-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, AKfOBWXuI03fR+k6KTWb1MDG4AlVcaveaevBT3QkqAsYA+hBvDHpdW9dUC1Mz5Ni B/imsKG0lzjwxSnuQiBh9Q== 0000092122-94-000053.txt : 19940802 0000092122-94-000053.hdr.sgml : 19940802 ACCESSION NUMBER: 0000092122-94-000053 CONFORMED SUBMISSION TYPE: 35-CERT PUBLIC DOCUMENT COUNT: 9 FILED AS OF DATE: 19940801 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SOUTHERN CO CENTRAL INDEX KEY: 0000092122 STANDARD INDUSTRIAL CLASSIFICATION: 4911 IRS NUMBER: 580690070 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 35-CERT SEC ACT: 1935 Act SEC FILE NUMBER: 070-07937 FILM NUMBER: 94541079 BUSINESS ADDRESS: STREET 1: 64 PERIMETER CTR EAST CITY: ATLANTA STATE: GA ZIP: 30346 BUSINESS PHONE: 4043930650 35-CERT 1 BORROWINGS CERTIFICATE NINTH BANK LOAN CERTIFICATE OF NOTIFICATION (Second Quarter - 1994) Filed by THE SOUTHERN COMPANY ALABAMA POWER COMPANY GEORGIA POWER COMPANY GULF POWER COMPANY MISSISSIPPI POWER COMPANY SAVANNAH ELECTRIC AND POWER COMPANY SOUTHERN ELECTRIC GENERATING COMPANY Pursuant to orders of the Securities and Exchange Commission dated March 31, 1992, November 30, 1993 and February 16, 1994, in the matter of File No. 70-7937. The Southern Company (SOUTHERN), Alabama Power Company (ALABAMA), Georgia Power Company (GEORGIA), Gulf Power Company (GULF), Mississippi Power Company (MISSISSIPPI) and Savannah Electric and Power Company (SAVANNAH) hereby certify to said Commission, pursuant to Rule 24, that, in accordance with the terms and conditions of and for the purposes represented by the statement on Form U-1, as amended, in the above matter and of said orders with respect thereto, during the second quarter of 1994, the above-mentioned companies issued or retired commercial paper, short-term notes/bank borrowings or term loans from banks (with maturities of up to three years from the date of borrowing) as follows: SOUTHERN Total short-term notes outstanding/bank borrowings at end of second quarter 1994 - $120,000,000. ALABAMA Total short-term notes outstanding/bank borrowings at end of second quarter 1994 - $22,000,000. GEORGIA Total short-term notes outstanding/bank borrowings at end of second quarter 1994 - $388,400,000. GULF Information filed in a separate Certificate of Notification under File No. 70-8397. MISSISSIPPI Total short-term notes outstanding/bank borrowings at end of second quarter 1994 - $93,000,000. SAVANNAH Total short-term notes outstanding/bank borrowings at end of second quarter 1994 - $20,500,000. ALABAMA Commercial Paper Issue Maturity Principal Discount Date Date Issuer Amount Rate 04/05/94 05/10/94 Bank of America $12,050,000 3.71% 04/08/94 05/12/94 Merrill Lynch 17,059,000 3.65 04/08/94 04/29/94 Bank of America 10,000,000 3.60 04/12/94 04/26/94 Bank of America 8,015,000 3.60 04/12/94 05/12/94 Bank of America 10,050,000 3.64 04/15/94 05/06/94 Bank of America 5,150,000 3.62 04/15/94 05/20/94 Bank of America 15,000,000 3.64 04/15/94 05/27/94 Bank of America 15,000,000 3.64 04/21/94 05/17/94 Bank of America 5,015,000 3.82 04/26/94 05/26/94 First Boston 28,090,000 3.84 04/29/94 05/20/94 Bank of America 11,025,000 3.80 05/02/94 05/24/94 First Boston 30,071,000 3.85 05/02/94 06/07/94 First Boston 26,102,000 3.90 05/24/94 06/28/94 First Boston 10,000,000 4.27 05/24/94 06/30/94 Bank of America 14,065,000 4.27 05/26/94 07/08/94 Bank of America 22,115,000 4.26 05/27/94 07/05/94 Bank of America 10,050,000 4.33 05/27/94 07/12/94 Bank of America 10,060,000 4.35 05/31/94 07/15/94 Bank of America 10,055,000 4.36 06/01/94 06/02/94 Merrill Lynch 2,001,000 4.30 06/06/94 07/19/94 Merrill Lynch 15,078,000 4.31 06/06/94 07/26/94 First Boston 8,049,000 4.31 06/07/94 07/07/94 Bank of America 29,105,000 4.25 06/13/94 07/15/94 Bank of America 10,050,000 4.25 