMENDMENT NO. 1, dated as of September [ ], 2007 (this “Amendment”), in respect of the Credit Agreement (the “Credit Agreement”), dated as of May 2, 2006, among Allegheny Energy Supply Company, LLC (the “Borrower”), the Initial Lenders, the Swing Line Bank and the Initial Issuing Bank named therein, and Citicorp USA, Inc., as Administrative Agent. Capitalized terms not otherwise defined herein shall have the same meanings as set forth in the Credit Agreement.
PRELIMINARY STATEMENT
The Borrower has requested that the Revolving Facility be increased in the amount of $200 million and the Borrower be permitted to make cash dividends from time to time to the Parent, including with the proceeds of the Revolving Facility.
SECTION 1. Amendment. Subject to the satisfaction of the conditions precedent set forth in Section 2, the Required Lenders, the Borrower, and all of the Revolving Lenders listed on the signature pages hereof as Increasing Revolving Lenders (each, an “Increasing Revolving Lender”) hereby agree as follows:
(a) Schedule I to the Credit Agreement is amended and replaced in its entirety with Exhibit A attached hereto.
(b) To amend Section 2.15 of the Credit Agreement by inserting the text that appears below as bolded and underlined:
The proceeds of the Advances and issuances of any Letter of Credit shall be available (and the Borrower agrees that it shall use proceeds of Advances made to it and each Letter of Credit issued at its request) solely (a) in the case of the Term Borrowing and, to the extent proceeds of such Revolving Borrowing are not applied in accordance with clause (b) below, each Revolving Borrowing on the Closing Date, to repay in full the Existing Debt, (b) in the case of each subsequent Revolving Borrowing (and each Revolving Borrowing comprising the Initial Borrowing that is not required to pay the Existing Debt) and Letter of Credit, for working capital for the Borrower and its Subsidiaries and to make cash dividends from time to time to the Parent to the extent permitted under Section 5.02(f)(i)(F) and (c) in the case of any additional borrowing made pursuant to Section 2.16, for general corporate purposes.
(c) To amend Section 5.02(f)(i) of the Credit Agreement by inserting the text that appears below as bolded and underlined and deleting the text that appears below as struck through:
the Borrower may (A) declare and pay cash dividends and distributions with respect to the ML Interests to the extent required under the Constituent Documents of the Borrower as in effect on the Closing Date, (B) make payments to the Parent in respect of reimbursement obligations under any drawn letter of credit posted by the Parent on behalf of the Borrower or any of its Subsidiaries to support Obligations of the Borrower or such
| Amendment No. 1 AESC Credit Agreement |
Subsidiary undertaken in the ordinary course of business and not for speculative purposes, (C) issue and sell shares of its Equity Interests, (D) commencing with the Fiscal Year ending December 31, 2006, declare and pay cash dividends to the Parent in an aggregate amount in any Fiscal Year not to exceed the greater of (1) $25,000,000 or (2) if the Borrower’s Leverage Ratio as of the last day of the Fiscal Year immediately preceding the Fiscal Year in which such dividend is paid was less than (I) 4.50:1.00, 25% of the Borrower’s Consolidated Net Income for the Fiscal Year immediately preceding the Fiscal Year in which such dividend is paid or (II) 3.50:1.00, 50% of the Borrower’s Consolidated Net Income for the Fiscal Year immediately preceding the Fiscal Year in which such dividend is paid, and (E) make any equity Investment in any of its Subsidiaries permitted under Section 5.02(e), and (F) declare and pay cash dividends from time to time to the Parent in an aggregate amount not to exceed $300,000,000 to the extent the Borrower delivers, at the time of each such payment, an Officer’s Certificate to the Administrative Agent certifying that such dividend shall be applied directly or indirectly by the Parent to make Investments in a Subsidiary of the Parent;
SECTION 2. Conditions to Effectiveness. This Amendment shall become effective when, and only when, the Administrative Agent shall have received (a) counterparts of this Amendment executed by the Borrower, the Required Lenders and all of the Increasing Revolving Lenders or, as to any of such Lenders, advice satisfactory to the Administrative Agent that such Lender has executed this Amendment and (b) to the extent requested, a Revolving Note of the Borrower for the account of each Increasing Revolving Lender that has so requested, in an amount equal to the Revolving Commitment of such Increasing Revolving Lender as set forth on Exhibit A hereto. The effectiveness of this Amendment is further conditioned upon the accuracy of the factual matters described herein. This Amendment is subject to the provisions of Section 8.01 of the Credit Agreement.
