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02/01/2006
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Finding and Order, Ordered that the Commission Order dated December 16, 1988, in Case No. 88-1602-EL-AIS, be amended and supplemented to authorize applicant to (i) enter into an Amended and Restated Receivable Purchase Agreement between OES Capital and Applicant, (ii) enter into the Subordinated Note by OES Capital in favor of the Applicant and (iii) eliminate the limitations in the Prior Order that OES Capital not borrow from the applicant other than through additional equity contributions, and that the applicant's equity contribution in OES Capital be limited to an amount not to exceed twenty percent of OES Capital's total capitalization, as described in the application and exhibits; that the Commission reserves the right to reopen this proceeding at anytime as it deems necessary and appropriate; that the execution of the Amended and Restated Receivables Purchase Agreement and the transactions contemplated therein shall be in compliance with applicants' electric transition plan filed in Case No. 99-1212-EL-ETP; that in all other respects the Commission Order December 16, 1988 in Case No. 88-1602-EL-AIS, shall remain in full force and effect. |