TERM LOAN AGREEMENT among NM CAPITAL UTILITY CORPORATION, as Borrower, THE LENDERS IDENTIFIED HEREIN, THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Administrative Agent DATED AS OF FEBRUARY 1, 2016Term Loan Agreement • May 2nd, 2016 • Public Service Co of New Mexico • Electric & other services combined • New York
THIS TERM LOAN AGREEMENT (this “Loan Agreement”) is entered into as of February 1, 2016 among NM CAPITAL UTILITY CORPORATION, a Delaware corporation, as Borrower, the Lenders and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Administrative Agent.
FIRST AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • May 2nd, 2016 • Public Service Co of New Mexico • Electric & other services combined • Delaware
THIS FIRST AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”) is entered into as of April 26, 2016, among NM CAPITAL UTILITY CORPORATION, a Delaware corporation (the “Borrower”), the Lender party hereto and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Administrative Agent for the Lender (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in the Loan Agreement (as defined below).
LOAN AGREEMENT Dated as of February 1, 2016 among WESTMORELAND SAN JUAN, LLC, as the Borrower, WESTMORELAND SAN JUAN HOLDINGS, INC., SAN JUAN COAL COMPANY and SAN JUAN TRANSPORTATION COMPANY, as the Guarantors, NM CAPITAL UTILITY CORPORATION, as the...Loan Agreement • May 2nd, 2016 • Public Service Co of New Mexico • Electric & other services combined • New York
This LOAN AGREEMENT is entered into as of February 1, 2016 among WESTMORELAND SAN JUAN, LLC, a Delaware limited liability company (the “Borrower”), WESTMORELAND SAN JUAN HOLDINGS, INC., a Delaware corporation (“Holdings”), SAN JUAN COAL COMPANY, a Delaware corporation (“SJCC”), SAN JUAN TRANSPORTATION COMPANY, a Delaware corporation (“SJTC”), NM CAPITAL UTILITY CORPORATION, a Delaware corporation (the “Lender”), THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., a Japanese banking corporation, as Administrative Agent, and MUFG UNION BANK, N.A., a national banking association, as the Depository Bank.
RECLAMATION BOND AGREEMENTReclamation Bond Agreement • May 2nd, 2016 • Public Service Co of New Mexico • Electric & other services combined • New York
This RECLAMATION BOND AGREEMENT (“Agreement”) is entered into this 31st day of January, 2016 by and between PNM RESOURCES, INC., a New Mexico corporation (“PNM Resources”), WESTMORELAND COAL COMPANY, a Delaware corporation (“Westmoreland”), SAN JUAN COAL COMPANY, a Delaware corporation (“SJCC”) and ZURICH AMERICAN INSURANCE COMPANY, a New York corporation (“Zurich”). PNM Resources, Westmoreland, SJCC and Zurich are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
GUARANTY AGREEMENTGuaranty Agreement • May 2nd, 2016 • Public Service Co of New Mexico • Electric & other services combined • New York
This GUARANTY AGREEMENT, dated as of February 1, 2016 (this “Guaranty”), is made by PNM RESOURCES, INC., a New Mexico corporation (the “Guarantor”), in favor of the Lenders (as defined in the Loan Agreement referred to below) and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as administrative agent (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”) for the Lenders (the Lenders and the Administrative Agent being referred to herein, collectively, as the “Beneficiaries” and, individually, as a “Beneficiary”).