SECTION 3. Representations and Warranties of the Borrower. The Borrower hereby represents and warrants as follows:
(a) The Borrower is a limited liability company, duly organized, validly existing and in good standing under the laws of the State of Delaware.
(b) Its execution, delivery and performance of this Amendment, are within its powers, have been duly authorized by all necessary corporate action, and do not and will not (i) contravene its Constituent Documents, (ii) violate any law, rule, regulation (including Regulation X of the Board of Governors of the Federal Reserve System), order, writ, judgment, injunction, decree, determination or award, (iii) conflict with or result in the breach of, or constitute a default or require any payment to be made under, any material contract, loan agreement, indenture, mortgage, deed of trust, lease or other instrument binding on or affecting it or any of its properties or (iv) result in or require the creation or imposition of any Lien upon or with respect to any of its Assets, except where, in the cases of clauses (i) through (iv), the violation of any such Constituent Documents, law, rule, regulation, order, writ, judgment, injunction, decree, determination or award or in breach of any such contract, loan agreement, indenture, mortgage, deed of trust, lease or other instrument, or creation or imposition of such Lien, could not be reasonably expected to have a Material Adverse Effect.
| 2 | Amendment No. 1 AESC Credit Agreement |
(c) No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority is required for the due execution, delivery or performance by it of this Amendment.
(d) This Amendment has been duly executed and delivered by it. This Amendment is its legal, valid and binding obligations, enforceable against it in accordance with its terms, except to the extent limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
(e) No Default has occurred and is continuing.
SECTION 4. Reference to and Effect on the Credit Agreement. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in each of the other Financing Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) The Credit Agreement, as specifically amended by this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender Party or the Administrative Agent under any of the Financing Documents, nor constitute a waiver of any provision of any of the Financing Documents.
SECTION 5. Costs and Expenses. The Borrower agrees to pay on demand all costs and expenses of the Administrative Agent in connection with the preparation, execution, delivery and administration, modification and amendment of this Amendment and the other instruments and documents to be delivered hereunder (including, without limitation, the reasonable fees and expenses of counsel for the Administrative Agent) in accordance with the terms of section 8.04 of the Credit Agreement.
SECTION 6. Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same agreement. Delivery of an executed counterpart of a signature page to this Amendment by telecopier shall be effective as delivery of a manually executed counterpart of this Amendment.
SECTION 7. Governing Law. This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York.
| 3 | Amendment No. 1 AESC Credit Agreement |
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective officers thereunto duly authorized, as of the date first above written.
| ALLEGHENY ENERGY SUPPLY COMPANY, LLC, | ||
| as Borrower | ||
| By | /s/ Xxxxx X. Xxxxxxxx | |
| Name: | Xxxxx X. Xxxxxxxx | |
| Title: | Treasurer | |
| Amendment No. 1 AESC Credit Agreement |
| CITICORP USA, INC., | ||
| as Administrative Agent | ||
| By | /s/ Xxxxxxx Xxxxxxx | |
| Name: | Xxxxxxx Xxxxxxx | |
| Title: | Vice President | |
| Amendment No. 1 AESC Credit Agreement |
| CITICORP USA, INC., | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxxxx Xxxxxxx | |
| Name: | Xxxxxxx Xxxxxxx | |
| Title: | Vice President | |
| Amendment No. 1 AESC Credit Agreement |
| The Bank of Nova Scotia, | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxx Xxxxxx | |
| Name: | Xxxxx Xxxxxx | |
| Title: | Managing Director | |
| Amendment No. 1 AESC Credit Agreement |
