INCREASED REVOLVINGCOMMITMENT ACTIVATION NOTICE
Exhibit 4.65
INCREASED REVOLVING COMMITMENT ACTIVATION NOTICE
To: JPMORGAN CHASE BANK, N.A., as Administrative Agent
Reference is hereby made to the Credit Agreement, dated as of April 21, 2005 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement), among Public Service Company of Colorado (the Borrower), the Lenders party thereto, the Documentation Agents and Syndication Agents named therein and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the Administrative Agent). Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.
This notice is the Increased Revolving Commitment Activation Notice referred to in the Credit Agreement, and the Borrower and each of the Lenders party hereto hereby notify you that:
1. Each Lender party hereto agrees to make or increase the amount of its Revolving Commitment to the amount set forth opposite such Lenders name on the attached Schedule 1 under the caption Increased Revolving Commitment Amount.
2. The Increased Revolving Commitment Closing Date is October 31, 2005.
3. The Borrower hereby represents and warrants that no Default or Event of Default has occurred and is continuing as of the date hereof and no Default or Event of Default will exist after giving effect to the increase specified herein.
| PUBLIC SERVICE COMPANY OF | |
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| By: | /s/ George E. Tyson, II |
| Name: George E. Tyson, II | |
| Title: Vice President and Treasurer | |
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Schedule 1
Increased Revolving Commitment Amount |
| Amarillo National Bank | ||
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$8,000,000.00 |
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| By: | /s/ Craig Sanders | |
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| Name: Craig Sanders | |
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| Title: Executive Vice President | |
Increased Revolving Commitment Amount |
| BNP Paribas | ||
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$24,000,000.00 |
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| By: | /s/ Mark A. Renaud | |
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| Name: Mark A. Renaud | |
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| Title: Managing Director | |
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| By: | /s/ Francis J. DeLaney | |
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| Name: Francis J. DeLaney | |
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| Title: Managing Director | |
Increased Revolving Commitment Amount |
| Bank of America, N.A. | ||
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$26,666,666.66 |
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| By: | /s/ Michelle Schoenfeld | |
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| Name: Michelle Schoenfeld | |
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| Title: Senior Vice President | |
Increased Revolving Commitment Amount |
| Bank of New York | ||
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$32,000,000.00 |
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| By: | /s/ Cynthia D. Howells | |
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| Name: Cynthia D. Howells | |
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| Title: Vice President | |
Increased Revolving Commitment Amount |
| Bank of Nova Scotia | ||
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$16,000,000.00 |
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| By: | /s/ Thane A. Rattew | |
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| Name: Thane A. Rattew | |
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| Title: Managing Director | |
Increased Revolving Commitment Amount |
| Barclays Bank PLC | ||
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$26,666,666.66 |
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| By: | /s/ Sydney G. Dennis | |
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| Name: Sydney G. Dennis | |
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| Title: Director | |
Increased Revolving Commitment Amount |
| Citicorp USA, Inc. | ||
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$26,666,666.66 |
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| By: | /s/ Richard J. Evans | |
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| Name: Richard J. Evans | |
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| Title: Vice President | |
Increased Revolving Commitment Amount |
| Commerzbank AG, New York and Grand | ||
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| Cayman Branches | ||
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$24,000,000.00 |
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| By: | /s/ Andrew Kjoller | |
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| Name: Andrew Kjoller | |
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| Title: Vice President | |
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| By: | /s/ Janet Lee | |
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| Name: Janet Lee | |
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| Title: Assistant Treasurer | |
Increased Revolving Commitment Amount |
| Credit Suisse First Boston, acting through | ||
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| its Cayman Islands Branch | ||
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$26,666,666.66 |
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| By: | /s/ Sarah Wu | |
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| Name: Sarah Wu | |
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| Title: Director | |
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| By: | /s/ Cassandra Droogan | |
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| Name: Cassandra Droogan | |
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| Title: Associate | |
Increased Revolving Commitment Amount |
| HSBC Bank USA, National Association | ||
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$24,000,000.00 |
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| By: | /s/ Jose M. Aldeanueva | |
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| Name: Jose M. Aldeanueva | |
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| Title: Vice President | |
Increased Revolving Commitment Amount |
| Harris Nesbitt Financing, Inc. | ||
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$26,666,666.66 |
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| By: | /s/ Cahal B. Carmody | |
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| Name: Cahal B. Carmody | |
