Extension Agreement to Credit Agreement, dated as of March 27, 2024, among Con Edison, CECONY, O&R, the lenders party thereto and Bank of America, N.A., as Administrative Agent
Exhibit 10.2
EXTENSION AGREEMENT
Bank of America, N.A. |
Ladies and Gentlemen:
The undersigned hereby agree to extend, effective March 27, 2024, the Termination Date under the Credit Agreement dated as of March 27, 2023 (as further amended from time to time, the Credit Agreement) among Consolidated Edison Company of New York, Inc., Consolidated Edison, Inc. Orange and Rockland Utilities, Inc., the Lenders party thereto and Bank of America, N.A., as Administrative Agent, for one year to March 27, 2029, and by their acceptance hereof, the Borrowers hereby confirm that the conditions set forth in Section 2.19(b)(i) and (ii) of the Credit Agreement are satisfied as to such extension. Terms defined in the Credit Agreement are used herein with the same meaning.
By executing this Extension Agreement, the undersigned Lenders (which constitute the Required Lenders under the Credit Agreement) also agree to waive the requirement in Section 2.19(a) of the Credit Agreement requiring (a) the extension contemplated herein to be requested no earlier than on or after the first anniversary of the Effective Date (such request date, the Extension Request Date), and (b) not less than 30 days written notice to be provided to the Administrative Agent following the Extension Request Date before the extension contemplated herein can take effect.
This Extension Agreement shall be construed in accordance with and governed by the law of the State of New York.
Agreed and accepted: | ||
CONSOLIDATED EDISON COMPANY OF | ||
NEW YORK, INC. | ||
By: | /s/ Yukari Saegusa |
Name: | Yukari Saegusa | |
Title: | Vice President and Treasurer | |
CONSOLIDATED EDISON, INC. |
By: | /s/ Yukari Saegusa |
Name: | Yukari Saegusa | |
Title: | Vice President and Treasurer | |
ORANGE AND ROCKLAND UTILITIES, | ||
INC. |
By: | /s/ Yukari Saegusa |
Name: | Yukari Saegusa | |
Title: | Vice President and Treasurer |
[Signature Page to Extension Agreement]
BANK OF AMERICA, N.A., | ||||
By: | /s/ Kelly Weaver | |||
Name: | Kelly Weaver | |||
Title: | Vice President | |||
BANK OF AMERICA, N.A., | ||||
By: | /s/ Jacqueline G. Margetis | |||
Name: | Jacqueline G. Margetis | |||
Title: | Director |
[Signature Page to Extension Agreement]
Barclays Bank PLC, as Lender | ||
By: | /s/ Sydney G. Dennis | |
Name: Sydney G. Dennis | ||
Title: Director |
[Signature Page to Extension Agreement]
Citibank, N.A., as Lender | ||
By: | /s/ Richard Rivera | |
Name: Richard Rivera | ||
Title: Vice President |
[Signature Page to Extension Agreement]
JPMorgan Chase Bank, N.A., | ||
By: | /s/ Khawaja Tariq | |
Name: Khawaja Tariq | ||
Title: Vice President |
[Signature Page to Extension Agreement]
Mizuho Bank, Ltd., as Lender | ||
By: | /s/ Edward Sacks | |
Name: Edward Sacks | ||
Title: Authorized Signatory |
[Signature Page to Extension Agreement]
Wells Fargo Bank, National Association, | ||||
By: | /s/ Patrick Engel | |||
Name: | Patrick Engel | |||
Title: | Managing Director |
[Signature Page to Extension Agreement]
KeyBank National Association, as Lender
| ||||
By: | /s/ Richard Gerling | |||
Name: | Richard Gerling | |||
Title: | Senior Vice President |
[Signature Page to Extension Agreement]
Sumitomo Mitsui Banking Corporation,
| ||||
By: | /s/ Alkesh Nanavaty | |||
Name: | Alkesh Nanavaty | |||
Title: | Executive Director |
[Signature Page to Extension Agreement]
The Bank of New York Mellon, as Lender
| ||||
By: | /s/ John Park | |||
Name: | John Park | |||
Title: | Vice President |
[Signature Page to Extension Agreement]
The Bank of Nova Scotia, as Lender
| ||||
By: | /s/ David Dewar | |||
Name: | David Dewar | |||
Title: | Director |
[Signature Page to Extension Agreement]
Canadian Imperial Bank of Commerce, New York Branch,
| ||||
By: | /s/ Amit Vasani | |||
Name: | Amit Vasani | |||
Title: | Managing Director |
[Signature Page to Extension Agreement]
PNC BANK, NATIONAL ASSOCIATION, as Lender
| ||||
By: | /s/ Anna Bartholomew | |||
Name: | Anna Bartholomew | |||
Title: | Vice President |
[Signature Page to Extension Agreement]
TD Bank, N.A., as Lender
| ||||
By: | /s/ Steve Levi | |||
Name: | Steve Levi | |||
Title: | Senior Vice President |
[Signature Page to Extension Agreement]
U.S. Bank National Association, as Lender
| ||||
By: | /s/ John Prigge | |||
Name: | John Prigge | |||
Title: | Senior Vice President |
[Signature Page to Extension Agreement]
The Northern Trust Company, as Lender
| ||||
By: | /s/ Andrew D. Holtz | |||
Name: | Andrew D. Holtz | |||
Title: | Senior Vice President |
[Signature Page to Extension Agreement]