Allegheny Energy Supply Company, LLC to Bank One Trust Company, N.A. Trustee Indenture Dated as of April 8, 2002 _________________________________________________Indenture • August 1st, 2003 • Allegheny Energy Supply Co LLC • Electric services • New York
EXECUTION COPY] ______________________________________________________________________________ SECURITY AND INTERCREDITOR AGREEMENT Dated as of February 21, 2003 AMONG ALLEGHENY ENERGY SUPPLY COMPANY, LLC, The Other Persons referred to herein as...Security and Intercreditor Agreement • August 1st, 2003 • Allegheny Energy Supply Co LLC • Electric services • New York
SECURITY AND INTERCREDITOR AGREEMENT, dated as of February 21, 2003, made by and among (capitalized terms used herein shall have the meanings assigned thereto in Section 1.01 of this Agreement):
CREDIT AGREEMENT - SUPPLY REFINANCING FACILITYCredit Agreement • August 1st, 2003 • Allegheny Energy Supply Co LLC • Electric services • New York
CREDIT AGREEMENT, dated as of February 21, 2003, among ALLEGHENY ENERGY SUPPLY COMPANY, LLC, a Delaware limited liability company (the "Borrower"), the banks, financial institutions and other institutional lenders listed on the signature pages hereof as the Initial Refinancing Lenders (the "Initial Refinancing Lenders"), the bank listed on the signature pages hereof as the Initial Refinancing Issuing Bank (the "Initial Refinancing Issuing Bank" and, together with the Initial Refinancing Lenders, the "Initial Refinancing Lender Parties"), and Citibank, N.A. ("Citibank"), as Refinancing Lender Agent (together with any successor Refinancing Lender Agent appointed pursuant to Article VII, the "Refinancing Lender Agent") for the Refinancing Lender Parties.
FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • August 1st, 2003 • Allegheny Energy Supply Co LLC • Electric services • New York
WHEREAS, the Company and the Trustee executed and delivered an Indenture, dated as of April 8, 2002 (the "Indenture"), to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness;
EXECUTION VERSIONCommon Terms Agreement • August 1st, 2003 • Allegheny Energy Supply Co LLC • Electric services • New York
___________________________________________________________ COMMON TERMS AGREEMENT Dated as of February 21, 2003 AMONG ALLEGHENY ENERGY SUPPLY COMPANY, LLC, THE OTHER PERSONS REFERRED TO HEREIN AS GRANTORS, EACH OF THE REFINANCING LENDERS, EACH OF THE NEW MONEY LENDERS, EACH OF THE SPRINGDALE LENDERS, BANK ONE, NA, as Refinancing Issuing Bank, CITIBANK, N.A., as Refinancing Lender Agent and New Money Lender Agent, THE BANK OF NOVA SCOTIA, as Springdale Lender Agent and Documentation Agent, AND JPMORGAN CHASE BANK, as Syndication Agent
WAIVER, ASSUMPTION AND SUPPLEMENTAL AGREEMENTWaiver, Assumption and Supplemental Agreement • August 1st, 2003 • Allegheny Energy Supply Co LLC • Electric services • New York
This WAIVER, ASSUMPTION AND SUPPLEMENTAL AGREEMENT, dated as of February 21, 2003 (this "Agreement"), is by and among Allegheny Energy Supply Company, LLC, a limited liability company duly organized and existing under the laws of the State of Delaware (the "Company"), the holders (the "Initial Holders") listed on the signature pages hereto of the 8.13% Senior Secured Notes due 2007 (the "A-Notes") issued by the Trust (as defined below) pursuant to the Original Indenture (as defined below) and any holders of A-Notes that become a party to this Agreement by executing a Joinder Agreement in the form set forth in Exhibit C hereto (the "Joining Holders" and, together with the Initial Holders, the "Holders"), and Law Debenture Trust Company of New York, a limited purpose trust company duly organized and existing under the laws of the State of New York, as successor to Bank One Trust Company, N.A., in its capacity as trustee under the Original Indenture (the "Indenture Trustee").
ContractIndenture • August 1st, 2003 • Allegheny Energy Supply Co LLC • Electric services • New York
AMENDED AND RESTATED INDENTURE, dated as of February 21, 2003, among ALLEGHENY ENERGY SUPPLY COMPANY, LLC, a limited liability company duly organized and existing under the laws of the State of Delaware (herein called the Company), having its principal office at 10435 Downsville Pike, Hagerstown, Maryland, 21740-1766, LAW DEBENTURE TRUST COMPANY OF NEW YORK, a limited purpose trust company duly organized and existing under the laws of the State of New York, as Trustee (herein called the "Trustee") having its corporate trust office at 767 Third Avenue, 31st Floor, New York, New York, 10017, and BANK ONE TRUST COMPANY, N.A. ("Bank One"), a national banking association, as Security Registrar and Paying Agent, having its corporate office at 1111 Polaris Parkway, Suite 1K, Columbus, Ohio 43240.
CREDIT AGREEMENT - SUPPLY NEW MONEY FACILITYCredit Agreement • August 1st, 2003 • Allegheny Energy Supply Co LLC • Electric services • New York
CREDIT AGREEMENT, dated as of February 21, 2003 among ALLEGHENY ENERGY SUPPLY COMPANY, LLC, a Delaware limited liability company (the "Borrower"), the banks, financial institutions and other institutional lenders listed on the signature pages hereof as the Initial New Money Lenders (the "Initial New Money Lenders"), and Citibank, N.A. ("Citibank"), as New Money Lender Agent (together with any successor New Money Lender Agent appointed pursuant to Article VII, the "New Money Lender Agent") for the New Money Lenders (as hereinafter defined).
CREDIT AGREEMENT - SPRINGDALE FACILITYCredit Agreement • August 1st, 2003 • Allegheny Energy Supply Co LLC • Electric services • New York
CREDIT AGREEMENT, dated as of February 21, 2003, among ALLEGHENY ENERGY SUPPLY COMPANY, LLC, a Delaware limited liability company (the "Borrower"), the banks, financial institutions and other institutional lenders listed on the signature pages hereof as the Springdale Lenders (the "Springdale Lenders"), and The Bank of Nova Scotia as Springdale Lender Agent (together with any successor Springdale Lender Agent appointed pursuant to Article VII, the "Springdale Lender Agent") for the Springdale Lenders.
ALLEGHENY ENERGY SUPPLY COMPANY, LLC 8.25% Notes due 2012 REGISTRATION RIGHTS AGREEMENT ALLEGHENY ENERGY SUPPLY COMPANY, LLC 8.25% Notes due 2012 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 1st, 2003 • Allegheny Energy Supply Co LLC • Electric services • New York
Banc of America Securities LLC J.P. Morgan Securities Inc. As Representatives of the Initial Purchasers c/o Banc of America Securities LLC Bank of America Corporate Center 100 North Tryon Street Charlotte, NC 28255
