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Cogentrix Energy Inc – ‘10-K’ for 12/31/01 – EX-10.5A

On:  Tuesday, 4/16/02   ·   For:  12/31/01   ·   Accession #:  917711-2-10   ·   File #:  33-74254

Previous ‘10-K’:  None   ·   Next & Latest:  ‘10-K’ on 3/31/03 for 12/31/02

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  As Of                Filer                Filing    For·On·As Docs:Size

 4/16/02  Cogentrix Energy Inc              10-K       12/31/01   15:623K

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Cei 12/31/01 10-K                                   HTML    449K 
 5: EX-10.19C   Employment Agreement Amendment                      HTML     18K 
 7: EX-10.20B   Employment Agreement Amendment                      HTML     20K 
 4: EX-10.21B   Employment Agreement Amendment                      HTML     20K 
 6: EX-10.34A   Employment Agreement Amendment                      HTML     19K 
11: EX-10.35A   Caledonia Epc Guarantee                             HTML     45K 
 8: EX-10.38    Limited Waiver                                      HTML     11K 
 9: EX-10.39    Limited Waiver                                      HTML     11K 
 2: EX-10.3C    Third Amendment to Coal Sales Agreement             HTML     11K 
10: EX-10.40    Limited Waiver                                      HTML      9K 
13: EX-10.41    Southaven Supplemental Equity Contribution          HTML     45K 
 3: EX-10.5A    Amendment 2 to Barge Transportation Agreement       HTML     11K 
12: EX-10.8A    Assignment and Assumption of Leasehold              HTML     17K 
14: EX-21.1     List of Cei Subsidiaries                            HTML     15K 
15: EX-99.1     Letter Responsive to Temporary Note 3T to Article   HTML      8K 
                          3 of Regulation S-X                                    


EX-10.5A   —   Amendment 2 to Barge Transportation Agreement


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



AMENDMENT NO. 2 TO BARGE TRANSPORTATION AGREEMENT

THIS AMENDMENT NO. 2 (the "Amendment") is made, entered into and effective as of January 1, 2002 and amends that certain Barge Transportation Contract dated December 23, 1986, as amended, between COGENTRIX VIRGINIA LEASING CORPORATION and McALLISTER TOWING AND TRANSPORTATION, INC. (f/n/a McALLISTER BROTHERS, INC.).

RECITALS


WHEREAS, McAllister has provided barge transportation services to Cogentrix under the Contract since June, 1988.

WHEREAS, the designated Loading Port under the Contract is currently a single location and the Parties desire to provide for a second, alternative location, either of which may be the Loading Port on any given dispatch by Cogentrix.

NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the Parties agree to further amend and modify the Contract as follows:

1.

All capitalized terms shall have the meaning ascribed to them in the Contract, as amended, unless otherwise defined in this Amendment No. 2

2.

Section 2. of the Contract, Loading and Discharging Ports, is hereby amended by deleting the first full sentence in its entirety and inserting in its place the following:

"Commencing on the effective date hereof, Cogentrix shall, on a trip by trip basis, dispatch the vessel to a safe berth at either (a) Norfolk Southern Pier Number 6, Norfolk, Virginia, or (b) Dominion Terminal Associates Coal Pier, Newport News, Virginia (each individually referred to hereinafter as "Loading Port"), or so near thereto as she may safely proceed for the loading of coal."

3.

Section 19. of the Contract, Term, is hereby amended by deleting the date "December 31, 2002" and inserting in its place the date "April 30, 2003."

4.

Except as specifically modified herein, all other terms and provisions of the Contract, as previously amended, shall remain in full force and effect.



COGENTRIX VIRGINIA LEASING CORPORATION

By:           /s/ C. A. HALCOMB                    
       C.A. Halcomb
       Vice President-Operations


McALLISTER TOWING AND TRANSPORTATION, INC.

By:           /s/ ARTHUR F. KNUDSEN          
       Arthur F. Knudsen
       Vice President/General Manager
       McAllister Towing of Virginia, Inc.


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
4/30/03
12/31/0210-K
Filed on:4/16/02
1/1/02
For Period End:12/31/01NT 10-K
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Filing Submission 0000917711-02-000010   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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