Peco Energy Capital Trust Ii Sample Contracts

Peco Energy Capital Trust Ii – PAYMENT AND GUARANTEE AGREEMENT (May 23rd, 1997)

PAYMENT AND GUARANTEE AGREEMENT THIS PAYMENT AND GUARANTEE AGREEMENT ("Guarantee Agreement"), dated as of June ___, 1997, is executed and delivered by PECO Energy Company, a Pennsylvania corporation (the "Guarantor"), for the benefit of the Holders (as defined below) of the Series C Preferred Securities (as defined below) of PECO Energy Capital, L.P., a Delaware limited partnership ("PECO Energy Capital"), the general partner of which is PECO Energy Capital Corp. (the "General Partner"), a Delaware corporation and a wholly owned subsidiary of the Guarantor. WHEREAS, PECO Energy Capital is issuing on the date hereof $50,000,000 aggregate stated liquidation preference of limited partner interests of a series designated the ____% Cumulative Monthly Income Preferred Securities, Series C (the "Series C Preferred Securities"), and the Guarantor desires to enter into this Guarantee Agreement for the benefit of the Holders, as

Peco Energy Capital Trust Ii – INDENTURE (May 23rd, 1997)

PECO ENERGY COMPANY AND First Union National Bank, as Trustee SECOND SUPPLEMENTAL INDENTURE Dated as of June 1, 1997 to INDENTURE Dated as of July 1, 1994 Providing for the Issuance of ____% Deferrable Interest Subordinated Debentures, Series C TABLE OF CONTENTS Page ---- ARTICLE 1 DEFINITIONS AND INCORPORATION BY REFERENCE................. 2 SECTION 1.01 Definitions..........................

Peco Energy Capital Trust Ii – TRUST AGREEMENT (May 23rd, 1997)

================================================================================ AMENDED AND RESTATED TRUST AGREEMENT OF PECO ENERGY CAPITAL TRUST II PECO ENERGY CAPITAL, L.P., as Grantor and FIRST UNION TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee Dated as of June ___, 1997 ================================================================================ TABLE OF CONTENTS Page ---- ARTICLE I DEF

Peco Energy Capital Trust Ii – TRUST AGREEMENT (May 23rd, 1997)

TRUST AGREEMENT This TRUST AGREEMENT of PECO Energy Capital Trust II (the "Trust"), dated as of May 20, 1997, between PECO Energy Capital, L.P., a Delaware limited partnership (the "Depositor"), First Union Trust Company, National Association, a national association, not in its individual capacity but solely in its capacity as trustee of the Trust (the "Trustee"). The Depositor and the Trustee hereby agree as follows: 1. The trust created hereby shall be known as "PECO Energy Capital Trust II," for which the Trustee, or the Depositor to the extent provided herein, may conduct the business of the Trust, make and execute contracts, and sue and be sued. 2. The Depositor hereby assigns, transfers, conveys and sets over to the Trustee the sum of $10. The Trustee hereby acknowledges receipt of such amount in trust from the Depositor, which amount shall constitute the initial trust estate. The Trust