AVISTA CORP
For the period ended Dec 31, 2023. Filed Feb 21, 2024.
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A company's yearly report to the SEC, with audited financial statements. It is the fullest account a company gives of its business, its finances and the risks it sees.
FY2023 · Filed Feb 21, 2024
Extracted filing text, with the paragraph anchors used by the comparison.
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Exhibit Index
| Previously Filed (1) | |||
|---|---|---|---|
| Exhibit · WithRegistration Number · AsExhibit | |||
| 2.1 | (with Form 8-K filed as of January 17, 2023) | 2.1 | Colstrip Units 3 & 4 Interests Abandonment and Acquisition Agreement, dated as of January 16, 2023, among Avista Corporation and NorthWestern Corporation. |
| 3.1 | (with June 30, 2012 Form 10-Q) | 3.1 | Restated Articles of Incorporation of Avista Corporation, as amended and restated June 6, 2012. |
| 3.2 | (with Form 8-K filed as of August 17, 2016) | 3.2 | Bylaws of Avista Corporation, as amended August 17, 2016. |
| 4.1 | 2-4077 | B-3 | Mortgage and Deed of Trust, dated as of June 1, 1939.* |
| 4.2 | 2-9812 | 4(c) | First Supplemental Indenture, dated as of October 1, 1952.* |
| 4.3 | 2-60728 | 2(b)-2 | Second Supplemental Indenture, dated as of May 1, 1953.* |
| 4.4 | 2-13421 | 4(b)-3 | Third Supplemental Indenture, dated as of December 1, 1955.* |
| 4.5 | 2-13421 | 4(b)-4 | Fourth Supplemental Indenture, dated as of March 15, 1967.* |
| 4.6 | 2-60728 | 2(b)-5 | Fifth Supplemental Indenture, dated as of July 1, 1957.* |
| 4.7 | 2-60728 | 2(b)-6 | Sixth Supplemental Indenture, dated as of January 1, 1958.* |
| 4.8 | 2-60728 | 2(b)-7 | Seventh Supplemental Indenture, dated as of August 1, 1958.* |
| 4.9 | 2-60728 | 2(b)-8 | Eighth Supplemental Indenture, dated as of January 1, 1959.* |
| 4.10 | 2-60728 | 2(b)-9 | Ninth Supplemental Indenture, dated as of January 1, 1960.* |
| 4.11 | 2-60728 | 2(b)-10 | Tenth Supplemental Indenture, dated as of April 1, 1964.* |
| 4.12 | 2-60728 | 2(b)-11 | Eleventh Supplemental Indenture, dated as of March 1, 1965.* |
| 4.13 | 2-60728 | 2(b)-12 | Twelfth Supplemental Indenture, dated as of May 1, 1966.* |
| 4.14 | 2-60728 | 2(b)-13 | Thirteenth Supplemental Indenture, dated as of August 1, 1966.* |
| 4.15 | 2-60728 | 2(b)-14 | Fourteenth Supplemental Indenture, dated as of April 1, 1970.* |
| 4.16 | 2-60728 | 2(b)-15 | Fifteenth Supplemental Indenture, dated as of May 1, 1973.* |
| 4.17 | 2-60728 | 2(b)-16 | Sixteenth Supplemental Indenture, dated as of February 1, 1975.* |
| 4.18 | 2-60728 | 2(b)-17 | Seventeenth Supplemental Indenture, dated as of November 1, 1976.* |
| 4.19 | 2-69080 | 2(b)-18 | Eighteenth Supplemental Indenture, dated as of June 1, 1980.* |
| 4.21 | 2-79571 | 4(a)-21 | Twentieth Supplemental Indenture, dated as of August 1, 1982.* |
| 4.22 | (with Form 8-K dated September 20, 1983) | 4(a)-22 | Twenty-First Supplemental Indenture, dated as of September 1, 1983.* |
| 4.23 | 2-94816 | 4(a)-23 | Twenty-Second Supplemental Indenture, dated as of March 1, 1984.* |
| 4.24 | (with 1986 Form 10-K) | 4(a)-24 | Twenty-Third Supplemental Indenture, dated as of December 1, 1986.* |
| 4.25 | (with 1987 Form 10-K) | 4(a)-25 | Twenty-Fourth Supplemental Indenture, dated as of January 1, 1988.* |
| 4.27 | 33-51669 | 4(a)-27 | Twenty-Sixth Supplemental Indenture, dated as of April 1, 1993.* |
| 4.28 | (with 1993 Form 10-K) | 4(a)-28 | Twenty-Seventh Supplemental Indenture, dated as of January 1, 1994. |
|---|---|---|---|
| 4.29 | (with 2001 Form 10-K) | 4(a)-29 | Twenty-Eighth Supplemental Indenture, dated as of September 1, 2001. |
| 4.30 | 333-82502 | 4(b) | Twenty-Ninth Supplemental Indenture, dated as of December 1, 2001. |
