0001108426-15-000116 Sample Contracts

Coal Supply Agreement By and Between Westmoreland Coal Company and Public Service Company of New Mexico
Coal Supply Agreement • October 30th, 2015 • Public Service Co of New Mexico • Electric & other services combined • New Mexico

THIS COAL SUPPLY AGREEMENT (“Agreement”) is dated July 1, 2015 between WESTMORELAND COAL COMPANY, a Delaware corporation (“Westmoreland”) and PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico corporation (“Utility”), (with Westmoreland and Utility herein sometimes being referred to herein individually as “Party” and collectively as “Parties”).

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Underground Coal Sales Agreement Termination and Mutual Release Agreement Among San Juan Coal Company And BHP Billiton New Mexico Coal, Inc. And Public Service Company of New Mexico And Tucson Electric Power Company
Release Agreement • October 30th, 2015 • Public Service Co of New Mexico • Electric & other services combined • New Mexico

THIS UNDERGROUND COAL SALES AGREEMENT TERMINATION AND MUTUAL RELEASE AGREEMENT (“Agreement”) dated July 1, 2015, is between SAN JUAN COAL COMPANY, a Delaware corporation (herein "SJCC"), BHP BILLITON NEW MEXICO COAL, INC., a Delaware corporation (“BBNMC”), and PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico corporation (“PNM”), and TUCSON ELECTRIC POWER COMPANY, an Arizona corporation (“TEP”) (herein collectively referred to as "Utilities"), (with SJCC, BBNMC, and Utilities herein sometimes collectively referred to as "Parties").

FIRST AMENDMENT TO TERM LOAN AGREEMENT
Term Loan Agreement • October 30th, 2015 • Public Service Co of New Mexico • Electric & other services combined • New York

THIS FIRST AMENDMENT TO TERM LOAN AGREEMENT (this "Amendment") is entered into as of September 9, 2015 among PNM RESOURCES, INC., a New Mexico corporation (the "Borrower"), the Lenders party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, 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 Loan Agreement (as defined below).

FOURTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • October 30th, 2015 • Public Service Co of New Mexico • Electric & other services combined • New York

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of September 9, 2015 among PNM RESOURCES, INC., a New Mexico corporation (the "Borrower"), the Lenders party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, 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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