PEAKER PROJECTS. To be agreed between the Borrower and txx Xxxxxxxxxxx Engineer and Environmental Consultant (acting on the instructions of the Majority Lenders) with respect to each Subsequent Project which is a Peaker on or prior to the first Utilization relating thereto.
PEAKER PROJECTS. To be agreed between the Borrower and txx Xxxxxxxxxxx Engineer and Environmental Consultant (acting on the instructions of the Majority Lenders) with respect to each Subsequent Project which is a Peaker on or prior to the first Utilization relating thereto. EXHIBIT A AMENDED AND RESTATED CREDIT AGREEMENT FORM OF NOTE PROMISSORY NOTE U.S.$_______________ Dated: _______________, _____ FOR VALUE RECEIVED, the undersigned, SOUTHERN POWER COMPANY, a Delaware corporation (the "Borrower"), HEREBY PROMISES TO PAY to _________________________ (the "Lender") for the account of its Applicable Lending Office on the Final Maturity Date (each as defined in the Credit Agreement referred to below) the principal sum of U.S.$[amount of the Lender's Commitment in figures] or, if less, the aggregate outstanding principal amount of the Advances made by the Lender to the Borrower pursuant to the Amended and Restated Credit Agreement dated as of April 17, 2003 among the Borrower, the Lender and certain other financial institutions parties thereto and Citibank, N.A., as Agent for the Lender and such other financial institutions (as amended or modified from time to time, the "Credit Agreement"; the terms defined therein being used herein as therein defined) outstanding on the Final Maturity Date. The Borrower promises to pay interest on the unpaid principal amount of each Advance from the date of such Advance until such principal amount is paid in full, at such interest rates, and payable at such times, as are specified in the Credit Agreement. Both principal and interest are payable in lawful money of the United States of America to Citibank, N.A., as Agent, at 2 Penns Way, Suite 200, New Castle, DE 19720, Attention: Dave Graxxx, xx xxxx xxx xxxxx. Xxxx Xxxxxxx xxxxx xo the Lender xx xxx Xxxxower pursuant to the Credit Agreement, and all payments made on account of principal thereof, shall be recorded by the Lender and, prior to any transfer hereof, endorsed on the grid attached hereto which is part of this Promissory Note. This Promissory Note is one of the Notes referred to in, and is entitled to the benefits of, the Credit Agreement. The Credit Agreement, among other things, (i) provides for the making of Advances by the Lender to the Borrower from time to time in an aggregate amount not to exceed at any time outstanding the Dollar amount first above mentioned, the debt of the Borrower resulting from each such Advance being evidenced by this Promissory
