and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Trustee FIFTH SUPPLEMENTAL INDENTURE Dated as of November 1, 2008 Supplementing the Indenture Dated as of February 1, 1999Fifth Supplemental Indenture • November 19th, 2008 • Southwestern Public Service Co • Electric & other services combined • New York
THIS FIFTH SUPPLEMENTAL INDENTURE, dated as of November 1, 2008 (this “Supplemental Indenture”) is between SOUTHWESTERN PUBLIC SERVICE COMPANY, a New Mexico corporation (hereinafter called the “Issuer” or the “Company”), having its principal office at Tyler at Sixth Street, Amarillo, Texas 79101, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as successor to THE CHASE MANHATTAN BANK and THE BANK OF NEW YORK MELLON, as Trustee (hereinafter called the “Trustee”), having its office at 700 S. Flower Street, Suite 500, Los Angeles, California 90017.
SOUTHWESTERN PUBLIC SERVICE COMPANY (a New Mexico corporation) UNDERWRITING AGREEMENT $250,000,000 Series G Senior Notes, 8.75% due 2018Underwriting Agreement • November 19th, 2008 • Southwestern Public Service Co • Electric & other services combined • New York
This opinion is being furnished to you in connection with the issue and sale by Southwestern Public Service Company (the “Company”) of $250,000,000 principal amount of Debt Securities, Series G Senior Notes, 8.75% due 2018 herein called the “Debt Securities.” This opinion is being delivered to you pursuant to Section 7(b) of the Underwriting Agreement, dated November 14, 2008 (the “Underwriting Agreement”), between the Company and J.P. Morgan Securities Inc. (the “Representative”). Unless otherwise stated, defined terms used herein shall have the respective meanings given them in the Underwriting Agreement.
