AMENDED AND RESTATED GUARANTY AGREEMENTGuaranty Agreement • August 19th, 2005 • Public Service Co of New Mexico • Electric & other services combined • New York
THIS AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of August 15, 2005 (this "Guaranty"), is made by PNM RESOURCES, INC., a New Mexico corporation (the "Guarantor"), for the benefit of each of the lenders (each a "Lender" and collectively the "Lenders") now or hereafter party to that certain Amended and Restated Credit Agreement, dated as of August 15, 2005 (as amended, modified, supplemented or restated from time to time, the "Credit Agreement") among the Guarantor, First Choice Power, L.P., a Texas limited partnership (the "Subsidiary Borrower", together with the Guarantor and, subject to compliance with Section 2.6 of the Credit Agreement, certain Subsidiaries of the Guarantor from time to time, individually a "Borrower" and collectively the "Borrowers"), the Lenders and Bank of America, N.A., as administrative agent for the Lenders (the "Administrative Agent"), and for the benefit of the Administrative Agent (the Lenders and the Administrative Agent are collectively referred to
