0001047469-09-003303 Sample Contracts

PURSUANT TO §44-14-35.1 OF OFFICIAL CODE OF GEORGIA ANNOTATED, THIS INSTRUMENT EMBRACES, COVERS AND CONVEYS SECURITY TITLE TO AFTER-ACQUIRED PROPERTY OF THE GRANTOR OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION),
Forty-Fourth Supplemental Indenture • March 27th, 2009 • Oglethorpe Power Corp • Electric services

THIS FORTY-FOURTH SUPPLEMENTAL INDENTURE, dated as of September 1, 2008, is between OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), formerly known as Oglethorpe Power Corporation (An Electric Membership Generation & Transmission Corporation), an electric membership corporation organized and existing under the laws of the State of Georgia, as Grantor (hereinafter called the “Company”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as successor to SunTrust Bank (formerly SunTrust Bank, Atlanta), as Trustee (in such capacity, the “Trustee”).

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FIFTH AMENDED AND RESTATED LOAN CONTRACT Dated as of December 22, 2008 between OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION) and UNITED STATES OF AMERICA
Loan Contract • March 27th, 2009 • Oglethorpe Power Corp • Electric services

THIS FIFTH AMENDED AND RESTATED LOAN CONTRACT, dated as of December 22, 2008, is between OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), formerly known as Oglethorpe Power Corporation (An Electric Membership Generation & Transmission Corporation) (together with any successors and assigns, the “Borrower”), a corporation organized and existing under the laws of the State of Georgia (the “State”), and the UNITED STATES OF AMERICA (the “Government”), acting by and through the Administrator (together with any person succeeding to the powers and rights of the Administrator with respect to this Agreement, the “Administrator”) of the Rural Utilities Service (together with any agency succeeding to the powers and rights of the Rural Utilities Service with respect to this Agreement, the “RUS”), and amends and restates that certain Fourth Amended and Restated Loan Contract, dated as of September 5, 2008, between the Borrower and the Government, acting by and through the Administ

AMENDMENT NO. 1 Dated as of June 1, 2003 to PARTICIPATION AGREEMENT (P1) Dated as of December 30, 1996 among OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), (formerly Oglethorpe Power Corporation (An Electric Membership Generation &...
Participation Agreement • March 27th, 2009 • Oglethorpe Power Corp • Electric services

This AMENDMENT NO. 1, dated as of June 1, 2003 (this “Amendment”) to PARTICIPATION AGREEMENT (P1), dated as of December 30, 1996, among (i) OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), (formerly Oglethorpe Power Corporation (An Electric Membership Generation & Transmission Corporation)) an electric membership corporation organized under the laws of the State of Georgia (herein, together with its successors and permitted assigns, called “Oglethorpe”), (ii) ROCKY MOUNTAIN LEASING CORPORATION, a corporation organized under the laws of the State of Delaware (herein, together with its successors and permitted assigns, called “RMLC”), (iii) PHILIP MORRIS CAPITAL CORPORATION, a corporation organized under the laws of the State of Delaware, as Owner Participant (herein, in such capacity, together with its successors and permitted assigns, called the “Owner Participant”), (iv) U.S. BANK NATIONAL ASSOCIATION (successor to State Street Bank and Trust Company and Fleet Nation

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