SALE AGREEMENT (PVNGS Unit 2 Lease) Dated as of September 18, 2015 Between CGI CAPITAL, INC., PUBLIC SERVICE COMPANY OF NEW MEXICO And but solely as Owner Trustee under the Trust Agreement dated as of August 12, 1986 with CGI Capital, Inc. Exercise of...Sale Agreement • September 22nd, 2015 • Public Service Co of New Mexico • Electric & other services combined • New York
RECITALS 1 ARTICLE 1 DEFINITIONS AND RULES OF CONSTRUCTION 2 (a) Appendix A 2 (b) Other Capitalized Terms 2 ARTICLE 2 PURCHASE AND SALE 6 Section 2.1 Purchase and Sale 6 Section 2.2 Payment of Purchase Price 6 Section 2.3 Authorization and Direction to USBNA 6 Section 2.4 Survival of Transaction Documents 6 ARTICLE 3 CLOSING; CONDITIONS TO CLOSING 7 Section 3.1 Closing 7 Section 3.2 Conditions Precedent to the Obligations of Purchaser 7 (a) Approvals 7 (b) Truth of Representations 7 (c) Performance of Covenants 7 (d) No Default 7 (e) Absence of Certain Events 7 (f) Outstanding Notes 8 (g) Items to be Delivered by Owner Participant 8 Section 3.3 Conditions Precedent to the Obligations of Owner Participant and Owner Trustee 9 (a) Approvals 9 (b) Truth of Representations 9 (c) Performance of Covenants 9 (d) Absence of Certain Events 9 (e) Items to be Delivered by Purchaser 9 (f) Outstanding Notes 10 ARTICLE 4 REPRESENTATIONS AND WARRANTI
