Exhibit 10.94.1
EXECUTION COPY
AMENDMENT ONE
TO
SUBORDINATED REVOLVING LOAN AGREEMENT
AMENDMENT ONE TO SUBORDINATED REVOLVING LOAN AGREEMENT (this "AMENDMENT")
dated as of May 22, 2001, (this "Amendment"), is by and between MIDWEST
GENERATION, LLC, a Delaware limited liability company, as borrower ("Borrower"),
and EDISON MISSION OVERSEAS CO., a Delaware corporation, as lender ("Lender").
RECITALS
A. The Borrower has entered into a Subordinated Revolving Loan
Agreement dated as of December 15, 1999 (as heretofore amended, modified and
supplemented, the "REVOLVING LOAN AGREEMENT") with Lender.
B. Under Section 2.1 of the Revolving Loan Agreement, the Lender has
committed a line of credit to the Borrower.
C. The Borrower has requested, and, upon this Amendment becoming
effective, the Lender has agreed, to increase the Revolving Loan Commitment
to $2,500,000,000.
D. The Lender is willing to increase the Revolving Loan Commitment
and make loans to the Borrower on the terms and subject to the conditions
contained in this Amendment.
NOW, THEREFORE, the parties hereto agree as follows:
1. AMENDMENTS. Except as otherwise defined in this Amendment, terms
defined in the Revolving Loan Agreement are used herein (and in the
introductions and recitals hereto) as defined therein.
(a) SECTION 2.1 of the Revolving Loan Agreement is hereby amended by
deleting the phrase "the aggregate principal amount of Revolving Loans
outstanding shall not at any time exceed $2,000,000,000" at the end of the
first and fourth sentences of Section 2.1 of the Revolving Loan Agreement and
replaced them with the following:
"shall not at any time exceed $2,500,000,000."
2. MISCELLANEOUS. Except as expressly amended hereby, all of the
terms and provisions of the Revolving Loan Agreement are and shall remain in
full force and effect. This Amendment may be executed in any number of
counterparts, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Amendment by signing
any such counterpart. This Amendment shall be governed by, and construed in
accordance with, the laws of the State of New York.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their respective officers as of the day and year first above
written.
MIDWEST GENERATION, LLC
as Borrower
By: /s/ G. Xxxx Xxxxxx
-------------------------------------
Name: G. Xxxx Xxxxxx
Title: Vice President and Treasurer
EDISON MISSION OVERSEAS CO.
as Lender
By: /s/ Xxxx X. Xxxxxxxx, Xx.
-------------------------------------
Name: Xxxx X. Xxxxxxxx, Xx.
Title: Vice President
