RIVER FUEL FUNDING COMPANY #3, INC. $60,000,000 CREDIT AGREEMENT Dated as of October 30, 2003 with THE BANK OF NEW YORK as Administrative Agent BANC ONE CAPITAL MARKETS, INC. and MIZUHO CORPORATE BANK, LTD. as Co-Syndication Agents WACHOVIA BANK, N.A....Credit Agreement • November 7th, 2003 • System Energy Resources Inc • Electric services • New York
CREDIT AGREEMENT (this "Agreement"), dated as of October 30, 2003, among RIVER FUEL FUNDING COMPANY #3, INC., a Delaware corporation (the "Company"), each of the Lenders from time to time parties to this Agreement (the "Lenders"), THE BANK OF NEW YORK, as letter of credit issuer and as Administrative Agent for the Lenders (the "Bank"), BANC ONE CAPITAL MARKETS, INC. ("BOCMI"), as Co-Syndication Agent and Co-Lead Arranger and Book Manager, MIZUHO CORPORATE BANK, LTD., as Co-Syndication Agent, WACHOVIA BANK, N.A., as Documentation Agent, and BNY CAPITAL MARKETS, INC. ("BNYCMI"), as Co-Lead Arranger and Book Manager.
SUPPLEMENTAL INSTRUCTIONS PURSUANT TO TRUST AGREEMENT OF RIVER FUEL TRUST #3 DATED FEBRUARY 22, 1989Supplemental Instructions • November 7th, 2003 • System Energy Resources Inc • Electric services
These Supplemental Instructions are given pursuant to the Trust Agreement, dated as of February 22, 1989 (the "Trust Agreement"), among JPMorgan Chase Bank (as successor to Morgan Guaranty Trust Company of New York), as Trustor, The Bank of New York (successor to United States Trust Company of New York), as Trustee, and System Energy Resources, Inc., as Beneficiary, under which River Fuel Trust #3 (the "Trust") was formed.
SYSTEM ENERGY RESOURCES, INC. 639 Loyola Avenue New Orleans, Louisiana 70113 October 30, 2003Fuel Lease • November 7th, 2003 • System Energy Resources Inc • Electric services
Pursuant to the requirements of the Fuel Lease, dated as of February 24, 1989, between River Fuel Funding Company #3, Inc. and System Energy Resources, Inc., System Energy Resources, Inc. hereby acknowledges receipt of a copy of (i) the Credit Agreement, dated as of October 30, 2003, among River Fuel Funding Company #3, Inc., The Bank of New York and the various Lenders parties thereto, and (ii) the Depositary Agreement, dated as of October 30, 2003, between River Fuel Funding Company #3, Inc. and JPMorgan Chase Bank and approved by The Bank of New York, and consents to your entry into said Credit Agreement and Depositary Agreement.
