GUARANTYGuaranty • July 18th, 2008 • Kansas City Power & Light Co • Electric services • New York
THIS GUARANTY, dated as of July 15, 2008 (the “Guaranty”), is made by GREAT PLAINS ENERGY INCORPORATED, a Delaware limited liability company (together with its successors and permitted assigns, the “Guarantor”), in favor of Union Bank of California, N.A., acting in its capacity as successor trustee under the Indenture (as defined below) and the holders of the Notes (as defined below).
FORM OF GUARANTY dated as of July 14, 2008 between GREAT PLAINS ENERGY INCORPORATED, and UNION BANK OF CALIFORNIA, N.A., as Administrative AgentKansas City Power & Light Co • July 18th, 2008 • Electric services • New York
Reference is made to the Credit Agreement dated as of August 31, 2005 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Aquila, Inc. (the “Borrower”), the lenders from time to time party thereto (collectively, the “Lenders” and individually, a “Lender”), and Union Bank of California, N.A., as Administrative Agent (together with its successors in such capacity, the “Administrative Agent”), as Issuing Bank and as Sole Lead Arranger. The Lenders have extended credit to the Borrower subject to the terms and conditions set forth in the Credit Agreement. Pursuant to an Agreement and Plan of Merger dated as of February 6, 2007, by and among the Guarantor, Borrower, Black Hills Corporation and Gregory Acquisition Corp. (the “Merger Agreement”), the Borrower has agreed to be acquired by the Guarantor. The transaction will be consummated by merging Gregory Acquisition Corp. with and into the Borrower (the “Merger”), with the Borrower continuing as
FORM OF GUARANTY dated as of July 14, 2008 between GREAT PLAINS ENERGY INCORPORATED, and UNION BANK OF CALIFORNIA, N.A., as AgentFinancing Agreement • July 18th, 2008 • Kansas City Power & Light Co • Electric services • New York
Reference is made to the Financing Agreement dated as of April 22, 2005 (as amended, supplemented or otherwise modified from time to time, the “Financing Agreement”), among Aquila, Inc. (the “Borrower”), the lenders from time to time party thereto (collectively, the “Lenders” and individually, a “Lender”), and Union Bank of California, N.A. as Agent (together with its successors in such capacity, the “Agent”). The Lenders have extended credit to the Borrower subject to the terms and conditions set forth in the Financing Agreement. Pursuant to an Agreement and Plan of Merger dated as of February 6, 2007, by and among the Guarantor, Borrower, Black Hills Corporation and Gregory Acquisition Corp. (the “Merger Agreement”), the Borrower has agreed to be acquired by the Guarantor. The transaction will be consummated by merging Gregory Acquisition Corp. with and into the Borrower (the “Merger”), with the Borrower continuing as the surviving corporation. Upon completion of the Merger, the Borr