| PNC BANK, NATIONAL ASSOCIATION, | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxxx X. Xxxxxxx | |
| Name: | Xxxxxx X. Xxxxxxx | |
| Title: | Vice President | |
| Amendment No. 1 AESC Credit Agreement |
| Xxxxx Fargo Bank, National Association, | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxxxx XxXxx | |
| Name: | Xxxxxxx XxXxx | |
| Title: | Vice President & Senior Relationship Manager | |
| Amendment No. 1 AESC Credit Agreement |
| Sovereign Bank, | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxxx Xxxxxxx | |
| Name: | Xxxxxx Xxxxxxx | |
| Title: | Senior Vice President | |
| Amendment No. 1 AESC Credit Agreement |
| XXXXXXX SACHS CREDIT PARTNERS L.P., | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxx Xxxxxx | |
| Name: | Xxxx Xxxxxx | |
| Title: | Authorized Signatory | |
| Amendment No. 1 AESC Credit Agreement |
| JPMorgan Chase Bank, N.A., | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxxxx XxXxxxx | |
| Name: | Xxxxxxx XxXxxxx | |
| Title: | Executive Director | |
| Amendment No. 1 AESC Credit Agreement |
| CREDIT SUISSE, Cayman Islands Branch, | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxxx Xxxxxxxx | |
| Name: | Xxxxxx Xxxxxxxx | |
| Title: | Director | |
| By | /s/ Xxxxxxx Xxxxx | |
| Name: | Xxxxxxx Xxxxx | |
| Title: | Associate | |
| Amendment No. 1 AESC Credit Agreement |
| BANK OF AMERICA, N.A., | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxx Xxxxxxxxx | |
| Name: | Xxxxx Xxxxxxxxx | |
| Title: | Senior Vice President | |
| Amendment No. 1 AESC Credit Agreement |
| BNP PARIBAS, | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxx X’Xxxxx | |
| Name: | Xxxxx X’Xxxxx | |
| Title: | Managing Director | |
| By | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: | Xxxxxxx X. Xxxxxxx | |
| Title: | Managing Director | |
| Amendment No. 1 AESC Credit Agreement |
| UNION BANK OF CALIFORNIA, N.A., | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxx X. Xxxxxxx | |
| Name: | Xxxxx X. Xxxxxxx | |
| Title: | Vice President | |
| Amendment No. 1 AESC Credit Agreement |
| XXXXXX XXXXXXX BANK, | ||
| as Increasing Revolving Lender | ||
| By | /s/ Xxxxxx Xxxxxx | |
| Name: | Xxxxxx Xxxxxx | |
| Title: | Authorized Signatory | |
| Amendment No. 1 AESC Credit Agreement |
| Bear Xxxxxxx Corporate Lending, Inc., | ||
| as Lender | ||
| By | /s/ Xxxxxx Xxxxxxxxxxxx | |
| Name: | Xxxxxx Xxxxxxxxxxxx | |
| Title: | Vice President | |
| Amendment No. 1 AESC Credit Agreement |
| Bayerische Landesbank, | ||
| as Lender | ||
| By | /s/ Xxxxxxxxxxx Xxxx | |
| Name: | Xxxxxxxxxxx Xxxx | |
| Title: | Vice President | |
| By | /s/ Xxxxx X. Xxxxxx | |
| Name: | Xxxxx X. Xxxxxx | |
| Title: | Vice President | |
| Amendment No. 1 AESC Credit Agreement |
| BARCLAYS BANK PLC, | ||
| as Lender | ||
| By | /s/ Xxxxxxxx Xxxx | |
| Name: | Xxxxxxxx Xxxx | |
| Title: | Director | |
| Amendment No. 1 AESC Credit Agreement |
| National City Bank, | ||
| as Lender | ||
| By | /s/ Xxxxx X. Xxxxxxx | |
| Name: | Xxxxx X. Xxxxxxx | |
| Title: | Senior Vice President | |
| Amendment No. 1 AESC Credit Agreement |
| Commerzbank, AG New York and Grand Cayman Branches, | ||
| as Lender | ||
| By | /s/ Xxxxxx X. Xxxxxxxx | |
| Name: | Xxxxxx X. Xxxxxxxx | |
| Title: | Senior Vice President | |
| /s/ Xxxxx Xxxxx | ||
| Xxxxx Xxxxx | ||
| Assistant Treasurer | ||
| Amendment No. 1 AESC Credit Agreement |
Exhibit A
Schedule I to the Credit Agreement
| Amendment No. 1 AESC Credit Agreement |
Commitments and Applicable Lending Offices
| Lender |
Revolving Credit Commitment US$ Dollars |
Term Commitment US$ Dollars |
Euro Lending Office |
U.S. Lending Office | ||||
| Citicorp USA, Inc. | 42,130,299.91 | 48,569,316.75 | Citicorp USA, Inc. c/o Citigroup Global Markets 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 ATTN: Xxxxx Xxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 E-mail: xxxxx.xxxxxxxx@xxxx.xxx |
Citicorp USA, Inc. c/o: Citigroup Global Markets 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 ATTN: Xxxxx Xxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 E-mail: xxxxx.xxxxxxxx@xxxx.xxx | ||||
| Bank of America, N.A. | 39,630,299.90 | 0 | Bank of America, N.A.
