0001108426-07-000028 Sample Contracts

Contract
Supplemental Indenture • March 1st, 2007 • Texas New Mexico Power Co • Electric services • New York

This 1997 SUPPLEMENTAL INDENTURE dated as of December 23, 1997 to Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of August 12, 1986, between STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (State Street), not in its individual capacity, but solely as Owner Trustee (the Owner Trustee) under a Trust Agreement dated as of August 12, 1986, between State Street, whose address is Two International Place, 4th Floor, Boston, Massachusetts 02110, with MFS LEASING CORP. (successor by assignment to Beneficial Leasing Group, inc.), a Delaware corporation (the Trust Agreement), and THE CHASE MANHATTAN BANK (formerly known as “Chemical Bank”), a New York banking corporation (the Indenture Trustee), whose address is 450 West 33rd Street, 15th Floor, New York, New York 10001.

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FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 1st, 2007 • Texas New Mexico Power Co • Electric services • Texas

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of November 3, 2006 among PNM RESOURCES, INC., a New Mexico corporation (the “Company”), FIRST CHOICE POWER, L.P., a Texas limited partnership (“FCP”), TEXAS-NEW MEXICO POWER COMPANY, a Texas corporation (“TNMP”, collectively with the Company and FCP, the “Borrowers”), the Lenders party hereto, and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Credit Agreement (as defined below).

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