TO THE DATE OF REPAYMENT, SHALL HAVE BEEN
RECEIVED BY SUCH LENDER.
SECTION 11.24
TREASURY REGULATIONS.
THE BORROWER ACKNOWLEDGES THAT THE
ADMINISTRATIVE AGENT AND/OR ONE OR MORE OF THE LENDERS MAY TREAT THE LOANS AS
PART OF A TRANSACTION THAT IS SUBJECT TO TREASURY REGULATION SECTION 1.6011-4 OR
SECTION 301.6112-1, AND THE ADMINISTRATIVE AGENT AND SUCH LENDER OR LENDERS, AS
APPLICABLE, MAY FILE SUCH IRS FORMS OR MAINTAIN SUCH LISTS AND OTHER RECORDS AS
THEY MAY DETERMINE IS REQUIRED BY SUCH TREASURY REGULATIONS.
SECTION 11.25
USA PATRIOT ACT.
EACH LENDER SUBJECT TO THE USA PATRIOT
ACT HEREBY NOTIFIES THE BORROWER THAT PURSUANT TO THE REQUIREMENTS OF THE USA
PATRIOT ACT, IT IS REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION THAT
IDENTIFIES THE BORROWER, WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF THE
BORROWER AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER TO IDENTIFY THE
BORROWER IN ACCORDANCE WITH THE USA PATRIOT ACT.
[Remainder of page intentionally left blank; signature pages follow.]
74
IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this
Agreement to be duly executed and delivered as of the date first above written.
THE DAYTON POWER AND LIGHT COMPANY
By:
Name:
Title:
KEYBANK NATIONAL ASSOCIATION,
as a Lender, LC Issuer and as the Administrative Agent
By:
Name:
Title:
JPMORGAN CHASE BANK, N.A.
By:
Name:
Title:
FIFTH THIRD BANK
By:
Name:
Title:
Signature Page
to
The Dayton Power and Light Company Credit Agreement
ANNEX I
INFORMATION AS TO LENDERS
Name of Lender
Commitments
Notice Address
KeyBank National Association
Commitment:
$80,000,000
KeyBank National Association
127 Public Square
Cleveland, Ohio 44114
Facsimile: (216) 689-5962
Attention: Yvette M. Dyson-Owens
JPMorgan Chase Bank, N.A.
Commitment:
$70,000,000
JPMorgan Chase Bank, N.A.
10 S. Dearborn, Floor 7
Mail Code IL1-0010
Chicago, Illinois 60603
Facsimile: (312) 385-7096
Attention: Joyce King
Fifth Third Bank
Commitment:
$70,000,000
Fifth Third Bank
5050 Kingsley Drive
1 MOC 2B
Cincinnati, Ohio 45263
E-1
EXHIBIT A
REVOLVING NOTE
$
Cleveland, Ohio
, 20
FOR VALUE RECEIVED, the undersigned, THE DAYTON POWER AND LIGHT COMPANY, an Ohio
corporation (herein, together with its successors and assigns, the "Borrower"),
hereby promises to pay to the order of
(the
"Lender"), in lawful money of the United States of America and in immediately
available funds, at the Payment Office (such term and certain other capitalized
terms used herein without definition shall have the meanings ascribed thereto in
the Credit Agreement referred to below) of KeyBank National Association (the
"Administrative Agent"), the principal sum of
DOLLARS
AND 00/100 ($
) or, if less, the then unpaid principal
amount of all Loans made by the Lender to the Borrower pursuant to the Credit
Agreement, on the Maturity Date.
The Borrower promises also to pay interest in like currency and funds at the
Payment Office on the unpaid principal amount of each Loan made by the Lender
from the date of such Loan until paid at the rates and at the times provided in
Section 2.7 of the Credit Agreement.
This Note