SECURITY AGREEMENTSecurity Agreement • December 12th, 2005 • Corning Natural Gas Corp • Natural gas transmisison & distribution • New York
Security Agreement dated as of this 6th day of December, 2005 ("Security Agreement") made by Corning Natural Gas Corporation, a gas corporation organized under the New York State Transportation Corporations Law ("Corning") to KeySpan Gas East Corporation d/b/a KeySpan Energy Delivery Long Island, a gas corporation organized under the New York State Transportation Corporations Law ("KeySpan").
FIRST AMENDMENT TO PROMISSORY NOTEPromissory Note • December 12th, 2005 • Corning Natural Gas Corp • Natural gas transmisison & distribution • New York
This Agreement dated as of the 28th day of November, 2005 by and between Community Bank, N.A., a national banking association, having its principal office and place of business at 240 South Hamilton Street, Painted Post, New York 14870 ("Bank") and Corning Natural Gas Corporation, a New York business corporation organized and existing under the laws of New York State having its principal office and place of business at 330 West William Street, Corning, New York ("Borrower").
GAS SUPPLY AGREEMENTGas Supply Agreement • December 12th, 2005 • Corning Natural Gas Corp • Natural gas transmisison & distribution • New York
This Gas Supply Agreement entered into effective this 6th day of December, 2005 ("Agreement") by and between Corning Natural Gas Corporation, a gas corporation organized under the New York State Transportation Corporations Law ("Corning" ) and KeySpan Gas East Corporation d/b/a KeySpan Energy Delivery Long Island, both of which are gas corporations organized under the New York State Transportation Corporations Law (collectively, "KeySpan") Corning and KeySpan may be referred to collectively herein as the "Parties" or individually as a "Party".
INTERCREDITOR AGREEMENTIntercreditor Agreement • December 12th, 2005 • Corning Natural Gas Corp • Natural gas transmisison & distribution • New York
THIS INTERCREDITOR AGREEMENT is made as of this 6th day of December, 2005 by and among KEYSPAN ENERGY ("KeySpan") having principal offices located at One Metro Tech Center, Brooklyn, New York 11201, COMMUNITY BANK, N.A., having offices located at 240 South Hamilton Street, Painted Post, New York 14870 ("Community Bank"), CORNING NATURAL GAS CORPORATION, a New York business corporation having principal offices located at 330 West William Street, Corning, New York 14830 ("Corning"), and CONOCOPHILLIPS COMPANY, a Delaware corporation having principal offices located at 600 North Dairy Ashford, Houston, Texas, 77079 ("Conoco").
COLLATERAL ASSIGNMENT November 28, 2005Collateral Assignment • December 12th, 2005 • Corning Natural Gas Corp • Natural gas transmisison & distribution
FOR VALUABLE CONSIDERATION, including but not limited to making funds available for the purchase of natural gas supplies, the undersigned Corning Natural Gas Corporation ("Assignor"), hereby assigns and transfers to Community Bank, N.A. ("Community Bank"), various rights in the assets contained in the Corning Natural Gas Corporation ("CNGC") Rabbi Trust (the "Rabbi Trust") 23570, account # 3110385 to its credit with Investors& Bank and Trust Company of Boston, Massachusetts, which rights are further described herein and in a Security Agreement between Assignor and Community Bank of even date herewith (the "Security Agreement"). These assets shall be held by Assignee as collateral for Assignee&s extension of credit in connection with Assignor&s purchase of natural gas supplies for its customers in the ordinary course of Assignor&s business operations, all in accordance with the provisions of the Security Agreement.
