0001104659-14-026209 Sample Contracts

AMENDED AND RESTATED PARTICIPATION AGREEMENT (T2) Dated as of April 1, 2014 among MIDWEST GENERATION, LLC, POWERTON TRUST II, WILMINGTON TRUST COMPANY, not in its individual capacity, except as expressly provided herein, but solely as Owner Trustee,...
Participation Agreement • April 7th, 2014 • Midwest Generation LLC • Cogeneration services & small power producers

This AMENDED AND RESTATED PARTICIPATION AGREEMENT (T1), dated as of April 1, 2014 (as may be amended, supplemented or otherwise modified from time to time, this “Participation Agreement” or this “Agreement”), among, (i) MIDWEST GENERATION, LLC, a Delaware limited liability company, as the Facility Lessee and as the Ground Lessor (herein, together with its successors and permitted assigns, called “Midwest”), (ii) POWERTON TRUST II, a Delaware statutory trust created for the benefit of Powerton Generation II, LLC, as the Facility Lessor and as the Ground Lessee (herein, together with its successors and permitted assigns, called the “Owner Lessor”), (iii) WILMINGTON TRUST COMPANY, a Delaware trust company, not in its individual capacity, except as expressly provided herein, but solely as trustee under the Trust Agreement (herein in its capacity as a trustee under the Trust Agreement, together with its successors and permitted assigns, called the “Owner Trustee,” and herein in its individu

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FIRST AMENDMENT TO FACILITY LEASE (T2)
Facility Lease • April 7th, 2014 • Midwest Generation LLC • Cogeneration services & small power producers

THIS FIRST AMENDMENT TO FACILITY LEASE (T2) (“First Amendment”) is made and entered effective as of April 1, 2014, by and between Joliet Trust II, a Delaware statutory trust (the “Owner Lessor”), and Midwest Generation, LLC, a Delaware limited liability company (the “Facility Lessee”).

CONSENT TO MODIFICATION AND ASSUMPTION OF POJO LEASES AND DOCUMENTS
Mortgage and Security Agreement • April 7th, 2014 • Midwest Generation LLC • Cogeneration services & small power producers

This Consent to Modification and Assumption of PoJo Leases and Documents dated April 1, 2014, is made by and between the undersigned Parties. Capitalized terms used in this agreement shall have the meanings, for purposes of this agreement only, specified in Section 1 of this agreement.

FIRST AMENDMENT TO FACILITY LEASE (T1)
Midwest Generation LLC • April 7th, 2014 • Cogeneration services & small power producers

THIS FIRST AMENDMENT TO FACILITY LEASE (T1) (“First Amendment”) is made and entered effective as of April 1, 2014, by and between Nesbitt Asset Recovery Series P-1 (f/k/a Powerton Trust I), a Delaware statutory trust (the “Owner Lessor”), and Midwest Generation, LLC, a Delaware limited liability company (the “Facility Lessee”).

FIRST AMENDMENT TO FACILITY LEASE (T1)
Midwest Generation LLC • April 7th, 2014 • Cogeneration services & small power producers

THIS FIRST AMENDMENT TO FACILITY LEASE (T1) (“First Amendment”) is made and entered effective as of April 1, 2014, by and between Nesbitt Asset Recovery Series J-1 (f/k/a Joliet Trust I), a Delaware statutory trust (the “Owner Lessor”), and Midwest Generation, LLC, a Delaware limited liability company (the “Facility Lessee”).

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