EPC GUARANTEEEpc Guarantee guarantee • April 16th, 2002 • Cogentrix Energy Inc • Electric services • New York
GUARANTEE (this "Guarantee"), dated as of December 31, 2001, made by COGENTRIX ENERGY, INC., a North Carolina corporation (the "Guarantor"), in favor of: (i) CALEDONIA GENERATING, LLC (the "Borrower"); (ii) WILMINGTON TRUST COMPANY (as successor to First Union National Bank), as security agent (in such capacity, the "Security Agent") for General Electric Capital Corporation, as letter of credit provider (the "Letter of Credit Provider"), General Electric Capital Corporation and the other banks and financial institutions ("Lenders") parties to the Loan and Reimbursement Agreement, dated as of July 20, 2001 (as amended, supplemented or otherwise modified from time to time, the "Loan Agreement"), among the Borrower, the Letter of Credit Provider, the Lenders and General Electric Capital Corporation, as administrative agent (in such capacity, the "Administrative Agent"); and (iii) the Administrative Agent.