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| Title: Vice President | |
Increased Revolving Commitment Amount |
| JPMorgan Chase Bank, N.A. | ||
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$32,000,000.07 |
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| By: | /s/ Peter M. Ling | |
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| Name: Peter M. Ling | |
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| Title: Managing Director | |
Increased Revolving Commitment Amount |
| KBC Bank N.V. | ||
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$16,000,000.00 |
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| By: | /s/ Eric Raskin | |
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| Name: Eric Raskin | |
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| Title: Vice President | |
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| By: | /s/ Robert Snauffer | |
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| Name: Robert Snauffer | |
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| Title: First Vice President | |
Increased Revolving Commitment Amount |
| KeyBank National Association | ||
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$26,666,666.66 |
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| By: | /s/ Keven D. Smith | |
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| Name: Keven D. Smith | |
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| Title: Vice President | |
Increased Revolving Commitment Amount |
| Lehman Brothers Bank, FSB | ||
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$24,000,000.00 |
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| By: | /s/ Janine M. Shugan | |
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| Name: Janine M. Shugan | |
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| Title: Authorized Signatory | |
Increased Revolving Commitment Amount |
| Merrill Lynch Bank USA | ||
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$24,000,000.00 |
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| By: | /s/ Derek Befus | |
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| Name: Derek Befus | |
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| Title: Vice President | |
Increased Revolving Commitment Amount |
| Mizuho Corporate Bank, Ltd. | ||
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$24,000,000.00 |
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| By: | /s/ Raymond Ventura | |
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| Name: Raymond Ventura | |
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| Title: Deputy General Manager | |
Increased Revolving Commitment Amount |
| Morgan Stanley Bank | ||
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$24,000,000.00 |
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| By: | /s/ Daniel Twenge | |
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| Name: Daniel Twenge | |
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| Title: Vice President | |
Increased Revolving Commitment Amount |
| Sumitomo Mitsui Banking Corporation | ||
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$16,000,000.00 |
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| By: | /s/ David Buck | |
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| Name: David Buck | |
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| Title: Senior Vice President | |
Increased Revolving Commitment Amount |
| The Bank of Tokyo-Mitsubishi, Ltd., | ||
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| Chicago Branch | ||
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$26,666,666.66 |
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| By: | /s/ John W. McGhee | |
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| Name: John W. McGhee | |
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| Title: Vice President & Manager | |
Increased Revolving Commitment Amount |
| The Royal Bank of Scotland plc | ||
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$26,666,666.66 |
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| By: | /s/ Emily Freedman | |
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| Name: Emily Freeman | |
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| Title: Vice President | |
Increased Revolving Commitment Amount |
| U.S. Bank National Association | ||
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$16,000,000.00 |
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| By: | /s/ Christine G. Dean | |
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| Name: Christine G. Dean | |
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| Title: Assistant Vice President | |
Increased Revolving Commitment Amount |
| UBS Loan Finance LLC | |||
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$26,666,666.66 |
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| By: | /s/ Barbara Ezell-McMichael | ||
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| Name: Barbara Ezell-McMichael | ||
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| Title: Associate Director | ||
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| Banking Products Services, US | ||
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| By: | /s/ Salloz Sikka | ||
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| Name: Salloz Sikka | ||
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| Title: Associate Director | ||
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| Banking Products Services, US | ||
Increased Revolving Commitment Amount |
| Wells Fargo Bank, National Association | ||
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$32,000,000.00 |
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| By: | /s/ Patrick McCue | |
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| Name: Patrick McCue | |
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| Title: Vice President | |
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| By: | /s/ Jennifer D. Barrett | |
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| Name: Jennifer D. Barrett | ||
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| Title: Vice President & Loan Team Manager | ||
Increased Revolving Commitment Amount |
| William Street Commitment Corporation | ||
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$24,000,000.00 |
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| By: | /s/ Mark Walton | |
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| Name: Mark Walton | |
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| Title: Assistant Vice President | |