SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ALLEGHENY ENERGY SUPPLY LINCOLN GENERATING FACILITY, LLCLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Delaware
This SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this "Agreement") of Allegheny Energy Supply Lincoln Generating Facility, LLC (the "Company") is made and entered into as of May 14, 2002 by Allegheny Energy Supply Company, LLC (AE Supply"), a Delaware limited liability company as the sole member (the "Parent" or "Member"). As used in this Agreement, the term "Member" means Parent or any other person or entity that is admitted as a Member of the Company in accordance with this Agreement and the Delaware Limited Liability Company Act, (6 Del.C. Section 18-101 et seq.), as amended from time to time (the "Act"), in each case so long as such person or entity remains a member of the Company, and the term "Members" means all of such persons or entities (whether one or more) collectively.
ContractLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services
FIRST AMENDMENT TO LIMITED LIABILITY COMPANY AGREEMENT OF ALLEGHENY ENERGY SUPPLY DEVELOPMENT SERVICES, LLC This First Amendment to Limited Liability Company Agreement (this "Amendment") of Allegheny Energy Supply Development Services, LLC (the "Company") is made and entered into as of December 31, 2002, by Allegheny Energy Supply Company, LLC, a Delaware limited liability company, as the sole member (the "Member") of the Company. WHEREAS, the Member entered into that certain Limited Liability Company Agreement of Allegheny Energy Supply Development Services, LLC (the "Agreement"), dated October 11, 2001; WHEREAS, the Member desires to amend the Agreement to replace Section 10 in its entirety. NOW, THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Member hereby approves and adopts this Amendment and agrees as follows: 1. Amendment to Section 10. Section 10 of
LIMITED LIABILITY COMPANY AGREEMENT OF ALLEGHENY ENERGY SUPPLY CAPITAL MIDWEST, LLCLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Delaware
This LIMITED LIABILITY COMPANY AGREEMENT (this "Agreement") of Allegheny Energy Supply Capital Midwest, LLC (the "Company") is made and entered into as of February 26, 2002 by Allegheny Energy Supply Company, LLC, a Delaware limited liability company ("Parent"). As used in this Agreement, the term "Member" means Parent or any other person or entity that is admitted as a member of the Company in accordance with this Agreement and the Delaware Limited Liability Company Act, as amended from time to time (the "Act"), in each case so long as such person or entity remains a member of the Company, and the term "Members" means all of such persons or entities (whether one or more) collectively.
LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Delaware
This LIMITED LIABILITY COMPANY AGREEMENT (this "Agreement") of Allegheny Trading Finance Company, LLC (the "Company") is made and entered into as of the 16th day of September, 2003 by Allegheny Energy Supply Company, LLC, a Delaware limited liability company ("Parent"). As used in this Agreement, the term "Member" means Parent or any other person or entity that is admitted as a member of the Company in accordance with this Agreement and the Delaware Limited Liability Company Act, as amended from time to time (the "Act"), in each case so long as such person or entity remains a member of the Company, and the term "Members" means all of such persons or entities (whether one or more) collectively.
ContractLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ALLEGHENY ENERGY SUPPLY LINCOLN GENERATING FACILITY, LLC This First Amendment to Second Amended and Restated Limited Liability Company Agreement (this "Amendment") of Allegheny Energy Supply Lincoln Generating Facility, LLC (the "Company") is made and entered into as of December 31, 2002, by Allegheny Energy Supply Company, LLC, a Delaware limited liability company, as the sole member (the "Member") of the Company. WHEREAS, the Member entered into that certain Second Amended and Restated Limited Liability Company Agreement of Allegheny Energy Supply Lincoln Generating Facility, LLC (the "Agreement"), dated May 14, 2002; WHEREAS, the Member desires to amend the Agreement to replace Section 10 in its entirety. NOW, THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Member h
FIFTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ALLEGHENY ENERGY SUPPLY COMPANY, LLCLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Delaware
This Limited Liability Company Agreement (together with the schedules attached hereto, this "Agreement") of Allegheny Energy Supply Company, LLC, a Delaware limited liability company, (the "Company"), is executed by ALLEGHENY ENERGY, INC., a Maryland corporation ("Allegheny"), pursuant to its authority as a Majority (as defined herein) under Section 29 of the Fourth Amended and Restated Limited Liability Company Agreement of the Company, dated June 29, 2001 (the "Fourth LLC Agreement"), between Allegheny and ML IBK POSITIONS, INC., a Delaware corporation ("MLIBK" and, together with Allegheny, the "Members"). Capitalized terms used and not otherwise defined herein have the meanings set forth on Schedule A hereto.
