Notices; Applicable Law and Jurisdiction. The provisions set forth in Sections 9.01 (Notices), 9.02 (Waivers; Amendments), 9.03 (Expenses; Indemnity; Damage Waiver), 9.05 (Survival), 9.07 (Severability), 9.09 (Governing Law; Jurisdiction; Consent to Service of Process), 9.10 (WAIVER OF JURY TRIAL), 9.11 (Headings) and 9.12 (Confidentiality) of the Amended Revolving Credit Agreement shall apply to this Amendment and are hereby incorporated by reference, mutatis mutandis, with the same force and effect as if fully set forth in this Amendment (and as if each reference to “this Agreement” were a reference to this Amendment). Cleco – Amendment No. 3 to Revolving Credit Agreement IN WITNESS WHEREOF, this Amendment has been executed by the undersigned as of the date first set forth above. CLECO CORPORATE HOLDINGS LLC, as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: President and Chief Executive Officer By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Chief Financial Officer Annex A Amended Revolving Credit Agreement [see attached] CONFORMED for Amendment No. 1 made as of July 30, 2018 and Amendment No. 2 made as of February 1, 2019 CREDIT AGREEMENT dated as of April 13, 2016 as amended by Amendment No. 1 made as of July 30, 2018 and , Amendment No. 2 made as of February 1, 2019 and Amendment No. 3 made as of May 15, 2020 among CLECO MERGERSUB INC., as Initial Borrower, to be merged with and into CLECO CORPORATIONCORPORATE HOLDINGS LLC, following consummation of the Acquisition, as Borrower The Lenders Party Hereto, and MIZUHO BANK, LTD., as Administrative Agent CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH, MIZUHO BANK, LTD., JPMORGAN CHASE BANK, N.A., COBANK, ACB, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, MIZUHOREGIONS CAPITAL MARKETS, A DIVISION OF REGIONS BANK, LTD., SUMITOMO MITSUI BANKING CORPORATION and THE BANK OF NOVA SCOTIA, as Joint Lead Arrangers and Joint Bookrunners Table of Contents ARTICLE I DEFINITIONS 21 SECTION 1.01 Defined Terms 21 SECTION 1.02 Classification of Loans and Borrowings 4430 SECTION 1.03 Terms Generally 4430
Appears in 1 contract
Samples: Credit Agreement (Cleco Power LLC)
Notices; Applicable Law and Jurisdiction. The provisions set forth in Sections 9.01 (Notices), 9.02 (Waivers; Amendments), 9.03 (Expenses; Indemnity; Damage Waiver), 9.05 (Survival), 9.07 (Severability), 9.09 (Governing Law; Jurisdiction; Consent to Service of Process), 9.10 (WAIVER OF JURY TRIAL), 9.11 (Headings) and 9.12 (Confidentiality) of the Amended Revolving Term Loan Credit Agreement shall apply to this Amendment and are hereby incorporated by reference, mutatis mutandis, with the same force and effect as if fully set forth in this Amendment (and as if each reference to “this Agreement” were a reference to this Amendment). Cleco – Amendment No. 3 to Revolving Credit Agreement IN WITNESS WHEREOF, this Amendment has been executed by the undersigned as of the date first set forth above. CLECO CORPORATE HOLDINGS LLC, as Borrower By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: President and Chief Executive Officer By: /s/ Xxxx Xxxxx Xxxxxxx Xxxxxxxx Name: Xxxx Xxxxx Xxxxxxx Xxxxxxxx Title: Chief Financial Officer Annex A Amended Revolving Credit Agreement [see attached] CONFORMED for Amendment No. 1 made as of July 30, 2018 and Amendment No. 2 made as of February 1, 2019 CREDIT AGREEMENT dated as of April 13, 2016 as amended by Amendment No. 1 made as of July 30, 2018 and , Amendment No. 2 made as of February 1, 2019 and Amendment No. 3 made as of May 15, 2020 among CLECO MERGERSUB INC., as Initial Borrower, to be merged with and into CLECO CORPORATIONCORPORATE HOLDINGS LLC, following consummation of the Acquisition, as Borrower The Lenders Party Hereto, and MIZUHO BANK, LTD., as Administrative Agent Treasurer CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Authorized Signatory By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Authorized Signatory JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Authorized Officer MIZUHO BANK, LTD., JPMORGAN CHASE BANK, N.A., COBANK, ACB, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, MIZUHOREGIONS CAPITAL MARKETS, A DIVISION OF as a Lender By: /s/ Xxxxx XxXxxxxxxxx Name: Xxxxx XxXxxxxxxxx Title: Authorized Signatory REGIONS BANK, LTD., as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director SUMITOMO MITSUI BANKING CORPORATION and CORPORATION, as a Lender By: /s/ Xxxxxxxxx Xxxx Name: Xxxxxxxxx Xxxx Title: Managing Director THE BANK OF NOVA SCOTIA, as Joint Lead Arrangers and Joint Bookrunners Table of Contents ARTICLE I DEFINITIONS 21 SECTION 1.01 Defined Terms 21 SECTION 1.02 Classification of Loans and Borrowings 4430 SECTION 1.03 Terms Generally 4430a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President MIZUHO BANK, LTD., as Administrative Agent By: /s/ Xxxxx XxXxxxxxxxx Name: Xxxxx XxXxxxxxxxx Title: Authorized Signatory
Appears in 1 contract
