FIRST AMENDMENT
EX-10.1 2 ex10_1.htm EXHIBIT 10.1 ex10_1.htm
Exhibit 10.1
FIRST AMENDMENT
Reference is made to that certain Credit Agreement, dated as of September 30, 2010 (as amended and modified from time to time, the "Credit Agreement"), by and among Vectren Capital Corp., an Indiana corporation (the "Borrower"), the Guarantor, the Lenders and Wells Fargo Bank, National Association, as administrative agent (the "Administrative Agent"). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Credit Agreement.
The parties hereto agree that a mutual error was made in drafting Section 7.13(i) of the Credit Agreement and that Section 7.13(i) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
(i) in addition to Liens covered by (a)-(h) above, Liens securing Indebtedness not exceeding 15% of the Guarantor's Consolidated Net Worth in the aggregate outstanding at any time.
This First Amendment is a Loan Document. All references in the Credit Agreement and the other Loan Documents to the Credit Agreement shall be deemed to refer to the Credit Agreement as amended hereby. Except as modified hereby, all of the terms and provisions of the Credit Agreement and the other Loan Documents shall remain in full force and effect.
This First Amendment may be executed by the parties hereto in several counterparts, each of which shall be deemed to be an original and all of which shall constitute together but one and the same agreement. Delivery of an executed counterpart by telecopy or other secure electronic format (.pdf) shall be as effective as an original. This First Amendment shall be governed by the laws of the State of Illinois and shall become effective upon the Administrative Agent's receipt of counterparts hereof duly executed by the Required Lenders and each of the Loan Parties.
[SIGNATURE PAGES FOLLOW]
The parties hereto have caused this First Amendment to be executed as of November 2, 2010.
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Administrative Agent
By /s/ Allison Newman
Name: Allison Newman
Title: Director
LENDERS: WELLS FARGO BANK, NATIONAL ASSOCIATION,
as a Lender, Swing Line Lender and an L/C Issuer
By: /s/ Allison Newman
Name: Allison Newman
Title: Director
BANK OF AMERICA, N.A.,
as a Lender and an L/C Issuer
By: /s/ Carlos Morales
Name: Carlos Morales
Title: Vice President
JPMORGAN CHASE BANK, N.A.,
as a Lender and an L/C Issuer
By: /s/ Helen D. Davis
Name: Helen D. Davis
Title: Authorized Officer
UNION BANK, N.A.,
as a Lender and an L/C Issuer
By: /s/ Susan K. Johnson
Name: Susan K. Johnson
Title: Vice President
FIFTH THIRD BANK,
as a Lender
By: /s/ Jennifer Raibley
Name: Jennifer Raibley
Title: Vice President
U.S. BANK NATIONAL ASSOCIATION,
as a Lender
By: /s/ Shawn O’Hara
Name: Shawn O’Hara
Title: Managing Director
PNC BANK, NATIONAL ASSOCIATION,
as a Lender
By: /s/ Chris Johnson
Name: Chris Johnson
Title: Assistant Vice President
REGIONS BANK,
as a Lender
By: /s/ Eric Harvey
Name: Eric Harvey
Title: Vice President
OLD NATIONAL BANK,
as a Lender
By: /s/ Wade Jenkins
Name: Wade Jenkins
Title: Vice President
INTEGRA BANK N.A.,
as a Lender
By: /s/ Chris E. Rutledge
Name: Chris E. Rutledge
Title: SVP
| BORROWER: | VECTREN CAPITAL CORP., |
| | as Borrower |
By /s/ Robert L. Goocher
Name: Robert L. Goocher
Title: Vice President, Treasurer and Asst. Secretary
GUARANTOR: VECTREN CORPORATION
By /s/ Robert L. Goocher
Name: Robert L. Goocher
Title: Treasurer and Vice President of InvestorRelations
INDS01 SWT 1320091v1