FIRST AMENDMENT TO FIRST AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ACADIA BAY ENERGY COMPANY, LLCLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services
This First Amendment to First Amended and Restated Limited Liability Company Agreement (this "Amendment") of Acadia Bay Energy Company, LLC (the "Company") is made and entered into as of December 31, 2002, by Allegheny Energy Supply Company, LLC, a Delaware limited liability company, as the sole member (the "Member") of the Company.
EXECUTION COPY JOINT DEVELOPMENT AGREEMENTJoint Development Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • New York
THIS JOINT DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into effective as of this 14th day of November, 2001, by and among SEF DEVELOPMENT LTD., a Delaware corporation ("SEF Development"), SEF ENERGY LLC, a Delaware limited liability company ("SEF Energy LLC") and ALLEGHENY ENERGY SUPPLY DEVELOPMENT SERVICES, LLC, a Delaware limited liability company ("Allegheny"), together the "Parties" and individually, each a "Party."
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ENERGY FINANCING COMPANY, L.L.C.Limited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services
This First Amendment to Second Amended and Restated Limited Liability Company Agreement (this "Amendment") of Energy Financing Company, L.L.C. (the "Company") is made and entered into as of December 31, 2002, by Allegheny Energy Supply Company, LLC, a Delaware limited liability company, as the sole member (the "Member") of the Company.
EXHIBIT D TAX ALLOCATION AGREEMENTTax Allocation Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services
AGREEMENT dated as of July 31, 2003 (this "Agreement"), among ALLEGHENY ENERGY, INC. (hereinafter called the "Parent Company") and the other undersigned companies (hereinafter called the "Subsidiary Companies"), collectively referred to hereinafter as "the parties." WHEREAS, the Parent Company, by its corporate predecessor, Allegheny Power System, Inc., and its subsidiaries were parties to an agreement dated June 13, 1963 (the "Original Agreement"), concerning the allocation of Federal income tax liabilities among them as a consolidated group; and WHEREAS, changes had been made in the Public Utility Holding Company Act of 1935 ("PUHCA") and regulations promulgated thereunder since 1963 which affected the content of the Original Agreement; and WHEREAS, an agreement superseding the Original Agreement and dated as of November 3, 1993 ("the 1993 Agreement"), incorporated the said changes in the law and regulations; and WHEREAS, the parties wish to include allocation of state and local inco
MOUNTAINEER GAS COMPANY $60,000,000 7.59% Senior Notes Due October 1, 2010 ---------------------------- NOTE PURCHASE AGREEMENT ---------------------------- Dated as of October 12, 1995Note Purchase Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Massachusetts
FIRST AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ALLEGHENY ENERGY GLOBAL MARKETS, LLCLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Delaware
This Limited Liability Company Agreement (together with the schedules attached hereto, this "Agreement") of Allegheny Energy Global Markets, LLC (the "Company"), is entered into by Allegheny Energy Supply Company, LLC ("Supply"), a Delaware limited liability company, as the sole member (the "Member"). Capitalized terms used and not otherwise defined herein have the meanings set forth on Schedule A hereto.
LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Delaware
This Limited Liability Company Agreement (this "Agreement") of Allegheny Energy Global Markets, LLC (the "Company"), a limited liability company organized pursuant to the Limited Liability Company Act of the State of Delaware, as amended from time to time (the "Act"), entered as of the 8th day of January, 2001, by and between the Company and Allegheny Energy Supply Company, LLC ("Supply"), a Delaware limited liability company, as the sole member and manager of the Company (the "Member").
