AMENDMENT NO. 2 TO PARTICIPATION AGREEMENTParticipation Agreement • January 13th, 2005 • Old Dominion Electric Cooperative • Electric services • New York
THIS AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT (this “Amendment”) is dated as of December 31, 2004, between and among (i) OLD DOMINION ELECTRIC COOPERATIVE, a utility aggregation cooperative organized under the laws of the Commonwealth of Virginia (“Old Dominion”), (ii) U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR TO STATE STREET BANK AND TRUST COMPANY, not in its individual capacity, but solely as trustee under the Trust Agreement (the “Owner Trustee”), (iii) WACHOVIA BANK, NATIONAL ASSOCIATION, FORMERLY KNOWN AS FIRST UNION NATIONAL BANK, SUCCESSOR BY MERGER TO FIRST UNION NATIONAL BANK OF FLORIDA, a national banking association, as Owner Participant (the “Owner Participant”), (iv) UTRECHT-AMERICA FINANCE CO., a Delaware corporation, as Series A Lender and Agent for the Lenders (“Utrecht”), and (v) CEDAR HILL INTERNATIONAL CORP., a Delaware corporation, as Series B Lender (“Cedar Hill”).
