record
information that identifies the Company, which information includes the name and
address of the Company and other information that will allow the Bank to
identify the Company in accordance with the Patriot Act.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered by their respective officers thereunto duly authorized as
of the date first above written.
EXELON GENERATION COMPANY, LLC By
Title: UBS AG, STAMFORD BRANCH, as the Bank and as the Administrative Agent By
Title: By
Title:
- 33 -
ANNEX A
Maximum Amount
Increase
Stated Maturity Date
with respect to
Maximum Amount
increase
Maximum Amount
(after giving effect to
Maximum Amount
Increase)
Effective Date
of
Maximum Amount
Increase
Ongoing Facility Fee
(% p.a.)
Ongoing Facility Fee
(after giving effect to
Maximum Amount
Increase)/Make Whole
Premium
Maximum Amount Availability Schedule after giving effect to the Maximum Amount
Increase
Maximum Amount in effect
Until this Stated Maturity Date
Confirmed as of the effective date provided above:
EXELON GENERATION COMPANY, LLC By
Name: Title:
UBS AG, STAMFORD BRANCH By
Name: Title:
By
Name: Title:
EXHIBIT A
DATE:
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER:
BENEFICIARY
APPLICANT
(COMPANY NAME)
(COMPANY NAME) (ADDRESS)
(ADDRESS) (ADDRESS)
(ADDRESS)
(CITY, STATE, ZIP)
(CITY, STATE, ZIP) ATTN.:
AMOUNT
USD
AND 00/100'S US DOLLARS
EXPIRATION
AT OUR COUNTERS
WE HEREBY ISSUE OUR IRREVOCABLE STANDY LETTER OF CREDIT NUMBER
, IN
FAVOR OF
("BENEFICIARY"), BY ORDER AND
FOR THE ACCOUNT OF
AVAILABLE FOR
PAYMENT AT SIGHT AT THE COUNTERS OF
FOR
US$
(
DOLLARS) AGAINST PRESENTATION TO US OF ANY
OF THE FOLLOWING STATEMENTS (WITH BRACKETED LANGUAGE AND BLANKS APPROPRIATELY
COMPLETED OR DELETED), DATED AND SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF
THE BENEFICIARY AND IDENTIFYING BY REFERENCE NO. THIS LETTER OF CREDIT
SUBSTANTIALLY IN THE FORM OF EXHIBIT A HERETO:
1. "AN EVENT OF DEFAULT (AS DEFINED IN THE MASTER PURCHASE AND SALE AGREEMENT
DATED AS OF
BETWEEN BENEFICIARY OF LETTER OF CREDIT NO.
("BENEFICIARY") AND APPLICANT (AS THE SAME MAY BE AMENDED,
THE "MASTER AGREEMENT")) HAS OCCURRED AND IS CONTINUING UNDER THE MASTER
AGREEMENT WITH RESPECT TO THE APPLICANT AND NO EVENT OF DEFAULT HAS OCCURRED AND
IS CONTINUING UNDER THE MASTER AGREEMENT WITH RESPECT TO BENEFICIARY. THE
UNDERSIGNED DOES HEREBY DEMAND PAYMENT OF [$
][THE ENTIRE UNDRAWN
AMOUNT OF THE LETTER OF CREDIT]. PAYMENT SHOULD BE REMITTED TO
. THE UNDERSIGNED IS A DULY AUTHORIZED
REPRESENTATIVE OF THE BENEFICIARY, AND IS AUTHORIZED TO EXECUTE AND DELIVER THIS
CERTIFICATE TO THE BANK;" OR
2. "THE UNDERSIGNED, AS A DULY AUTHORIZED REPRESENTATIVE OF
("BENEFICIARY") AUTHORIZED TO EXECUTE AND DELIVER THIS CERTIFICATE TO THE BANK,
HEREBY CERTIFIES THAT NOT LESS THAN $
(THE "DRAW AMOUNT") IS OWING TO
THE BENEFICIARY BY APPLICANT UNDER THE TERMS OF ONE OR MORE SWAP AGREEMENTS,
FORWARD CONTRACTS AND/OR ELECTRICITY AND/OR GAS PURCHASE AGREEMENTS. THE DRAW
AMOUNT IS NOW PAST DUE AND ALL APPLICABLE GRACE PERIODS FOR ITS PAYMENT HAVE
EXPIRED. DEMAND IS HEREBY MADE UNDER YOUR LETTER OF CREDIT NO.
FOR PAYMENT OF THE