06/15/94 08/16/94 Bank of America 11,000,000 4.34 06/15/94 08/09/94 Bank of America 15,000,000 4.34 06/29/94 07/13/94 Bank of America 13,025,000 4.32 06/30/94 07/01/94 Bank of America 8,000,000 4.45 GEORGIA Commercial Paper Issue Maturity Principal Discount Date Date Issuer Amount Rate 04/21/94 05/16/94 Merrill Lynch $17,000,000 3.92% 05/13/94 06/06/94 Merrill Lynch 25,000,000 4.40 05/13/94 06/06/94 Lehman Securities 25,000,000 4.40 04/07/94 06/06/94 Lehman Securities 30,000,000 3.90 06/06/94 07/19/94 Merrill Lynch 20,000,000 4.32 06/06/94 07/20/94 Merrill Lynch 20,000,000 4.32 06/06/94 07/22/94 Lehman Securities 40,000,000 4.32 05/02/94 08/01/94 Lehman Securities 25,000,000 4.35 06/13/94 08/19/94 Merrill Lynch 45,000,000 4.37 -2- Southern Electric Generating Company (SEGCO) hereby certifies to said Commission, pursuant to Rule 24, that, in accordance with the terms and conditions of and for the purposes represented by the statement on Form U-1, as amended, in the above matter and of said orders with respect thereto, SEGCO, during the second quarter of 1994, on the dates indicated below, issued short-term notes/bank borrowings or term loans from banks and other lenders as follows: AMSOUTH BANK OF ALABAMA, N.A. Interest Principal Loan Date Due Date Rate Amount 04/11/94 06/09/94 4.24% $10,000,000 06/09/94 07/12/94 4.68 10,000,000 SOUTHTRUST BANK AL., N.A. Interest Principal Loan Date Due Date Rate Amount 04/15/94 05/10/94 4.09 % $ 800,000 04/25/94 05/10/94 4.21 4,900,000 05/10/94 06/09/94 4.59 10,000,000 06/24/94 07/12/94 4.725 3,800,000 COMPASS BANK Interest Principal Loan Date Due Date Rate Amount 04/11/94 05/10/94 4.10% $10,000,000 05/10/94 06/09/94 4.875 5,000,000 05/16/94 06/09/94 4.75 200,000 05/24/94 06/09/94 4.625 3,100,000 06/09/94 07/12/94 4.6875 10,000,000 FIRST ALABAMA BANK Interest Principal Loan Date Due Date Rate Amount 05/10/94 08/09/94 4.75% $10,000,000 -3- NATIONSBANK Interest Principal Loan Date Due Date Rate Amount 04/11/94 05/10/94 4.125 % $10,000,000 06/09/94 07/12/94 4.6875 10,000,000 TRUST COMPANY BANK Interest Principal Loan Date Due Date Rate Amount 04/11/94 05/10/94 4.125% $3,500,000 05/10/94 06/09/94 4.875 7,600,000 06/09/94 07/12/94 4.6875 3,400,000 06/15/94 08/09/94 4.6875 1,400,000 FIRST UNION NATIONAL BANK OF GEORGIA Interest Principal Loan Date Due Date Rate Amount 05/10/94 06/09/94 4.74% $10,000,000 06/09/94 07/12/94 4.62 10,000,000 Attached are the following exhibits: Exhibit A-2(a) Fifteenth Note Modification Agreement between SEGCO and SouthTrust Bank of Alabama. A-2(b) Tenth Note Modification Agreement between SEGCO and Trust Company Bank. A-2(d) First Note Modification Agreement between SEGCO and NationsBank of Georgia, N.A. A-2(e) Ninth Note Modification Agreement between SEGCO and Compass Bank. A-2(f) Seventh Note Modification Agreement between SEGCO and First Union National Bank of Georgia. A-2(h) Seventh Note Modification Agreement between SEGCO and AmSouth Bank, N.A. A-3(c) List of lending banks, setting forth the maximum amount to be borrowed from each by GULF. A-3(e) List of lending banks, setting forth the maximum amount to be borrowed from each by SAVANNAH. -4- SIGNATURE Pursuant to the requirements of the Public Utility Holding Company Act of 1935, the undersigned companies have duly caused this certificate to be signed on their behalf by the undersigned thereunto duly authorized. Dated: August 1, 1994 ALABAMA POWER COMPANY By: Wayne Boston Wayne Boston, Assistant Secretary GEORGIA POWER COMPANY By: Wayne Boston Wayne Boston, Assistant Secretary GULF POWER COMPANY By: Wayne Boston Wayne Boston, Assistant Secretary MISSISSIPPI POWER COMPANY By: Wayne Boston Wayne Boston, Assistant Secretary SAVANNAH ELECTRIC AND POWER COMPANY By: Wayne Boston Wayne Boston, Assistant Secretary