New Zealand Gazette – 2011 – No. 93

Page 2743

✨ Tekapo Sale Confirmation



5 JULY 2011 NEW ZEALAND GAZETTE, No. 93 2743

RELEASE VERSION

TEKAPO SALE LONG TERM AND LEAD IN CONFIRMATION

TO: Gary Pemberton, Wholesale Markets Manager
Genesis Power Limited ("Party A")

| ADDRESS/FAX NUMBER: | The Genesis Energy Building |
| | 602 Great South Road |
| | Auckland |
| | +64 9 580 4884 |

| FROM: | Wholesale Markets Manager |
| | Meridian Energy Limited ("Party B") |

| DATE: | [Parties to complete] 2011 |

| DESCRIPTION: | Long term (North Island) and lead in (South Island) transactions relating to the sale and purchase of the Tekapo Power Stations |

  1. Notwithstanding the terms of any other agreement between you and us, this Confirmation supplements, forms part of, and is subject to the ISDA Master Agreement dated 22 December 2010 between Party A and Party B ("Master Agreement").

  2. All provisions contained in the Master Agreement govern this Confirmation except as expressly modified below. A reference to Party A in this Confirmation is a reference to Genesis Power Limited and a reference to Party B is to Meridian Energy Limited. This document is a Confirmation for the purposes of the Master Agreement between Party A and Party B.

  3. The purpose of this document is to confirm the terms and conditions of each Transaction described in the annex hereto entered into between us on the Trade Date specified below (each a "Transaction").

  4. The Effective Date of each Transaction will not occur unless Settlement (as defined in the Tekapo SPA) has occurred under the Tekapo SPA.

  5. The Trade Date for each Transaction is [Parties to complete] 2011.

  6. The Calculation Agent for each Transaction is the Floating Price Payer for the Transaction.

  7. The Transaction will be settled in cash in accordance with the Master Agreement.

  8. Account details for payments to be received by each party are as follows:



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Online Sources for this page:

Gazette.govt.nz — PDF NZ Gazette 2011, No 93




✨ LLM interpretation of page content

🏗️ Agreement between Meridian Energy Limited and Genesis Power Limited (continued from previous page)

🏗️ Infrastructure & Public Works
Electricity Industry Act 2010, Power Stations, Tekapo A, Tekapo B, Ancillary Equipment Fee, Bill Rate, Business Day, Commencement Date, Electricity Fee, GST, Meridian's Standard Terms and Conditions, Sale and Purchase Agreement, Subsidiary, Summer, Tekapo A Power Station, Tekapo B Power Station, Wind Data, Wind Data Fee, Winter, Facsimile, Email, Addresses, Expert Determination, Good Faith Discussion, Counterparts, Entire agreement, Further assurance, Default interest, Assignment, No partnership, Severance, Waiver, Governing law, Jurisdiction
  • Gary Pemberton, Wholesale Markets Manager, Genesis Power Limited

  • Wholesale Markets Manager, Meridian Energy Limited