| 4.31 | (with June 30, 2002 Form 10-Q) | 4(f) | Thirtieth Supplemental Indenture, dated as of May 1, 2002. |
| 4.32 | 333-39551 | 4(b) | Thirty-First Supplemental Indenture, dated as of May 1, 2003. |
| 4.33 | (with September 30, 2003 Form 10-Q) | 4(f) | Thirty-Second Supplemental Indenture, dated as of September 1, 2003. |
| 4.34 | 333-64652 | 4(a)33 | Thirty-Third Supplemental Indenture, dated as of May 1, 2004. |
| 4.35 | (with Form 8-K dated as of December 15, 2004) | 4.1 | Thirty-Fourth Supplemental Indenture, dated as of November 1, 2004. |
| 4.36 | (with Form 8-K dated as of December 15, 2004) | 4.2 | Thirty-Fifth Supplemental Indenture, dated as of December 1, 2004. |
| 4.37 | (with Form 8-K dated as of December 15, 2004) | 4.3 | Thirty-Sixth Supplemental Indenture, dated as of December 1, 2004. |
| 4.38 | (with Form 8-K dated as of December 15, 2004) | 4.4 | Thirty-Seventh Supplemental Indenture, dated as of December 1, 2004. |
| 4.39 | (with Form 8-K dated as of May 12, 2005) | 4.1 | Thirty-Eighth Supplemental Indenture, dated as of May 1, 2005. |
| 4.40 | (with Form 8-K dated as of November 17, 2005) | 4.1 | Thirty-Ninth Supplemental Indenture, dated as of November 1, 2005. |
| 4.41 | (with Form 8-K dated as of April 6, 2006) | 4.1 | Fortieth Supplemental Indenture, dated as of April 1, 2006. |
| 4.42 | (with Form 8-K dated as of December 15, 2006) | 4.1 | Forty-First Supplemental Indenture, dated as of December 1, 2006. |
| 4.43 | (with Form 8-K dated as of April 3, 2008) | 4.1 | Forty-Second Supplemental Indenture, dated as of April 1, 2008. |
| 4.44 | (with Form 8-K dated as of November 26, 2008) | 4.1 | Forty-Third Supplemental Indenture, dated as of November 1, 2008. |
| 4.45 | (with Form 8-K dated as of December 16, 2008) | 4.1 | Forty-Fourth Supplemental Indenture, dated as of December 1, 2008. |
| 4.46 | (with Form 8-K dated as of December 30, 2008) | 4.3 | Forty-Fifth Supplemental Indenture, dated as of December 1, 2008. |
| 4.47 | (with Form 8-K dated as of September 15, 2009) | 4.1 | Forty-Sixth Supplemental Indenture, dated as of September 1, 2009. |
| 4.48 | (with Form 8-K dated as of November 25, 2009) | 4.1 | Forty-Seventh Supplemental Indenture, dated as of November 1, 2009. |
| 4.49 | (with Form 8-K dated as of December 15, 2010) | 4.5 | Forty-Eighth Supplemental Indenture, dated as of December 1, 2010. |
| 4.50 | (with Form 8-K dated as of December 20, 2010) | 4.1 | Forty-Ninth Supplemental Indenture, dated as of December 1, 2010. |
| 4.51 | (with Form 8-K dated as of December 30, 2010) | 4.1 | Fiftieth Supplemental Indenture, dated as of December 1, 2010. |
| 4.52 | (with Form 8-K dated as of February 11, 2011) | 4.1 | Fifty-First Supplemental Indenture, dated as of February 1, 2011. |
| 4.53 | (with Form 8-K dated as of August 16, 2011) | 4.1 | Fifty-Second Supplemental Indenture, dated as of August 1, 2011. |
| 4.54 | (with Form 8-K dated as of December 14, 2011) | 4.1 | Fifty-Third Supplemental Indenture, dated as of December 1, 2011. |
| 4.55 | (with Form 8-K dated as of November 30, 2012) | 4.1 | Fifty-Fourth Supplemental Indenture, dated as of November 1, 2012. |
| 4.56 | (with Form 8-K dated as of August 14, 2013) | 4.1 | Fifty-Fifth Supplemental Indenture, dated as of August 1, 2013. |
| 4.57 | (with Form 8-K dated as of April 18, 2014) | 4.1 | Fifty-Sixth Supplemental Indenture, dated as of April 1, 2014. |
| 4.58 | (with Form 8-K dated as of December 18, 2014) | 4.1 | Fifty-Seventh Supplemental Indenture, dated as of December 1, 2014. |
| 4.59 | (with Form 8-K dated as of December 16, 2015) | 4.1 | Fifty-Eighth Supplemental Indenture, dated as of December 1, 2015. |
