“CEHE Credit Agreement” means the $300,000,000 Second Amended and Restated Credit Agreement, dated as of the date hereof, among CEHE, as borrower, Mizuho Bank, Ltd., as administrative agent, and the other financial institutions and agents parties thereto, as amended, amended and restated, modified or supplemented from time to time.
“CEHE General Mortgage Indenture” means the General Mortgage Indenture, dated as of October 10, 2002, between CEHE and The Bank of New York Trust Company, N.A. (as successor to JPMorgan Chase Bank, N.A.), as trustee, as amended, amended and restated, modified or supplemented from time to time.
“CEHE Original Mortgage” means the Mortgage and Deed of Trust, dated as of November 1, 1944, by CEHE to The Bank of New York Trust Company, N.A. (as successor to South Texas Commercial National Bank of Houston), as trustee, as amended, amended and restated, modified or supplemented from time to time.
“CERC” means CenterPoint Energy Resources Corp., a Delaware corporation, and a Wholly-Owned Subsidiary of the Borrower.
“CERC Credit Agreement” means the $1,050,000,000 Second Amended and Restated Credit Agreement, dated as of the date hereof, among CERC, as borrower, Wells Fargo Bank, National Association, as administrative agent, and the other financial institutions and agents parties thereto, as amended, amended and restated, modified or supplemented from time to time.
“Change in Control” means, with respect to the Borrower, the acquisition by any Person or “group” (within the meaning of Rule 13d-5 of the Exchange Act) of beneficial ownership (determined in accordance with Rule 13d-3 of the Exchange Act) of Capital Stock of the Borrower, the result of which is that such Person or group beneficially owns 50% or more of the aggregate voting power of all then issued and outstanding Capital Stock of the Borrower (other than such Capital Stock having voting power only by reason of the happening of a contingency which contingency has not yet occurred). For purposes of the foregoing, the phrase “voting power” means, with respect to an issuer, the power under ordinary circumstances to vote for the election of members of the board of directors of such issuer.
“Charter Stock” means shares of common stock of Charter Communications, Inc., and any other Reference Shares (as defined in the ZENS Indenture).
“Class”, when used in reference to any Loan or Borrowing, refers to whether such Loan, or the Loans comprising such Borrowing, are Revolving Loans or Swingline Loans.
“Closing Date” means the date on which the conditions set forth in Section 5.1 are first satisfied (or waived) in accordance with the terms hereof.
“Co-Documentation Agents” has the meaning specified in the introduction to this Agreement.
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