EXHIBIT ACogentrix Energy Inc • March 31st, 2003 • Electric services • New York
This guaranty (the "Guarantee") is made as of October 1, 2002, by Cogentrix Energy, Inc., a North Carolina corporation ("Guarantor"), in favor of Dynegy Power Marketing, Inc., a Texas corporation ("Beneficiary").
AMENDMENT NO.2 TO POWER PURCHASE AND OPERATING AGREEMENT BETWEEN COGENTRIX OF RICHMOND, INC. AND VIRGINIA ELECTRIC AND POWER COMPANYPower Purchase and Operating Agreement • March 31st, 2003 • Cogentrix Energy Inc • Electric services
THIS AMENDMENT NO.2 dated as of July 1,2001 (hereinafter the "Effective Date") is by and between COGENTRIX OF RICHMOND, INC. ("Operator") and VIRGINIA ELECTRIC AND POWER COMPANY ("Virginia Power"). RECITALS A. Operator and Virginia Power entered into a Power Purchase and Operating Agreement dated as of January 24, 1989, originally between Virginia Power and Cogentrix of Petersburg, Inc. (the Operator's former name), and Amendment No.1 to the Power Purchase and Operating Agreement dated as of December 10, 1990 (such Power Purchase and Operating Agreement, as amended, hereafter referred to as the "Agreement"). All capitalized terms used herein and not otherwise defined or modified shall have the meanings set forth in the Agreement. B. Pursuant to Section 10.7 of the Agreement, the parties have negotiated (1) redetermined values for certain components of the Base Fuel Compensation Price as of the Effective Date, and (2) modified formulas by which certain components of the Bas
AFFILIATE PERFORMANCE AGREEMENTAffiliate Performance Agreement • March 31st, 2003 • Cogentrix Energy Inc • Electric services
WHEREAS, GCE has entered into a Parts Sharing Agreement (the "PS Agreement") dated as of October 1, 2002 with Cogentrix Parts Company, Inc. ("Partsco"); WHEREAS, GCE has entered into a Long Term Service Agreement ("LTSA") dated as of October 1, 2002 with General Electric International, Inc. ("GE"), whereby GE will supply parts and perform maintenance on a combined cycle generating project near Jenks, Oklahoma owned by GCE; WHEREAS, Partsco has entered into a Capital Parts Agreement (the "CP Agreement") with GE granting GE some rights to use parts from a pool of parts in the custody of Partsco for the benefit of GCE and other projects owned by other affiliates of GCE; WHEREAS, pursuant to the PS Agreement, Partsco has certain obligations to GCE; and WHEREAS, CEI as an affiliate of Partsco, is willing to enter into this Performance Agreement to satisfy a request of GCE. NOW, THEREFORE, in consideration of the premises and mutual covenants set forth herein, the Parties he
FIFTH AMENDMENT TO COAL SALES AGREEMENTCoal Sales Agreement • March 31st, 2003 • Cogentrix Energy Inc • Electric services
THIS FIFTH AMENDMENT TO COAL SALES AGREEMENT ("Amendment") is made and entered into as of the first day of July, 2001 to amend that certain Coal Sales Agreement dated as of February 15, 1990, as amended by Amendments First, Second, Amendment and Clarification, and Fourth, among ELECTRIC FUELS CORPORATION, KENTUCKY MAY COAL COMPANY, INC. AND COGENTRIX OF RICHMOND, INC. ("Coal Sales Agreement").