Operations Contact: |
Bank of America, N.A.
Operations Contact: | ||||
| Amendment No. 1 AESC Credit Agreement |
SCHEDULE 1
TO THE CREDIT AGREEMENT
| The Bank of Nova Scotia | 42,130,299.90 | 38,830,072.98 | The Bank of Nova Scotia
Operations Contact: |
The Bank of Nova Scotia
Operations Contact: |
SCHEDULE 1
TO THE CREDIT AGREEMENT
| Scotiabanc, Inc. | 0 | 38,956,975.23 | Scotiabanc, Inc. Telephone: 000-000-0000 or
Administrative Contact: |
Scotiabanc, Inc.
Administrative Contact: |
SCHEDULE 1
TO THE CREDIT AGREEMENT
| Credit Suisse, Cayman Islands Branch | 34,873,319.54 | 64,889,348.51 | Credit Suisse, Xxxxxx Xxxxxxx Xxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000 ATTN: Xxx Xxxxxxxx / Xxxx Xxxxxxxx / Xx Xxxxxxxxx Telephone: 000-000-0000 or 212-538-1244 or 000-000-0000 Fax: 000-000-0000 or 000-000-0000 or 000-000-0000 E-mail: xxxxxx.xxxxxxxx@xxxxxx-xxxxxx.xxx xxxxxxx.xxxxxxxx@xxxxxx-xxxxxx.xxx |
Credit Suisse, Cayman Islands Branch Eleven Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000 ATTN: Xxx Xxxxxxxx / Xxxx Xxxxxxxx / Xx Xxxxxxxxx Telephone: 000-000-0000 or 212-538-1244 or 000-000-0000 Fax: 000-000-0000 or 000-000-0000 or 000-000-0000 E-mail: xxxxxx.xxxxxxxx@xxxxxx-xxxxxx.xxx xxxxxxx.xxxxxxxx@xxxxxx-xxxxxx.xxx | ||||
| JPMorgan Chase Bank, N.A. | 37,373,319.54 | 64,889,348.51 | JPMorgan Chase Bank, N.A.
Primary Credit Contact:
Operations
Contact: |
JPMorgan Chase Bank, N.A.
Primary Credit Contact:
Operations
Contact: | ||||
SCHEDULE 1
TO THE CREDIT AGREEMENT
| BNP Paribas | 35,511,892.45 | 57,936,918.30 | BNP Paribas
Operations Contact: Investor Address: 000 XXXXX XXXXXXX XXXXX 000 XXXXXXX XX XX-00000 Contact Key: OC4500AGY Contact Name: XXXX AU Telephone #:
000-000-0000 Fax #: 000-000-0000 |
BNP Paribas
Operations Contact:
Investor Address: 000 XXXXX XXXXXXX XXXXX 000 XXXXXXX XX XX-00000 Contact Key: OC4500AGY Contact Name: XXXX AU Telephone #: 000-000-0000 Fax #: 000-000-0000 | ||||
| Xxxxxxx Sachs Credit Partners L.P. | 22,841,261.63 | 24,015,746.50 | Xxxxxxx Xxxxx Credit Partners L.P.