LIMITED LIABILITY COMPANY AGREEMENT OF CONEMAUGH FUELS, LLCLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT of Conemaugh Fuels, LLC (the "Company") is made as of October 15, 2002, by Atlantic City Electric Company, a New Jersey corporation, Conemaugh Power LLC, a Delaware limited liability company, Constellation Power, Inc., a Maryland corporation, Exelon Power Holdings, LP, a Delaware limited partnership, PPL Generation, LLC, a Delaware limited liability company, Allegheny Energy Supply Conemaugh Fuels, LLC, a Delaware limited liability company, PSEG Power Fuels LLC, a Delaware limited liability company, Reliant Energy Key/Con Fuels, LLC, a Delaware limited liability company, and UGI Development Company, a Pennsylvania corporation (collectively, the "Initial Members"). WHEREAS, the Initial Members desire to form the Company as a limited liability company pursuant to and in accordance with the Delaware Limited Liability Company Act, 6 Del. C. Secs. 18-101, et seq., as amended from time to time, and for that purpose have authorized the execution of
FIRST AMENDED AND RESTATEDLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Delaware
This FIRST AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this "Agreement") of Allegheny Energy Supply Conemaugh, LLC (the "Company") is made and entered into as of June 30, 2001 by Allegheny Energy Supply Company, LLC, ("AE Supply"), a Delaware limited liability company as the sole member (the "Parent" or "Member"). As used in this Agreement, the term "Member" means Parent or any other person or entity that is admitted as a Member of the Company in accordance with this Agreement and the Delaware Limited Liability Company Act (6 Del.C. Section 18-101 et seq.), as amended from time to time (the "Act"), in each case so long as such person or entity remains a member of the Company, and the term "Members" means all of such persons or entities (whether one or more) collectively.
OPERATING AGREEMENT of BUCHANAN GENERATION, LLC (a Virginia Limited Liability Company) OPERATING AGREEMENT OF BUCHANAN GENERATION, LLCOperating Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Virginia
THIS OPERATING AGREEMENT OF BUCHANAN GENERATION, LLC (this "Agreement") is made and entered as of this ___ day of April, 2002 by and between CONSOL Energy Inc., a Delaware corporation ("CONSOL"), and Buchanan Energy Company of Virginia, LLC, a Virginia limited liability company,("Allegheny", and together with CONSOL, each individually, a "Member" and collectively, the "Members").
ContractNote Purchase Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • New York
MOUNTAINEER GAS COMPANY $10,000,000 7.83% Senior Notes, Class A, due October 31, 2009 $30,000,000 8.09 % Senior Notes, Class B, due October 31, 2019 __________________ NOTE PURCHASE AGREEMENT __________________ Dated as of October 15, 1999
ContractLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services
AMENDMENT NO. 1 TO THE LIMITED LIABILITY COMPANY AGREEMENT OF ALLIANCE GAS SERVICES HOLDINGS, LLC BETWEEN ALLEGHENY VENTURES, INC. AND ECA ALLIANCE, LLC
THE INTERESTS DESCRIBED AND REPRESENTED BY THIS LIMITED LIABILITY COMPANY AGREEMENT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE "SECURITIES ACT" OR ANY APPLICABLE STATE SECURITIES LAWS, "STATE ACTS") AND ARE RESTRICTED SECURITIES AS...Limited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services
This LIMITED LIABILITY COMPANY AGREEMENT of Alliance Gas Services Holdings, LLC (the "Company"), is made and entered into by and among Allegheny Ventures, Inc., a Delaware corporation ("Ventures"), and Energy Corporation of America, a West Virginia corporation ("ECA"), executed and effective as of March 1, 2002.
LIMITED LIABILITY COMPANY AGREEMENT OF BUCHANAN ENERGY COMPANY OF VIRGINIA, LLCLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services • Virginia
This LIMITED LIABILITY COMPANY AGREEMENT (this "Agreement") of Buchanan Energy Company of Virginia, LLC (the "Company") is made and entered into as of this 26th day of March, 2002 by Allegheny Energy Supply Company, LLC, a Delaware limited liability company ("Parent"). As used in this Agreement, the term "Member" means Parent or any other person or entity that is admitted as a member of the Company in accordance with this Agreement and the Virginia Limited Liability Company Act, as amended from time to time (the "Act"), in each case so long as such person or entity remains a member of the Company, and the term "Members" means all of such persons or entities (whether one or more) collectively.
ContractLimited Liability Company Agreement • February 3rd, 2004 • Allegheny Energy Inc • Electric services
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF LAKE ACQUISITION COMPANY, L.L.C. This First Amendment to Third Amended and Restated Limited Liability Company Agreement (this "Amendment") of Lake Acquisition Company, L.L.C. (the "Company") is made and entered into as of December 31, 2002, by Allegheny Energy Supply Company, L.L.C., a Delaware limited liability company, as the sole member (the "Member") of the Company. WHEREAS, the Member entered into that certain Third Amended and Restated Limited Liability Company Agreement of Lake Acquisition Company, L.L.C. (the "Agreement"), dated May 1, 2002; WHEREAS, the Member desires to amend the Agreement to replace Section 10 in its entirety. NOW, THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Member hereby approves and adopts this Amendment and agrees as follows: 1. Amend