SOUTHERN ELECTRIC GENERATING COMPANY By: Wayne Boston Wayne Boston, Assistant Secretary THE SOUTHERN COMPANY By: Tommy Chisholm Tommy Chisholm, Secretary -5- EX-99 2 FIFTEENTH MODIFICATION AGR. EXHIBIT A-2(a) FIFTEENTH NOTE MODIFICATION AGREEMENT THIS AGREEMENT, dated this 8th day of April, 1994, is between SOUTHERN ELECTRIC GENERATING COMPANY, an Alabama corporation ("Borrower"), and SOUTHTRUST BANK OF ALABAMA, NATIONAL ASSOCIATION, a national banking association ("Bank"). RECITALS Borrower is indebted to Bank pursuant to its Promissory Note, dated December 22, 1982, executed by Borrower in favor of Bank in the face amount of $10,000,000, as amended by the First Note Modification Agreement dated March 22, 1984, a Second Note Modification Agreement dated March 4, 1985, a Third Note Modification Agreement dated June 12, 1985, a Fourth Note Modification Agreement dated May 23, 1986, a Fifth Note Modification Agreement dated November 13, 1986, a Sixth Note Modification Agreement dated May 29, 1987, a Seventh Note Modification Agreement dated May 9, 1988, and Eighth Note Modification Agreement dated May 24, 1989, a Ninth Note Modification Agreement dated April 2, 1990, a Tenth Note Modification Agreement dated April 1, 1991, an Eleventh Note Modification Agreement dated March 1, 1991, a Twelfth Note Modification Agreement dated June 23, 1992, a Thirteenth Note Modification dated January 4, 1993, and a Fourteenth Note Modification dated May 3, 1993 (said Promissory Note, as so modified, being herein called the "Note"). Borrower and Bank desire to further amend the Note as herein provided. -2- AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. The maturity date of the Note is hereby extended from June 30, 1995 to June 30, 1996, by deleting the words and figures "June 30, 1995," as the same appear at the end of the first full paragraph of the Note and inserting in lieu thereof the words and figures "June 30, 1996." 2. Bank shall attach an executed copy of this Agreement to the original, executed Note, and the same shall be and become a part thereof. 3. Except as herein amended, the Note shall remain in full force and effect, and the Note, as so amended, is hereby ratified and affirmed. IN WITNESS WHEREOF, Borrower and Bank have executed this Agreement, the day and year first above written. SOUTHERN ELECTRIC GENERATING COMPANY By: Art P. Beattie Its Treasurer SOUTHTRUST BANK OF ALABAMA, NATIONAL ASSOCIATION By: T. Knudsen Its Senior Vice President EX-99 3 TENTH MODIFICATION AGR. EXHIBIT A-2(b) TENTH NOTE MODIFICATION AGREEMENT THIS AGREEMENT, dated this 8th day of April, 1994, is between SOUTHERN ELECTRIC GENERATING COMPANY, an Alabama corporation ("Borrower"), and TRUST COMPANY BANK ("Bank"). RECITALS Borrower is indebted to Bank pursuant to its Promissory Note, dated April 15, 1986, as heretofore amended, in the face amount of $10,000,000 ("Note"). Borrower and Bank desire to further amend the Note as herein provided. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. The maturity date of the Note is hereby extended from May 31, 1995 to May 31, 1996, by deleting the words and figures "May 31, 1995," as the same appear at the end of the first full paragraph of the Note and inserting in lieu thereof the words and figures "May 31, 1996." 2. Bank shall attach an executed copy of this Agreement to the original, executed Note, and the same shall be and become a part thereof. 