EXECUTION VERSION AMENDED AND RESTATED LOAN AGREEMENT dated as of June 7, 2006Loan Agreement • June 12th, 2006 • Macquarie Infrastructure CO LLC • Wholesale-petroleum & petroleum products (no bulk stations) • New York
March 7, 2006Letter Agreement • June 12th, 2006 • Macquarie Infrastructure CO LLC • Wholesale-petroleum & petroleum products (no bulk stations)
In connection with that certain Purchase Agreement dated August 2, 2005 (as amended, the “Purchase Agreement”), this Letter Agreement sets forth the agreement of k1 Ventures Limited, a Singapore company (“Seller”), Macquarie Gas Holdings LLC, a Delaware limited liability company (“Buyer”) and the other signatories hereto, with respect to certain payment obligations arising out of the settlement conditions (“Settlement Conditions”) agreed upon with the Consumer Advocate (as such Settlement Conditions are currently reflected in the draft attached hereto as Exhibit B) and the anticipated incorporation thereof into any Required Regulatory Approval by the HPUC (“HPUC Approval”) of the sale of The Gas Company (“TGC”) as contemplated by Section 6.8 of the Purchase Agreement. Capitalized terms used herein and not otherwise defined herein shall have the meaning set forth in the Purchase Agreement.
