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EXHIBIT 10(u)-2
AMENDMENT TO
REVOLVING CREDIT AGREEMENT
BY AND AMONG
MOBILE GAS SERVICE CORPORATION,
AS BORROWER,
AND
AMSOUTH BANK OF ALABAMA, AS AGENT,
AND
AMSOUTH BANK OF ALABAMA, FIRST ALABAMA BANK,
WHITNEY BANK OF ALABAMA, BANK OF MOBILE
SOUTHTRUST BANK OF ALABAMA, N.A., AND COMMONWEALTH
NATIONAL BANK,
AS LENDERS
$20,000,000
JULY 15, 1996
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AMENDMENT TO REVOLVING CREDIT AGREEMENT
This Amendment to Revolving Credit Agreement ("this Amendment") is
entered into as of the 15th day of July, 1996, by and among Mobile Gas Service
Corporation, as Borrower ("Borrower"), AmSouth Bank of Alabama, as Agent for
Lenders ("Agent"), and AmSouth Bank of Alabama, First Alabama Bank, Whitney
Bank of Alabama, Bank of Mobile, SouthTrust Bank of Alabama, N.A., and
Commonwealth National Bank, as Lenders (collectively, "Lenders").
W I T N E S S E T H :
WHEREAS, Borrower, Agent and Lenders entered into a Revolving Credit
Agreement (the "Revolving Credit Agreement") as of the 17th day of July, 1995;
and
WHEREAS, Borrower, Agent and Lenders desire to amend the Revolving
Credit Agreement by extending the Commitment Termination Date, as defined in
Section 1.14 of the Revolving Credit Agreement.
NOW, THEREFORE, in consideration of the mutual promises herein
contained, and for other valuable consideration, the parties hereto agree as
follows:
1. Section 1.14 of the Revolving Credit Agreement is amended to
read in its entirety, as follows:
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Section 1.14. "Commitment Termination Date" shall mean the
earlier of (i) July 17, 1998, or, if such date is not a business day,
the business day next succeeding such date, unless the Lenders and
Borrower shall agree in writing by July 17, 1997 to the extension of
the date of payment of the indebtedness evidenced by the Notes for one
additional period of one (1) year, in which event the date of payment
of the indebtedness evidenced by the Notes, as thereby extended, shall
be the Commitment Termination Date, or (ii) the date on which the
Commitment is terminated by either Borrower or Lenders pursuant to the
provisions hereof.
2. The Revolving Credit Agreement, as hereby amended, remains in
full force and effect.
3. This Amendment may be executed in any number of counterparts,
all of which taken together shall constitute one and the same
agreement, and any of the parties hereto may execute this Amendment
by signing any such counterpart.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of
the day and year first above written.
BORROWER
MOBILE GAS SERVICE CORPORATION
By: /s/ Xxxx X. Xxxxx
Title: President and Chief Executive Officer
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By: /s/ Xxxxxxx X. Xxxxxxx
Title: Vice President, Chief Financial
Officer and Treasurer
AGENT
AmSOUTH BANK OF ALABAMA, as Agent for
Lenders Pursuant to the terms of the
Revolving Credit Agreement
By: /s/ Xxxxxx X. Xxxxxxx
Title: Vice-President
LENDERS
AmSOUTH BANK OF ALABAMA
By: /s/ Xxxxxx X. Xxxxxxx
Title: Vice-President
FIRST ALABAMA BANK
By: /s/ Xxxxx X. Xxxxxxxx
Title: Sr. Vice-President
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WHITNEY BANK OF ALABAMA
By: /s/ Xxxx X. Xxxx
Title: Vice-President
BANK OF MOBILE
By: /s/ Xxxxxx X. Xxxxxx, Xx.
Title: Vice-President
SOUTHTRUST BANK OF ALABAMA, N.A.
By: /s/ Xxxxx X. Xxxxxxxx
Title: Sr. Vice-President
COMMONWEALTH NATIONAL BANK
By: /s/ Xx Xxxxxxx
Title: Chairman/President & CEO
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