Primary Contact: 00 Xxxxxx Xxxxxx, 00xx Xxxxx |
Xxxxxxx Sachs Credit Partners L.P. 0 Xxx Xxxx Xxxxx, 00xx Xxxxx
Primary Contact: | ||||
SCHEDULE 1
TO THE CREDIT AGREEMENT
| Barclays Bank PLC | 10,341,261.63 | 38,624,612.21 | Barclays Bank PLC
Administrative
Contact: |
Barclays Bank PLC
Administrative
Contact: | ||||
| Bayerische Landesbank | 10,341,261.63 | 38,624,612.21 | Bayerische Landesbank – New York Branch
Operations Contact: |
Bayerische Landesbank – New York Branch
Operations Contact: | ||||
SCHEDULE 1
TO THE CREDIT AGREEMENT
| Commerzbank AG, New York and Grand Cayman Branches |
8,273,009.31 | 14,000,000.00 | Commerzbank AG, New York
Operations Contact: |
Commerzbank AG, New York
Operations Contact: |
SCHEDULE 1
TO THE CREDIT AGREEMENT
| Bayerische Hypo- und Vereinsbank AG, New York Branch | 7,238,883.14 | 27,037,228.55 | Bayerische Hypo-und Vereinsbank AG
Operations Contact: |
Xxxxxxxxxx Xxxx-xxx Xxxxxxxxxxx XX
Operations Contact: | ||||
| Bear Xxxxxxx Corporate Lending Inc. | 6,204,756.98 | 23,174,767.32 | Bear Xxxxxxx Corporate Lending Inc. c/o: Bear, Xxxxxxx & Co. Inc. 000 Xxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000 ATTN: Xxxx Xxxxxxx / Xxxxxxx Xxxxxxxx Telephone: 000-000-0000 / 8871 Fax: 000-000-0000 or 000-000-0000 E-mail: xxxxxxxx@xxxx.xxx xxxxxxxxx@xxxx.xxx |
Bear Xxxxxxx Corporate Lending Inc. c/o: Bear, Xxxxxxx & Co. Inc. 000 Xxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000 ATTN: Xxxx Xxxxxxx / Xxxxxxx Xxxxxxxx Telephone: 000-000-0000 / 8871 Fax: 000-000-0000 or 000-000-0000 E-mail: xxxxxxxx@xxxx.xxx xxxxxxxxx@xxxx.xxx | ||||
SCHEDULE 1
TO THE CREDIT AGREEMENT
| Union Bank of California, N.A. |
12,670,630.82 | 19,312,306.10 | Union Bank of California, N.A.
Operations Contact: |
Union Bank of California, N.A.
Operations Contact: |
SCHEDULE 1
TO THE CREDIT AGREEMENT
| National City Bank of PA | 5,170,630.82 | 19,312,306.10 | National City Bank of PA 00 Xxxxxxx Xxxxxx [IDC] 00-000 E-mail:
Operations Contact: National City Bank of PA 00 Xxxxxxx Xxxxxx XXX
00-000 ATTN: Xxxxxxx Xxxxxxxx E-mail: xxxxxxx.xxxxxxxx@xxxxxxxxxxxx.xxx |
National City Bank of PA 00 Xxxxxxx Xxxxxx [IDC] 00-000 ATTN: Xxxxx X. Xxxxxx / Xxxxx X. Telephone: 000-000-0000 / 8007 or 000-000-0000 Fax: 000-000-0000 or 000-000-0000 E-mail:
Operations Contact: National City Bank of PA 00 Xxxxxxx Xxxxxx XXX 00-000 Xxxxxxxxxx, PA 15222 ATTN:
Xxxxxxx Xxxxxxxx Telephone: 000-000-0000 Fax: 000-000-0000 E-mail: |
SCHEDULE 1
TO THE CREDIT AGREEMENT
| Swiss Re Financial Products Corporation | 5,170,630.82 | 19,312,306.10 | Swiss Re Financial Products Corporation Telephone: 000-000-0000 / 5582 Fax:
000-000-0000
Operations Contact: |
Swiss Re Financial Products Corporation
Operations Contact: | ||||