3. Except as herein and heretofore amended, the Note shall remain in full force and effect, and the Note, as so amended, is hereby ratified and affirmed. -2- IN WITNESS WHEREOF, Borrower and Bank have executed this Agreement, the day and year first above written. SOUTHERN ELECTRIC GENERATING COMPANY By: Art P. Beattie Its Treasurer TRUST COMPANY BANK By: J. Christopher Deisley Its Vice President EX-99 4 FIRST MODIFICATION AGR. EXHIBIT A-2(d) FIRST NOTE MODIFICATION AGREEMENT THIS AGREEMENT, dated this 8th day of April, 1994, is between SOUTHERN ELECTRIC GENERATING COMPANY, an Alabama corporation ("Borrower"), and NATIONSBANK OF GEORGIA, N.A. ("Bank"). RECITALS Borrower is indebted to Bank pursuant to its Promissory Note, dated January 4, 1993, as heretofore amended, executed by Borrower in favor of Bank in the face amount $10,000,000 ("Note"). Borrower and Bank desire to amend the Note as herein provided. AGREEMENT NOW THEREFORE, the parties agree as follows: 1. The maturity date of the Note is hereby extended from June 30, 1995, to June 30, 1996, by deleting the words and figures "June 30, 1995," as the same appear at the end of the first full paragraph of the Note and inserting in lieu thereof the words and figures "June 30, 1996." 2. Bank shall attach an executed copy of this Agreement to the original, executed Note, and the same shall be and become a part thereof. 3. Except as herein amended, the Note shall remain in full force and effect, and the Note, as so amended, is hereby ratified and affirmed. -2- IN WITNESS WHEREOF, Borrower and Bank have executed this Agreement, the day and year first above written. SOUTHERN ELECTRIC GENERATING COMPANY By: Art P. Beattie Its Treasurer NATIONSBANK OF GEORGIA, N.A. By: Greg McCrary Its Vice President EX-99 5 NINTH MODIFICATION AGR. EXHIBIT A-2(e) NINTH NOTE MODIFICATION AGREEMENT THIS AGREEMENT, dated this 1st day of June, 1994, is between SOUTHERN ELECTRIC GENERATING COMPANY, an Alabama corporation ("Borrower"), and COMPASS BANK (formerly CENTRAL BANK OF THE SOUTH) ("Bank"). RECITALS Borrower is indebted to Bank pursuant to its Promissory Note, dated November 10, 1987, as heretofore amended, in the face amount of $5,000,000 and modified on April 20, 1988, by the First Note Modification Agreement, to $10,000,000 ("Note"). Borrower and Bank desire to further amend the Note as herein provided. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. The maturity date of the Note is hereby extended from June 1, 1995 to June 1, 1996, by deleting the words and figures "June 1, 1995" as the same appear at the end of the first full paragraph of the Note and inserting in lieu thereof the words and figures "June 1, 1996." 2. Bank shall attach an executed copy of this Agreement to the original, executed Note, and the same shall be and become a part thereof. 3. Except as herein and heretofore amended, the Note shall remain in full force and effect; and the Note, as so amended, is hereby ratified and affirmed. -2- IN WITNESS WHEREOF, Borrower and Bank have executed this Agreement, the day and year first above written. SOUTHERN ELECTRIC GENERATING COMPANY By: Art P. Beattie Its Treasurer COMPASS BANK By: Janet Brock Its Vice President EX-99 6 SEVENTH MODIFICATION AGR. EXHIBIT A-2(f) SEVENTH NOTE MODIFICATION AGREEMENT THIS AGREEMENT, dated this 8th day of April, 1994, is between SOUTHERN ELECTRIC GENERATING COMPANY, an Alabama corporation ("Borrower"), and FIRST UNION NATIONAL BANK OF GEORGIA ("Bank"). RECITALS Borrower is indebted to Bank pursuant to its Promissory Note, dated January 3, 1989, as heretofore amended, in the face amount of $10,000,000 ("Note"). Borrower and Bank desire to further amend the Note as herein provided. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. The maturity date of the Note is hereby extended from June 30, 1995 to June 30, 1996 by deleting the words and figures "June 30, 1995" as the same appear at the end of the first full paragraph of the Note and inserting in lieu thereof the words and figures "June 30, 1996." 2. Bank shall attach an executed copy of this Agreement to the original, executed Note, and the same shall be and become a part thereof. 