| 4.60 | (with Form 8-K dated as of December 16, 2016) | 4.1 | Fifty-Ninth Supplemental Indenture, dated as of December 1, 2016. |
| 4.61 | (with Form 8-K dated as of December 14, 2017) | 4.1 | Sixtieth Supplemental Indenture, dated as of December 1, 2017. |
| 4.62 | (with Form 8-K dated as of May 15, 2018) | 4(a)(62) | Sixty-First Supplemental Indenture, dated as of May 1, 2018 |
| 4.63 | (with Form 8-K dated as of November 26, 2019) | 4.1 | Sixty-Second Supplemental Indenture, dated as of November 1, 2019 |
| 4.64 | (with Form 8-K dated as of June 4, 2020) | 4.1 | Sixty-Third Supplemental Indenture, dated as of June 1, 2020 |
| 4.65 | (with Form 8-K dated as of September 30, 2020) | 4.1 | Sixty-Fourth Supplemental Indenture, dated as of September 1, 2020 |
| 4.66 | (with Form 8-K dated as of September 30, 2021) | 4.1 | Sixty-Fifth Supplemental Indenture, dated as of September 1, 2021 |
| 4.67 | (with Form 8-K dated as of March 8, 2022) | 4.1 | Sixty-Sixth Supplemental Indenture, dated as of March 1, 2022 |
| 4.68 | (with Form 8-K dated as of March 29, 2023) | 4.1 | Sixty-Seventh Supplemental Indenture, dated as of March 1, 2023 |
| 4.69 | (with Form 8-K dated as of June 8, 2023) | 4.1 | Sixty-Eighth Supplemental Indenture, dated as of June 1, 2023 |
| 4.70 | 333-82165 | 4(a) | Indenture dated as of April 1, 1998 between Avista Corporation and The Bank of New York, as Successor Trustee. |
| 4.71 | (with Form 8-K dated as of December 15, 2004) | 4.5 | Supplemental Indenture No. 1, dated as of December 1, 2004 to the Indenture dated as of April 1, 1998 between Avista Corporation and JPMorgan Chase Bank, N.A. |
| 4.72 | (with Form 8-K dated as of December 15, 2010) | 4.1 | Loan Agreement between City of Forsyth, Montana and Avista Corporation $66,700,000 City of Forsyth, Montana Pollution Control Revenue Refunding Bonds (Avista Corporation Colstrip Project) Series 2010A dated as of December 1, 2010. |
| 4.73 | (with Form 8-K dated as of December 15, 2010) | 4.3 | Trust Indenture between City of Forsyth, and the Bank of New York Mellon Trust Company, N.A., as Trustee, $66,700,000 City of Forsyth, Montana Pollution Control Revenue Refunding Bonds (Avista Corporation Colstrip Project) Series 2010A, dated as of December 1, 2010. |
| 4.74 | (with Form 8-K dated as of December 15, 2010) | 4.2 | Loan Agreement between City of Forsyth, Montana and Avista Corporation $17,000,000 City of Forsyth, Montana Pollution Control Revenue Refunding Bonds (Avista Corporation Colstrip Project) Series 2010B dated as of December 1, 2010. |
| 4.75 | (with Form 8-K dated as of December 15, 2010) | 4.4 | Trust Indenture between City of Forsyth, and the Bank of New York Mellon Trust Company, N.A., as Trustee, $17,000,000 City of Forsyth, Montana Pollution Control Revenue Refunding |
| Bonds (Avista Corporation Colstrip Project) Series 2010B, dated as of December 1, 2010. | |||
|---|---|---|---|
| 4.76 | (with June 30, 2012 Form 10-Q) | 3.1 | Restated Articles of Incorporation of Avista Corporation, as amended and restated June 6, 2012 (see Exhibit 3.1 herein). |
| 4.77 | (with Form 8-K filed as of August 17, 2016) | 3.2 | Bylaws of Avista Corporation, as amended August 17, 2016 (see Exhibit 3.2 herein). |
| 4.78 | (with 2022 Form 10-K) | 4.76 | Description of the Registrant's Securities registered under Section 12 of the Securities Exchange Act of 1934. |
| 10.1 | (with Form 8-K dated as of February 11, 2011) | 10.1 | Credit Agreement, dated as of February 11, 2011, among Avista Corporation, the Banks Party hereto, The Bank of New York Mellon, Keybank National Association, and U.S. Bank National Association, as Co-Documentation Agents, Wells Fargo Bank National Association as Syndication Agent and an Issuing Bank, and Union Bank N.A. as Administrative Agent and an Issuing Bank. |
