Calpine Power Income Fund Announces Default Avoided on its King City Project.CALGARY, Alberta -- Calpine Power Income Fund (the "Fund")(TSX TSX Toronto Stock Exchange (TSE before April, 2002) TSX Transfer from Stack Pointer to Index TSX True Space Extension :CF.UN) has announced that arrangements are now in place that prevent a default related to the bankruptcy of Calpine Corporation, from occurring under the Fund's King City project financing Project financing A form of asset-based financing in which a firm finances a discrete set of assets on a stand-alone basis. . The Fund in May 2004 acquired a 120-megawatt natural gas fired cogeneration facility (the "King City Facility") in King City, California King City is a city in Monterey County, California, United States. King City is a member of the Association of Monterey Bay Area Governments. Geography King City, originally known as King’s City (for the founder, Charles King) is a small town that straddles the and leased it to a subsidiary ("Calpine King City") of Calpine Corporation, pursuant to a lease (the "Lease"). The Fund financed the acquisition through a loan agreement under which King City LP ("KCLP"), a subsidiary of the Fund, borrowed approximately U.S. $82 million (the "Loan") from a U.S. financial institution (the "Lender"). As was disclosed in a material change report filed by the Fund on January 4, 2006 (the "Initial Report"), the filing of the voluntary reorganization under Chapter 11 of the U.S. Bankruptcy Code Bankruptcy Code may refer to:
The Lease contemplates that the Lease Event of Default and the consequential Lessor Loan Event of Default can be avoided by KCLP by the provision to the Lender of "Acceptable Credit Assurance", which includes cash or a letter of credit (an "L/C L/C abbr. letter of credit ") in the amount of U.S. $20 million. In the Initial Report, it was indicated that if required, KCLP could provide Acceptable Credit Assurance in the form of an L/C. On January 19, 2006, KCLP, Calpine King City and the Lender reached an agreement whereby Calpine King City agreed to cause approximately U.S. $11.7 million of its Lease cash flow to be retained in a depositary DEPOSITARY, contracts. He with whom a deposit is confided or made. 2. It is, the essence of the contract of deposits that it should be gratuitous on the part 'of the depositary. 9 M. R. 470. account and applied as needed as needed prn. See prn order. to make specified payments to the Lender. Calpine King City also agreed that its 2006 Lease cash flow would be added to the aforementioned depositary account until aggregate deposits total U.S. $20 million. The Lender agreed that these Calpine King City commitments would satisfy the Acceptable Credit Assurance obligation and avoid the Lease Event of Default and consequential Loan Event of Default. If Calpine King City fails to perform its obligations in connection with the provision of such Acceptable Credit Assurance, KCLP shall have a cure period to deliver Acceptable Credit Assurance as otherwise contemplated in the Lease. Reference is also made to the material change report of the Fund filed on January 26, 2006, which also discusses this matter. Calpine Power Income Fund is an unincorporated open-ended trust that invests in electrical power assets. The Fund indirectly owns interests in power generating facilities in British Columbia British Columbia, province (2001 pop. 3,907,738), 366,255 sq mi (948,600 sq km), including 6,976 sq mi (18,068 sq km) of water surface, W Canada. Geography , Alberta and California. In addition, the Fund owns a participating loan interest in a power plant in Ontario and has made a loan to Calpine Canada Power Ltd. The Fund is managed by Calpine Canada Power Ltd., which is headquartered in Calgary, Alberta. The Calpine Power Income Fund units are listed on the Toronto Stock Exchange Toronto Stock Exchange (TSE) Canada's largest stock exchange, trading approximately 1,200 company stocks and 33 options. under the symbol CF.UN. For further information on the Fund, please visit its website at www.calpinepif.com. Calpine Power Income Fund (TSX:CF.UN) |
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