EXHIBIT 10.10D
FOURTH AMENDMENT TO LOAN AGREEMENT
This Amendment made this 28/th/ day of January, 1997, effective as of
December 31, 1996, by and between Sunwest Bank of Albuquerque, National
Association, a national banking association ("Bank") and New Mexico Utilities,
Inc., a New Mexico corporation ("Borrower").
WHEREAS, on January 25, 1995 Bank and Borrower entered into a certain Loan
Agreement ("Loan Agreement") pursuant to the terms and conditions of which
credit has been extended by Bank to Borrower;
WHEREAS, Bank and Borrower entered into a First Amendment to Loan Agreement
dated October 10, 1995 (the "First Amendment").
WHEREAS, Bank and Borrower entered into a Second Amendment to Loan
Agreement dated April 17, 1996 (the "Second Amendment").
WHEREAS, Bank and Borrower entered into a Third Amendment to Loan Agreement
dated July 16, 1996 (the "Third Amendment"). (The Loan Agreement, First
Amendment, Second Amendment and Third Amendment collectively referred to as
"Agreement").
WHEREAS, Bank and Borrower are desirous of amending the Agreement upon
the following terms and conditions.
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby
acknowledged by the undersigned, Bank and Borrower agree as follows:
1. Paragraph 8(e) shall be amended by deleting the phrase "1.20 to 1.00"
and substituting therefor the phrase "1.00 to 1.00".
2. Except as expressly amended hereby, the terms and conditions of the
Agreement and the documents executed and delivered in conjunction with
the credit extended thereunder shall remain in full force and effect
and are hereby ratified.
BORROWER: New Mexico Utilities, Inc.,
a New Mexico corporation
By /s/ XXXXXXX X. XXXXXX
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Xxxxxxx X. Xxxxxx, Vice President
Finance & Chief Financial Officer
GRANTOR: Southwest Water Company,
a Delaware corporation
By /s/ XXXXX X. XXXXXXXX
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Xxxxx Xxxxxxxx, Vice President
Finance & Chief Financial Officer
BANK: Sunwest Bank of Albuquerque,
N.A., a national association
By /s/ XXX X. XXXXXXX
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Xxx X. Xxxxxxx,
Senior Vice President