PNM RESOURCES, INC. and U.S. BANK NATIONAL ASSOCIATION, as Purchase Contract Agent AMENDED AND RESTATED PURCHASE CONTRACT AGREEMENT Dated as of August 4, 2008Purchase Contract Agreement • November 5th, 2008 • PNM Resources Inc • Electric services • New York
AMENDED AND RESTATED PURCHASE CONTRACT AGREEMENT, dated as of August 4, 2008, between PNM RESOURCES, INC., a New Mexico corporation (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, acting as purchase contract agent for the Holders of Units (as defined herein) from time to time (the “Purchase Contract Agent”).
PNM RESOURCES, INC. and U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent, Custodial Agent and Securities Intermediary and U.S. BANK NATIONAL ASSOCIATION, as Purchase Contract Agent AMENDED AND RESTATED PLEDGE AGREEMENT Dated as of August 4, 2008Pledge Agreement • November 5th, 2008 • PNM Resources Inc • Electric services • New York
AMENDED AND RESTATED PLEDGE AGREEMENT, dated as of August 4, 2008, among PNM RESOURCES, INC., a New Mexico corporation (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as collateral agent (in such capacity, together with its successors in such capacity, the “Collateral Agent”), as custodial agent (in such capacity, together with its successors in such capacity, the “Custodial Agent”), and as securities intermediary (as defined in Section 8-102(a)(14) of the UCC) with respect to the Collateral Account (in such capacity, together with its successors in such capacity, the “Securities Intermediary”), and as purchase contract agent and as attorney-in-fact of the Holders from time to time of the Units (in such capacity, together with its successors in such capacity, the “Purchase Contract Agent”) under the Purchase Contract Agreement.
PNM Resources, Inc. Alvarado Square Albuquerque, NM 87158 APPOINTMENT AS SUCCESSOR REMARKETING AGENT, AMENDMENT, CONSENTPNM Resources Inc • November 5th, 2008 • Electric services
Reference is made to the Remarketing Agreement, dated as of October 7, 2005 (the “Remarketing Agreement”), between PNM Resources, Inc. (the “Company”), Banc of America Securities LLC and U.S. Bank National Association, not individually but solely as purchase contract agent and attorney-in-fact of the holders of Purchase Contracts (as defined in the Purchase Contract Agreement, as amended and restated as of the date hereof and as further amended or supplemented from time to time (the “Amended and Restated Purchase Contract Agreement”)) (the “Purchase Contract Agent and Attorney-in-Fact”). Capitalized terms used herein, but not defined herein, have the meanings assigned to them in the Remarketing Agreement.
SUPPLEMENTAL EMPLOYEE RETIREMENT AGREEMENT FOR PATRICK T. ORTIZSupplemental Employee Retirement Agreement • November 5th, 2008 • PNM Resources Inc • Electric services • New Mexico
Effective as of March 14, 2000, Public Service Company of New Mexico (“PNM”) and Patrick T. Ortiz (the “Employee”) entered into the Supplemental Employee Retirement Agreement for Patrick T. Ortiz (the “Agreement”). Effective as of approximately December 31, 2001, PNM Resources, Inc. (“PNM Resources” or “Company”) became the corporate parent of PNM. Employee became employed by PNM Resources on or about December 31, 2001. Effective January 1, 2005, Employee became employed by PNMR Services Company (“Services”), which also is a subsidiary of PNM Resources.
