RIVER FUEL TRUST #1 $80,000,000 CREDIT AGREEMENT Dated as of August 12, 2005 with THE BANK OF NEW YORK as Administrative Agent JPMORGAN CHASE BANK, N.A. and MIZUHO CORPORATE BANK, LTD. as Co-Syndication Agents BARCLAYS BANK PLC and WACHOVIA BANK, N.A....Credit Agreement • August 17th, 2005 • Entergy Arkansas Inc • Electric services • New York
CREDIT AGREEMENT (this "Agreement"), dated as of August 12, 2005, among RIVER FUEL TRUST #1, a trust formed pursuant to the Trust Agreement referred to herein (the "Trust"), 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"), JPMORGAN CHASE BANK, N.A. ("JPM Bank"), as Co-Syndication Agent, MIZUHO CORPORATE BANK, LTD., as Co-Syndication Agent and Co-Lead Arranger and Book Manager, BARCLAYS BANK PLC, as Co-Documentation Agent, WACHOVIA BANK, N.A., as Co-Documentation Agent, and BNY CAPITAL MARKETS, INC. ("BNYCMI"), as Co-Lead Arranger and Book Manager.
ENTERGY ARKANSAS, INC. 639 Loyola Avenue New Orleans, Louisiana 70113 August 12, 2005Fuel Lease • August 17th, 2005 • Entergy Arkansas Inc • Electric services
Pursuant to the requirements of the Fuel Lease, dated as of December 22, 1988, between River Fuel Trust #1 and Entergy Arkansas, Inc. (formerly Arkansas Power & Light Company), Entergy Arkansas, Inc. hereby acknowledges receipt of a copy of (i) the Credit Agreement, dated as of August 12, 2005, among River Fuel Trust #1, The Bank of New York and the various Lenders parties thereto, and (ii) the Depositary Agreement, dated as of August 12, 2005, among River Fuel Trust #1, JPMorgan Chase Bank, N.A. and The Bank of New York, and consents to your entry into said Credit Agreement and Depositary Agreement.
SUPPLEMENTAL INSTRUCTIONS PURSUANT TO TRUST AGREEMENT OF RIVER FUEL TRUST #1 DATED DECEMBER 20, 1988Supplemental Instructions • August 17th, 2005 • Entergy Arkansas Inc • Electric services
These Supplemental Instructions are given pursuant to the Trust Agreement, dated as of December 20, 1988 (the "Trust Agreement"), among JPMorgan Chase Bank, N.A. (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 Entergy Arkansas, Inc., (successor to Arkansas Power & Light Company), as Beneficiary, under which River Fuel Trust #1 (the "Trust") was formed.
