CEI UNSECURED GUARANTYExecution Version • March 26th, 2004 • Cogentrix Energy Inc • Electric services • New York
GUARANTY (this “Guaranty”), dated as of February 26, 2004, made by Cogentrix Energy, Inc., a Delaware corporation (the “Guarantor”), in favor of the Guarantied Parties referred to below.
SUBSIDIARY GUARANTYExecution Version • March 26th, 2004 • Cogentrix Energy Inc • Electric services • New York
GUARANTY (this “Guaranty”), dated as of February 26, 2004, made by each of the Persons named as a guarantor on the signature pages hereto (each, a “Guarantor” and collectively, the “Guarantors”), in favor of the Guarantied Parties referred to below.
SECURITY AGREEMENT Dated February 26, 2004 From The Grantors referred to herein, as Grantors to BNP Paribas, as Collateral AgentSecurity Agreement • March 26th, 2004 • Cogentrix Energy Inc • Electric services • New York
SECURITY AGREEMENT (this “Agreement”) dated February 26, 2004 made by Cogentrix Delaware Holdings, Inc., a Delaware corporation (the “Borrower”), Cogentrix Energy, Inc., a North Carolina corporation (“CEI”), the Persons listed on Schedule VI hereto (the “Subsidiary Grantors”), the Persons listed on Schedule VII hereto (such Persons, together with the Borrower and CEI, the “Pledgors”) and the Additional Grantors (as defined in Section 16) (the Subsidiary Grantors, the Pledgors and the Additional Grantors being, collectively, the “Grantors”), in favor of BNP Paribas, as Collateral Agent (together with any successor collateral agent appointed pursuant to Section 9.07 of the Credit Agreement (as hereinafter defined)) under the Credit Agreement (as hereinafter defined) (the “Collateral Agent”).
CREDIT AGREEMENT dated as of February 26, 2004 among COGENTRIX DELAWARE HOLDINGS, INC., as Borrower, COGENTRIX ENERGY, INC., THE LENDERS NAMED HEREIN, BNP PARIBAS, as Issuer, BNP PARIBAS and UNION BANK OF CALIFORNIA, N.A., as Joint Lead Arrangers and...Credit Agreement • March 26th, 2004 • Cogentrix Energy Inc • Electric services • New York
CREDIT AGREEMENT dated as of February 26, 2004 among Cogentrix Delaware Holdings, Inc., a Delaware corporation (the “Borrower”), Cogentrix Energy, Inc., a North Carolina corporation (“CEI”), the Lenders named herein, BNP Paribas (“BNP Paribas”) as issuer of Letters of Credit (as hereinafter defined) (in such capacity, the “Issuer”), BNP Paribas and Union Bank of California, N.A. (“UBOC”), as Joint Lead Arrangers and Bookrunners for the Revolving Facility (as hereinafter defined) (in such capacity, the “Revolving Credit Facility Joint Lead Arrangers”), Goldman Sachs Credit Partners L.P. (“GSCP”), as Sole Arranger and Bookrunner for the Term Facility (as hereinafter defined) (in such capacity, the “Term Facility Arranger”), GSCP and UBOC, as Co-Syndication Agents (the “Co-Syndication Agents”), Bayerische Hypo-und Vereinsbank AG, New York Branch, as Documentation Agent, BNP Paribas, as Collateral Agent (in such capacity, the “Collateral Agent”), and BNP Paribas, as Administrative Agent (i
