Item 1.01 Entry into a Material Definitive Agreement.
On November 18, 2008, an amendment to CenterPoint Energy, Inc.'s (the
Company's) $1.2 billion bank credit facility became effective. The amendment
modifies the financial ratio covenant in that credit facility by temporarily
increasing the permitted ratio of "consolidated indebtedness" to "EBITDA" (as
those terms are defined in the facility) from 5 times to 5.5 times. The
increased ratio will be in effect until the earlier of (i) December 31, 2009 or
(ii) the date the Company's electric transmission and distribution subsidiary,
CenterPoint Energy Houston Electric, LLC (CenterPoint Houston), receives
proceeds from storm recovery bonds. CenterPoint Houston expects to seek
legislative and regulatory authorization to issue such storm recovery bonds
during 2009 to recover the costs it has incurred in restoring electric service
following Hurricane Ike. The increase in the covenant ratio is expected to
increase the amount of additional indebtedness the Company and its subsidiaries
can incur by approximately the amount of the estimated storm restoration costs
during the period CenterPoint Houston is seeking to recover those costs. The
amendment also clarifies that the indebtedness incurred in the planned storm
recovery securitization will not constitute "indebtedness" for purposes of the
covenant calculation. A conforming amendment to CenterPoint Houston's current
bank credit facility regarding the definition of "indebtedness" has also been
approved by the lenders in that facility.
The amendments described above are filed as Exhibits 4.1 and 4.2 to this
report and are incorporated by reference herein. The foregoing summary does not
purport to be complete and is qualified in its entirety by reference to the
amendments.
Item 9.01 Financial Statements and Exhibits.
The exhibits listed below are filed herewith.
(d) Exhibits.
4.1 Second Amendment dated as of November 18, 2008 to Amended and
Restated Credit Agreement dated as of June 29, 2007, among
CenterPoint Energy Inc., as Borrower, and the banks named therein
4.2 First Amendment dated as of November 18, 2008 to Amended and
Restated Credit Agreement dated as of June 29, 2007, among
CenterPoint Houston, as Borrower, and the banks named therein