AMENDMENT NO. 2 to LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT relating to $99,100,000 State of Ohio Pollution Control Revenue Refunding Bonds, Series 2005-A (FirstEnergy Nuclear Generation Corp. Project)Credit and Reimbursement Agreement • June 19th, 2009 • FirstEnergy Solutions Corp. • Electric services • New York
THIS AMENDMENT NO. 2 TO LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT (this “Amendment”) is made as of June 12, 2009 by and among FIRSTENERGY NUCLEAR GENERATION CORP. (the “Company”), FIRSTENERGY CORP. and FIRSTENERGY SOLUTIONS CORP., as Guarantors (the “Guarantors”), the Banks party hereto and BARCLAYS BANK PLC, as Fronting Bank (the “Fronting Bank”) and as Administrative Agent (the “Administrative Agent”) under that certain Letter of Credit and Reimbursement Agreement, dated as of December 16, 2005, by and among the Company, the Banks from time to time parties thereto, the Fronting Bank and the Administrative Agent (as amended by that certain Amendment No. 1 to Letter of Credit and Reimbursement Agreement, dated as of March 1, 2007, and as the same may be further amended, restated, supplemented or otherwise modified, the “Agreement”). Defined terms used herein and not otherwise defined herein shall have the meaning given to such terms in the Agreement.
Surplus Margin GuarantySurplus Margin • June 19th, 2009 • FirstEnergy Solutions Corp. • Electric services • Ohio
GUARANTY (this “Guaranty”), dated as of June 16, 2009, made by FIRSTENERGY NUCLEAR GENERATION CORP., a corporation organized and existing under the laws of the State of Ohio (the “Guarantor”), in favor of THE CLEVELAND ELECTRIC ILLUMINATING COMPANY, THE TOLEDO EDISON COMPANY and OHIO EDISON COMPANY, corporations organized and existing under the laws of the State of Ohio (the “Guaranteed Parties”). Terms not defined herein take on the meaning given to them in the Master SSO Supply Agreements by and between the Guaranteed Parties and each of the suppliers listed on Appendix A thereto, under which FIRSTENERGY SOLUTIONS CORP., a corporation organized and existing under the laws of the State of Ohio and the parent of the Guarantor, is an SSO Supplier (the “SSO Supplier”), relating to tranches referenced in Schedule 1 hereto (the “Agreements”).
AMENDMENT NO. 2 to LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT relating to $90,140,000 State of Ohio Pollution Control Revenue Refunding Bonds, Series 2006-A (FirstEnergy Generation Corp. Project)And Reimbursement Agreement • June 19th, 2009 • FirstEnergy Solutions Corp. • Electric services • New York
THIS AMENDMENT NO. 2 TO LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT (this “Amendment”) is made as of June 12, 2009 by and among FIRSTENERGY GENERATION CORP. (the “Company”), FIRSTENERGY CORP. and FIRSTENERGY SOLUTIONS CORP., as Guarantors (the “Guarantors”), the Banks party hereto, BARCLAYS BANK PLC, as Fronting Bank (the “Fronting Bank”) and as Administrative Agent (the “Administrative Agent”) and KEYBANK NATIONAL ASSOCIATION, as Syndication Agent (the “Syndication Agent”) under that certain Letter of Credit and Reimbursement Agreement, dated as of April 3, 2006, by and among the Company, the Banks from time to time parties thereto, the Fronting Bank, the Administrative Agent and the Syndication Agent (as amended by that certain Amendment No. 1 to Letter of Credit and Reimbursement Agreement, dated as of March 1, 2007, and as the same may be further amended, restated, supplemented or otherwise modified, the “Agreement”). Defined terms used herein and not otherwise defined herein shal
