AMENDED AND RESTATED SUPPLEMENTAL EQUITY CONTRIBUTION GUARANTEESupplemental Equity Contribution Guarantee • August 19th, 2002 • Cogentrix Energy Inc • Electric services • New York
WHEREAS, the Equity Guarantor has entered into the Supplemental Equity Contribution Guarantee (the "Original Guarantee"), dated as of February 28, 2002, in favor of the Borrower and the Security Agent; WHEREAS, the Borrower entered into an Engineering and Equipment Procurement Agreement dated and effective as of December 22, 2000 (as amended, supplemented or otherwise modified from time to time, the "Original Procurement Agreement") with NEPCO Power Procurement Company (as assignee of NEPCO Procurement Company, a division of Enron Equipment Procurement Company, pursuant to an Assignment Agreement, dated as of December 1, 2001), a Delaware corporation (the "Original Supplier"), and a Construction Agreement dated and effective as of December 22, 2000 (as amended, supplemented or otherwise modified from time to time, the "Original Construction Agreement"; together with the Original Procurement Agreement, the "Original EPC Agreements") with National Energy Production Corporation, a De