3. Except as herein amended, the Note shall remain in full force and effect; and the Note, as so amended, is hereby ratified and affirmed. -2- IN WITNESS WHEREOF, Borrower and Bank have executed this Agreement, the day and year first above written. SOUTHERN ELECTRIC GENERATING COMPANY By: Art P. Beattie Its Treasurer FIRST UNION NATIONAL BANK OF GEORGIA By: Mara G. Holley Its Vice President EX-99 7 SEVENTH MODIFICATION AGR. EXHIBIT A-2(h) SEVENTH NOTE MODIFICATION AGREEMENT THIS AGREEMENT, dated this 8th day of April, 1994, is between SOUTHERN ELECTRIC GENERATING COMPANY, an Alabama corporation ("Borrower"), and AMSOUTH BANK N.A. ("Bank"). RECITALS Borrower is indebted to Bank pursuant to its Promissory Note, dated October 2, 1989, as heretofore amended, in the face amount of $10,000,000 ("Note"). Borrower and Bank desire to further amend the Note as herein provided. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. The maturity date of the Note is hereby extended from June 1, 1995 to June 1, 1996, by deleting the words and figures "June 1, 1995" as same appear at the end of the first full paragraph of the Note and inserting in lieu thereof the words and figures "June 1, 1996." 2. Bank shall attach an executed copy of this Agreement to the original, executed Note, and the same shall be and become a part thereof. 3. Except as herein amended, the Note shall remain in full force and effect; and the Note, as so amended, is hereby ratified and affirmed. -2- IN WITNESS WHEREOF, Borrower and Bank have executed this Agreement, the day and year first above written. SOUTHERN ELECTRIC GENERATING COMPANY By: Art P. Beattie Its Treasurer AMSOUTH BANK N.A. By: John M. Kettig Its Senior Vice President EX-99 8 GULF BANK LIST EXHIBIT A-3(c) GULF POWER COMPANY List of Lending Banks, Setting Forth the Maximum Amount to be Borrowed from Each BANKS CREDIT LINE EXPIRATION DATE $ Barnett Bank of West Florida 10,000,000 05-31-97* First Union National Bank 10,000,000 05-31-95 SunBank/West Florida 10,000,000 05-31-95 AmSouth Bank of Florida 10,000,000 05-31-97* Regions Bank of Florida 5,000,000 05-31-97* First National Bank of Crestview 500,000 05-31-95 First City Bank of Fort Walton 500,000 05-31-95 Peoples Bank of Graceville 250,000 05-31-95 Escambia County Bank 250,000 05-31-95 SouthTrust Bank 250,000 05-31-95 Bank of Bonifay 250,000 05-31-95 Total Secured Lines of Credit 47,000,000 Bank South 10,000,000 ** Mellon Bank 10,000,000 ** NationsBank 10,000,000 ** First Alabama Bank (Regions Bank) 10,000,000 ** Industrial Bank Of Japan 15,000,000 ** Bank of America 25,000,000 ** Bank of New York 25,000,000 ** Morgan Guaranty Trust Company 25,000,000 ** Chemical Bank 25,000,000 ** Fuji Bank 25,000,000 ** Shawmut Bank *** 50,000,000 12/31/94 Total Bid-Loan Facilities 230,000,000 Total 277,000,000 * Revolving Credit Line. ** Bid-loan Facility. Informal arrangements with these banks provide the ability to request quotes on an as needed basis. *** Maximum System Line of Credit for Gulf, Georgia and The Southern Company. EX-99 9 SAVANNAH BANK LIST EXHIBIT A-3(e) SAVANNAH ELECTRIC AND POWER COMPANY LINES OF CREDIT AS OF 6/1/94 NAME OF BANK LINE OF CREDIT EXPIRATION DATE TERRITORIAL NationsBank of Georgia, N.A. $7,000,000* 6/01/95 Wachovia Bank of Georgia $3,500,000* 6/30/94 First Union Bank of Savannah $3,500,000 4/29/95 Trust Company Bank** $5,000,000 1/31/95 Bank South, N.A. $1,500,000 1/31/95 NON-TERRITORIAL None * Also maintain an uncommitted line for $10 million. ** Increased line to $5 mil. effec. 2/1/94. Also we have with each of the above banks (except for Bank South) a $5 million special Revolving Line of Credit for use on the CT Project. -----END PRIVACY-ENHANCED MESSAGE-----