HAWAIIAN ELECTRIC COMPANY, INC. AND THE BANK OF NEW YORK, AS TRUSTEE JUNIOR INDENTURE Dated as of March 1, 2004 Providing for the Issuance of Junior Subordinated Deferrable Interest Debentures in Series including 6.500% Junior Subordinated Deferrable...Junior Indenture • March 22nd, 2004 • Hawaiian Electric Co Inc • Electric services • New York
JUNIOR INDENTURE (this “Indenture” or “Junior Indenture”), dated as of March 1, 2004, by and between Hawaiian Electric Company, Inc., a corporation duly organized and existing under the laws of Hawaii (the “Company”), and The Bank of New York, a New York banking corporation, as trustee (the “Trustee”).
Amended and Restated Trust Agreement for HECO Capital Trust III Among HAWAIIAN ELECTRIC COMPANY, INC. (as Depositor) THE BANK OF NEW YORK (as Property Trustee) THE BANK OF NEW YORK (DELAWARE) (as Delaware Trustee) and THE ADMINISTRATIVE TRUSTEES NAMED...Trust Agreement • March 22nd, 2004 • Hawaiian Electric Co Inc • Electric services • Delaware
AMENDED AND RESTATED TRUST AGREEMENT of HECO Capital Trust III (the “Trust”), dated as of March 1, 2004, among (i) Hawaiian Electric Company, Inc., a Hawaii corporation (the “Depositor” or “HECO”), (ii) The Bank of New York, a New York banking corporation, as trustee (the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) T. Michael May, Richard A. von Gnechten and Lorie Ann Nagata, individuals whose address is c/o Hawaiian Electric Company, Inc., 900 Richards Street, Honolulu, Hawaii 96813 (the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee and the Administrative Trustee are referred to collectively as the “Trustees”), and (v) the several Holders (as defined herein).
EXPENSE AGREEMENTAgreement • March 22nd, 2004 • Hawaiian Electric Co Inc • Electric services • Hawaii
AGREEMENT dated as of March 1, 2004, between Hawaiian Electric Company, Inc., a Hawaii corporation (“HECO”), Maui Electric Company, Limited, a Hawaii corporation (“MECO”), Hawaii Electric Light Company, Inc., a Hawaii corporation (“HELCO”), and HECO Capital Trust III, a Delaware statutory trust (the “Trust”).
2,000,000 Preferred Securities HECO CAPITAL TRUST III (Liquidation Preference $25 per QUIPS) fully and unconditionally guaranteed, as set forth herein, by HAWAIIAN ELECTRIC COMPANY, INC. UNDERWRITING AGREEMENT March 11, 2004Underwriting Agreement • March 22nd, 2004 • Hawaiian Electric Co Inc • Electric services • New York
Trust Guarantee Agreement Between HAWAIIAN ELECTRIC COMPANY, INC. (as Guarantor) and THE BANK OF NEW YORK (as Trust Guarantee Trustee) Dated as of March 1, 2004Trust Guarantee Agreement • March 22nd, 2004 • Hawaiian Electric Co Inc • Electric services • New York
This TRUST GUARANTEE AGREEMENT (this “Trust Guarantee”), dated as of March 1, 2004, is executed and delivered by Hawaiian Electric Company, Inc., a Hawaii corporation (the “Guarantor” or “HECO”), to The Bank of New York, a New York banking corporation, as trustee (the “Trust Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities (as defined herein) of HECO Capital Trust III, a Delaware statutory trust (the “Trust”).
HAWAIIAN ELECTRIC INDUSTRIES, INC. (a Hawaii corporation) 2,000,000 Shares of Common Stock (Without Par Value) PURCHASE AGREEMENTPurchase Agreement • March 22nd, 2004 • Hawaiian Electric Co Inc • Electric services • New York
Hawaiian Electric Industries, Inc., a Hawaii corporation (the “Company”), confirms its agreement with Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), with respect to the issuance and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, without par value, of the Company (“Common Stock”) set forth in said Schedule A, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 300,000 additional shares of Common Stock to cover over-allotments, if any. The aforesaid 2,000,000 shares of Common Stock (the “Initial Securities”) to be purchased by
