Incremental Commitment Activation Notice under Credit Agreement among Enbridge Energy Partners, L.P., Branch Banking & Trust Company, and JPMorgan Chase Bank
This notice, dated July 24, 2013, is an agreement between Enbridge Energy Partners, L.P. (the borrower), Branch Banking & Trust Company (the new lender), and JPMorgan Chase Bank (the administrative agent). It activates an increase in the lender's commitment under an existing credit agreement, with Branch Banking & Trust Company agreeing to provide an additional $50 million in credit. The agreement is effective as of July 24, 2013, and is acknowledged by all parties involved.
Exhibit 10.8
INCREMENTAL COMMITMENT ACTIVATION NOTICE
| To: | JPMorgan Chase Bank, National Association, as Administrative Agent | |
| Date: | July 24, 2013 | |
| Re: | Enbridge Energy Partners, L.P. | |
Ladies and Gentlemen:
Reference is made to the Credit Agreement, dated as of July 6, 2012 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among Enbridge Energy Partners, L.P. (the “Borrower”), the Lenders from time to time parties thereto and JPMorgan Chase Bank, National Association, as Administrative Agent, an L/C Issuer and Swing Line Lender. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement.
This notice is an Incremental Commitment Activation Notice referred to in the Credit Agreement, and the Borrower and the New Lender party hereto hereby notify you that:
| 1. | The New Lender party hereto agrees to make a Commitment Increase in the amount set forth opposite such New Lender’s name below under the caption “Commitment Increase Amount.” |
| 2. | The proposed Incremental Commitment Effective Date is July 24, 2013. |
[Signature Page Follows]
IN WITNESS WHEREOF, the undersigned have executed this Incremental Commitment Activation Notice as of the date first set forth above.
| ENBRIDGE ENERGY PARTNERS, L.P., a Delaware limited partnership as Borrower | ||||||
| By: | ENBRIDGE ENERGY MANAGEMENT, L.L.C., as delegate of Enbridge Energy Company, Inc., its General Partner | |||||
| By: | /s/ Stephen J. Neyland | |||||
| Name: Stephen J. Neyland | ||||||
| Title: Vice President - Finance | ||||||
| Commitment Increase Amount: | BRANCH BANKING & TRUST COMPANY | |||||
| $50,000,000 | ||||||
| By: | /s/ DeVon J. Lang | |||||
| Name: DeVon J. Lang | ||||||
| Title: Vice President | ||||||
Accepted and Acknowledged by:
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
as Administrative Agent
| By: | /s/ Juan Javellana | |
| Name: Juan Javellana Title: Executive Director | ||