Notices; Applicable Law and Jurisdiction. The provisions set forth in Sections 9.01 (Notices), 9.02 (Waivers; Amendments), 9.03 (Expenses; Indemnity; Damage Waiver), 9.05 (Survival), 9.07 (Severability), 9.09 (Governing Law; Jurisdiction; Consent to Service of Process), 9.10 (WAIVER OF JURY TRIAL), 9.11 (Headings) and 9.12 (Confidentiality) of the Amended Revolving Credit Agreement shall apply to this Amendment and are hereby incorporated by reference, mutatis mutandis, with the same force and effect as if fully set forth in this Amendment (and as if each reference to “this Agreement” were a reference to this Amendment). Cleco – Amendment No. 3 to Revolving Credit Agreement IN WITNESS WHEREOF, this Amendment has been executed by the undersigned as of the date first set forth above. CLECO CORPORATE HOLDINGS POWER LLC, as Borrower By: By /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: President and Chief Executive Officer By: By /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Chief Financial Officer MIZUHO BANK, LTD., as Administrative Agent and as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Authorized Signatory CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Authorized Signatory CoBank, ACB, as a Lender By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Managing Director CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Director JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Executive Director REGIONS BANK, as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director SUMITOMO MITSUI BANKING CORPORATION, as a Lender By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Director THE BANK OF NOVA SCOTIA, as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director Annex A Amended Revolving Credit Agreement [see attached] CONFORMED for Amendment No. 1 made as of July 30, 2018 and Amendment No. 2 made as of February 1, 2019 EXECUTION VERSIONExecution Version CREDIT AGREEMENT dated as of April 13, 2016 as amended by Amendment No. 1 made as of July 30, 2018 and , Amendment No. 2 made as of February 1, 2019 and Amendment No. 3 made as of May 15, 2020 among CLECO MERGERSUB INC., as Initial Borrower, the rights and obligations of which are assigned to be merged with and into CLECO CORPORATIONCORPORATE HOLDINGS POWER LLC, immediately following consummation of the Acquisition, as Borrower The Lenders Party Hereto, and MIZUHO BANK, LTD., as Administrative Agent CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH, MIZUHO BANK, LTD., JPMORGAN CHASE BANK, N.A., COBANK, ACB, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, MIZUHOREGIONS CAPITAL MARKETS, A DIVISION OF REGIONS BANK, LTD., SUMITOMO MITSUI BANKING CORPORATION CORPORATION, and THE BANK OF NOVA SCOTIA, and COBANK, ACB, as Joint Lead Arrangers and Joint Bookrunners Table of Contents ARTICLE I DEFINITIONS 21 2 SECTION 1.01 Defined Terms 21 2 SECTION 1.02 Classification of Loans and Borrowings 4430 3742 SECTION 1.03 Terms Generally 44303743
Appears in 1 contract
Samples: Credit Agreement (Cleco Power LLC)
Notices; Applicable Law and Jurisdiction. The provisions set forth in Sections 9.01 (Notices), 9.02 (Waivers; Amendments), 9.03 (Expenses; Indemnity; Damage Waiver), 9.05 (Survival), 9.07 (Severability), 9.09 (Governing Law; Jurisdiction; Consent to Service of Process), 9.10 (WAIVER OF JURY TRIAL), 9.11 (Headings) and 9.12 (Confidentiality) of the Amended Revolving Credit Agreement shall apply to this Amendment and are hereby incorporated by reference, mutatis mutandis, with the same force and effect as if fully set forth in this Amendment (and as if each reference to “this Agreement” were a reference to this Amendment). Cleco – Amendment No. 3 to Revolving Credit Agreement IN WITNESS WHEREOF, this Amendment has been executed by the undersigned as of the date first set forth above. CLECO CORPORATE HOLDINGS LLC, as Borrower By: By /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: President and Chief Executive Officer By: By /s/ Xxxx Xxxxx Xxxxxxx Xxxxxxxx Name: Xxxx Xxxxx Xxxxxxx Xxxxxxxx Title: Chief Financial Officer Annex A Amended Revolving Credit Agreement [see attached] CONFORMED for Amendment No. 1 made as of July 30, 2018 and Amendment No. 2 made as of February 1, 2019 CREDIT AGREEMENT dated as of April 13, 2016 as amended by Amendment No. 1 made as of July 30, 2018 and , Amendment No. 2 made as of February 1, 2019 and Amendment No. 3 made as of May 15, 2020 among CLECO MERGERSUB INC., as Initial Borrower, to be merged with and into CLECO CORPORATIONCORPORATE HOLDINGS LLC, following consummation of the Acquisition, as Borrower The Lenders Party Hereto, and MIZUHO BANK, LTD., as Administrative Agent Treasurer CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH, MIZUHO BANK, LTD., JPMORGAN CHASE BANK, N.A., COBANK, ACB, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Authorized Signatory By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Authorized Signatory CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, MIZUHOREGIONS CAPITAL MARKETS, A DIVISION OF REGIONS as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Director MIZUHO BANK, LTD., as Issuing Bank, Lender and Swingline Lender By: /s/ Xxxxx XxXxxxxxxxx Name: Xxxxx XxXxxxxxxxx Title: Authorized Signatory REGIONS BANK as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director SUMITOMO MITSUI BANKING CORPORATION and CORPORATION, as a Lender By: /s/ Xxxxxxxxx Xxxx Name: Xxxxxxxxx Xxxx Title: Managing Director THE BANK OF NOVA SCOTIA, as Joint Lead Arrangers and Joint Bookrunners Table of Contents ARTICLE I DEFINITIONS 21 SECTION 1.01 Defined Terms 21 SECTION 1.02 Classification of Loans and Borrowings 4430 SECTION 1.03 Terms Generally 4430a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director COBANK, ACB, as a Lender By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Managing Director JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Authorized Officer XXXXX FARGO BANK, N.A., as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President MIZUHO BANK, LTD., as Administrative Agent By: /s/ Xxxxx XxXxxxxxxxx Name: Xxxxx XxXxxxxxxxx Title: Authorized Signatory
Appears in 1 contract
Samples: Credit Agreement (Cleco Power LLC)