| 10.2 | (with Form 8-K dated as of April 18, 2014) | 10.1 | Second Amendment to Credit Agreement, dated as of April 18, 2014, among Avista Corporation, Wells Fargo Bank, National Association, as an Issuing Bank, Union Bank, N.A. as Administrative Agent and an Issuing Bank, and the financial institutions identified hereof as Continuing Lenders and Exiting Lender. |
| 10.3 | (with Form 8-K dated as of June 8, 2023) | 10.1 | Fifth Amendment to Credit Agreement, dated as of June 8, 2023, among Avista Corporation, the lending financial institutions, U.S. Bank National Corporation and Wells Fargo Bank National Association as issuing banks, and MUFG Bank, LTD as Administrative Agent |
| 10.4 | (with Form 8-K dated as of April 18, 2014) | 10.2 | Bond Delivery Agreement, dated as of April 18, 2014, between Avista Corporation and Union Bank, N.A. |
| 10.5 | (with Form 8-K dated as of June 8, 2023) | 10.2 | Bond Delivery Agreement, dated as of June 8, 2023, between Avista Corporation and Union Bank, N.A. |
| 10.6 | (with Form 8-K dated as of December 14, 2011) | 10.1 | First Amendment and Waiver Thereunder, dated as of December 14, 2011, to the Credit Agreement dated as of February 11, 2011, among Avista Corporation, the Banks Party hereto, Wells Fargo Bank National Association as an Issuing Bank, and Union Bank N.A. as Administrative Agent and an Issuing Bank. |
| 10.7 | (with 2002 Form 10-K) | 10(b)-3 | Priest Rapids Project Product Sales Contract executed by Public Utility District No. 2 of Grant County, Washington and Avista Corporation dated December 12, 2001 (effective November 1, 2005 for the Priest Rapids Development and November 1, 2009 for the Wanapum Development). |
| 10.8 | (with 2002 Form 10-K) | 10(b)-4 | Priest Rapids Project Reasonable Portion Power Sales Contract executed by Public Utility District No. 2 of Grant County, Washington and Avista Corporation dated December 12, 2001 (effective November 1, 2005 for the Priest Rapids Development and November 1, 2009 for the Wanapum Development). |
| 10.9 | (with 2002 Form 10-K) | 10(b)-5 | Additional Product Sales Agreement (Priest Rapids Project) executed by Public Utility District No. 2 of Grant County, Washington and Avista Corporation dated December 12, 2001 (effective November 1, 2005 for the Priest Rapids Development and November 1, 2009 for the Wanapum Development). |
| 10.10 | 2-60728 | 5(g) | Power Sales Contract (Wells Project) with Public Utility District No. 1 of Douglas County, Washington, dated as of September 18, 1963.* |
| 10.11 | 2-60728 | 5(g)-1 | Amendment to Power Sales Contract (Wells Project) with Public Utility District No. 1 of Douglas County, Washington, dated as of February 9, 1965.* |
| 10.12 | 2-60728 | 5(h) | Reserved Share Power Sales Contract (Wells Project) with Public Utility District No. 1 of Douglas County, Washington, dated as of September 18, 1963.* |
| 10.13 | 2-60728 | 5(h)-1 | Amendment to Reserved Share Power Sales Contract (Wells Project) with Public Utility District No. 1 of Douglas County, Washington, dated as of February 9, 1965.* |
| 10.14 | (with September 30, 1985 Form 10-Q) | 1 | Settlement Agreement and Covenant Not to Sue executed by the United States Department of Energy acting by and through the Bonneville Power Administration and the Company, dated as of September 17, 1985, describing the settlement of Project 3 litigation.* |
| 10.15 | (with 1981 Form 10-K) | 10(s)-7 | Ownership and Operation Agreement for Colstrip Units No. 3 & 4, dated as of May 6, 1981.* |