| The Norinchukin Bank New York Branch | 4,136,504.65 | 25,189,088.69 | The Norinchukin Bank, New York Branch
Operations
Contact: |
The Norinchukin Bank, New York Branch
Operations
Contact: | ||||
SCHEDULE 1
TO THE CREDIT AGREEMENT
| Sovereign Bank | 9,136,504.65 | 15,449,844.88 | Xxxxxxxxx Xxxx
Operations
Contact:
Xxxx Xxxxxxx |
Xxxxxxxxx Xxxx
Operations
Contact:
Xxxx Xxxxxxx | ||||
| PNC Bank, National Association | 13,102,378.49 | 6,717,761.76 | PNC Bank, National Association
Operations Contact: |
PNC Bank, National Association
Operations Contact: | ||||
| First Commercial Bank New York Agency | 2,068,252.33 | 7,724,922.44 | First Commercial Bank New York Agency 000 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 ATTN: Xxxxx Xx / June Won Telephone: 000-000-0000 Fax: 000-000-0000 E-mail: xxxxxxx@xxx.xxx |
First Commercial Bank New York Agency 000 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 ATTN: Xxxxx Xx / June Won Telephone: 000-000-0000 Fax: 000-000-0000 E-mail: xxxxxxx@xxx.xxx | ||||
| The Sumitomo Trust and Banking Co., Ltd., New York Branch | 1,654,601.86 | 6,179,937.95 | The Sumitomo Trust and Banking Co., Ltd., New York Branch 000 Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000 ATTN: Xxxxxxx Xxxxxx / Xxxxxxxxx Xxxxx / Xxxxxxxxx Xxxx Telephone: 000-000-0000 or 000-000-0000 or 000-000-0000 Fax: 000-000-0000 or 000-000-0000 E-mail: xxxxxxx.xxxxxx@xxxxxxxxxxxxx.xx.xx xxxxxxxxx.xxxxx@xxxxxxxxxxxxx.xx.xx |
The Sumitomo Trust and Banking Co., Ltd., New York Branch 000 Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000 ATTN: Xxxxxxx Xxxxxx / Xxxxxxxxx Xxxxx / Xxxxxxxxx Xxxx Telephone: 000-000-0000 or 000-000-0000 or 000-000-0000 Fax: 000-000-0000 or 000-000-0000 E-mail: xxxxxxx.xxxxxx@xxxxxxxxxxxxx.xx.xx xxxxxxxxx.xxxxx@xxxxxxxxxxxxx.xx.xx | ||||
| Wells Fargo Bank, National Association | 30,000,000.00 | 0 | Address: Sixth & Marquette, 3rd floor, ATTN: Xxxxxxx XxXxx / Xxxxx Xxxxxxx Tel: 000-000-0000 / 000-000-0000 Fax: 000- 000-0000 E-mail: Xxxxxxx.XxXxx@xxxxxxxxxx.xxx Xxxxx.X.Xxxxxxx@xxxxxxxxxx.xxx |
Address: Sixth & Marquette, 3rd floor, Xxxxxxxxxxx, XX 00000 ATTN: Xxxxxxx XxXxx / Xxxxx Xxxxxxx Tel: 000-000-0000 / 000-000-0000 Fax: 000- 000-0000 E-mail: Xxxxxxx.XxXxx@xxxxxxxxxx.xxx Xxxxx.X.Xxxxxxx@xxxxxxxxxx.xxx | ||||
| Xxxxxx Xxxxxxx Bank | 20,000,000.00 | 0 | One Xxxxxxxxxx Xxxxx 0xx Xxxxx 000 Xxxxxx Xxxxx Xxxx Xxxxxxxx, XX 00000 Xxxx Dell’Aquila / Xxxxxx Xxxxxx Tel: 000-000-0000/7285 Fax: 000-000-0000/7250 Email: Xxxx.Xxxx’xxxxxx@xxxxxxxxxxxxx.xxx Xxxxxx.Xxxxxx@xxxxxxxxxxxxx.xxx |
Xxx Xxxxxxxxxx Xxxxx 0xx Xxxxx 000 Xxxxxx Xxxxx Xxxx Xxxxxxxx, XX 00000 Xxxx Dell’Aquila / Xxxxxx Xxxxxx Tel: 000-000-0000/7285 Fax: 000-000-0000/7250 Email: Xxxx.Xxxx’xxxxxx@xxxxxxxxxxxxx.xxx Xxxxxx.Xxxxxx@xxxxxxxxxxxxx.xxx | ||||
| Amendment No. 1 AESC Credit Agreement |
