ContractIncremental Facility Assumption Agreement • August 7th, 2007 • El Paso Electric Co /Tx/ • Electric services • New York
INCREMENTAL FACILITY ASSUMPTION AGREEMENT dated as of July 12, 2007 (this “Assumption Agreement”), related to the CREDIT AGREEMENT dated as of April 11, 2006 (the “Credit Agreement”), among El Paso Electric Company, a Texas corporation (“El Paso”), The Bank of New York Trust Company, National Association, not in its individual capacity, but solely in its capacity as trustee of the Rio Grande Resources Trust II (as successor to JPMorgan Chase Bank, N.A. in such capacity, the “Trustee”), the lenders from time to time party thereto (the “Lenders”), and JPMorgan Chase Bank, N.A., as issuing bank and as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
Page ARTICLE 1 DEMISED PREMISES; TERM; USE 1 1.01 Demise 1 1.02 Term 2 1.03 Use 2 ARTICLE 2 RENT 2 2.01 Rent 2 2.02 Fixed Rent 2 2.03 Additional Rent 2 2.04 Payment in Lieu of Operating Expenses 2 2.05 Fixed Rent Credit Period 4 2.06 Tax Payments 5...Lease • August 7th, 2007 • El Paso Electric Co /Tx/ • Electric services • Texas
LEASE, dated as of June 1, 2007, between 100 NORTH STANTON TOWER LLC, a Delaware limited liability company, whose address is c/o Best Real Estate, 300 E. Main, Suite 1200, El Paso, Texas 79901, Attention: Laura Pople (“Landlord”), and El Paso Electric Company (“Tenant”), a Texas corporation whose address is 100 North Stanton Street, El Paso, Texas 79901.
SECOND AMENDMENT TO PURCHASE CONTRACTPurchase Contract • August 7th, 2007 • El Paso Electric Co /Tx/ • Electric services • Texas
THIS SECOND AMENDMENT dated as of July 12, 2007 (the “Second Amendment”), to the PURCHASE CONTRACT dated as of February 12, 1996 (the “Purchase Contract”), is entered into between THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION, a limited purpose national banking association with trust powers, in its capacity as successor trustee of the Rio Grande Resources Trust II (the “Trustee”), (said Trustee being the successor to JPMorgan Chase Bank, National Association, formerly known as JPMorgan Chase Bank, successor by merger to The Chase Manhattan Bank, successor by merger to Chase Bank of Texas, National Association, successor by change of name to Texas Commerce Bank National Association, as trustee of the Rio Grande Resources Trust II (the “Prior Trustee”)), and EL PASO ELECTRIC COMPANY, a Texas corporation (“El Paso”).