| 10.17 | (with 2019 Form 10-K) | 10.15 | Avista Corporation Supplemental Executive Retirement Plan (Post-2004 Component, Amended in 2018). (3)(6) |
| 10.18 | (with 1992 Form 10-K) | 10(t)-11 | The Company’s Unfunded Supplemental Executive Disability Plan. (3)* |
| 10.24 | (2) | Avista Corporation Performance Award Agreement 2023. (3) | |
| 10.25 | (2) | Avista Corporation Officer Incentive Plan. (3) | |
| 10.26 | (2) | Employment Agreement between the Company and Wayne O. Manuel in the form of a Letter of Employment. (3) | |
| 10.27 | (with Form 8-K dated August 13, 2008) | 10.1 | Employment Agreement between the Company and Mark T. Thies in the form of a Letter of Employment. (3). |
| 10.28 | (with September 30, 2019 Form 10-Q) | 10.1 | Form of Change of Control Plan between the Company and its Executive Officers. (3)(5) |
| 10.29 | (2) | Avista Corporation Non-Employee Director Compensation. | |
| 10.30 | (with Form 8-K dated November 30, 2022) | 10.1 | Credit Agreement dated as of November 29, 2022 among Avista Corporation and U.S. Bank, as Lender and Administrative Agent, and MUFG Bank Ltd. as Lender. |
| 10.31 | (with Form 8-K dated December 19, 2022) | 10.1 | Credit Agreement dated as of December 14, 2022 among Avista Corporation and Keybank National Association, as Lender and Administrative Agent. |
| 10.32 | (with Form 8-K dated December 19, 2022) | 10.2 | First Amendment, dated as of December 15, 2022, to the Credit Agreement dated as of November 29, 2022 among Avista Corporation and Keybank National Association, as Lender and Administrative Agent. |
| 10.33 | (with Form 8-K dated January 4, 2023) | 10.1 | Continuing Letter of Credit Agreement dated as of December 29, 2022, among Avista Corporation and MUFG Bank Ltd., as Issuer. |
| 10.34 | (with Form 8-K dated January 4, 2023) | 10.2 | Incremental Commitment and Joinder Agreement, dated as of December 30, 2022, among Avista Corporation and U.S. Bank |
| National Association, as Administrative Agent, and CoBank as Incremental Lender. | ||
|---|---|---|
| 21 | (2) | Subsidiaries of Registrant. |
| 23 | (2) | Consent of Independent Registered Public Accounting Firm. |
| 31.1 | (2) | Certification of Chief Executive Officer (Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002). |
| 31.2 | (2) | Certification of Chief Financial Officer (Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002). |
| 32 | (4) | Certification of Corporate Officers (Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002). |
| 97 | (2) | Avista Corporation Dodd-Frank Recovery Policy |
| 101.INS | (2) | Inline XBRL Instance Document – the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document. |
| 101.SCH | (2) | Inline XBRL Taxonomy Extension Schema with embedded linkbases Document |
| 104 | (2) | Cover page formatted as Inline XBRL and contained in Exhibit 101. |
- Exhibit originally filed with the U.S. Securities and Exchange Commission in paper format and as such, a hyperlink is not available.
(1)
Incorporated herein by reference.
(2)
Filed herewith.
(3)
Management contracts or compensatory plans filed as exhibits to this Form 10-K pursuant to Item 15(b).
(4)
Furnished herewith.
(5)
Applies to Kevin J. Christie, Bryan A. Cox, Josh D. DiLuciano, Gregory C. Hesler, Latisha D. Hill, James M. Kensok, Scott J. Kinney, Ryan L. Krasselt, Wayne O. Manuel, David J. Meyer, Heather L. Rosentrater, Jason R. Thackston, and Dennis P. Vermillion.
(6)
Applies to Kevin J. Christie, Bryan A. Cox, Josh D. DiLuciano, Latisha D. Hill, James M. Kensok, Scott J. Kinney, Ryan L. Krasselt, David J. Meyer, Heather L. Rosentrater, Jason R. Thackston, and Dennis P. Vermillion.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.