| Commerzbank AG | 0 | 91,715,152.60 | Investor Address: CORPORATE CENTER AT RYE 000 XXXXXXXX XXXXXX XXX XXX, XX 00000 DE-10580 Contact Key: OC0421AGY Contact Name: XXXX XXXXX Telephone #:
000-000-0000 Fax #: 000-000-0000 |
Investor Address: CORPORATE CENTER AT RYE 000 XXXXXXXX XXXXXX XXX XXXXX 000 XXX, XX 00000 DE-10580 Contact Key: OC0421AGY Contact Name: XXXX XXXXX Telephone #: 000-000-0000 Fax #: 000-000-0000 | ||||
| Royal Bank of Canada | 0 | 5,798,182.50 | Investor Address: 00 XXXXX XXXXXXXX XXXXXX XXXXXX XXXXXX XXXXXXX CA- Contact Key: OC222 Contact Name: Xxxxxxx Xxxxxxx Telephone #: 000-000-0000 Fax #: 000-000-0000 |
Investor Address: 00 XXXXX XXXXXXXX XXXXXX XXXXXX XXXXXX XXXXXXX CA- Contact Key: OC222 Contact Name: Xxxxxxx Xxxxxxx Telephone #: 000-000-0000 Fax #: 000-000-0000 | ||||
| United Overseas Bank Ltd. | 0 | 9,739,243.81 | Investor Address: 2 PENNS WAY US- Contact Key: OC2899AGY Contact Name: XXXXX XXXXX Telephone #: 000-000-0000 EXT 20 Fax #: 000-000-0000 |
Investor Address: 2 PENNS WAY US- Contact Key: OC2899AGY Contact Name: XXXXX XXXXX Telephone #: 000-000-0000 EXT 20 Fax #: 000-000-0000 | ||||
| Dresdner Bank AG, New York | 0 | 15,500,000.00 | Investor Address: 00 XXXX XXXXXX XXX XXXX XX 00000-0000 DE-10005-2889 Contact Key: OC0235AGY Contact Name: XXXXXXX XXXXXX Telephone #: 000-000-0000 Fax #: 000-000-0000 |
Investor Address: 00 XXXX XXXXXX XXX XXXX XX 00000-0000 DE-10005-2889 Contact Key: OC0235AGY Contact Name: XXXXXXX XXXXXX Telephone #: 000-000-0000 Fax #: 000-000-0000 | ||||
| Amendment No. 1 AESC Credit Agreement |
| Xxxxxx Xxxxxxx Senior Funding Inc. |
0 | 500,000.00 | Investor Address: 0000 XXXXXXXX 00XX XXXXX XXX XXXX XX-00000 Contact Key: OC0405AGY Contact Name: GEZ JORDAN Telephone #: 000-000-0000 Fax #: 000-000-0000 |
Investor Address: 0000 XXXXXXXX 00XX XXXXX XXX XXXX XX-00000 Contact Key: OC0405AGY Contact Name: GEZ JORDAN Telephone #: 000-000-0000 Fax #: 000-000-0000 | ||||
| Bank of East Asia Ltd. | 0 | 5,000,000.00 | Investor Address: 000 XXXXX XXXXXX XXX XXXX, XX 00000 US-10013 Contact Key: OC0100AGY Contact Name: XXXXX XXXX Telephone #: 000-000-0000 Fax #: 000-000-0000 |
Investor Address: 000 XXXXX XXXXXX XXX XXXX, XX 00000 US-10013 Contact Key: OC0100AGY Contact Name: XXXXX XXXX Telephone #: 000-000-0000 Fax #: 000-000-0000 | ||||
| Rabo Capital Services Inc. | 0 | 20,000,000.00 | Investor Address: 000 XXXX XXXXXX XX-00000 Xxxxxxx Xxx: OC0123AGY Contact Name: XXXXXXX XXXXXX FCS Telephone #: 000-000-0000 Fax #: 000-000-0000 |
Investor Address: 000 XXXX XXXXXX XX-00000 Xxxxxxx Xxx: OC0123AGY Contact Name: XXXXXXX XXXXXX FCS Telephone #: 000-000-0000 Fax #: 000-000-0000 | ||||
| TOTAL: |
400,000,000.00 | 747,000,000.00 | ||||||
| Amendment No. 1 AESC Credit Agreement |
