Common use of ASSUMPTION AND AGREEMENTS Clause in Contracts

ASSUMPTION AND AGREEMENTS. Section 1.1. The Successor hereby, in accordance with the terms and conditions of the Indenture, assumes the due and punctual payment of the principal of, premium, if any, and interest on the 2022 Notes, and the due and punctual performance and observance of all other covenants, conditions and other obligations contained in the Indenture and the 2022 Notes on the part of Dynegy to be performed or observed. Section 1.2. The Successor shall succeed to, and be substituted for, and may exercise every right and power of, Dynegy under the Indenture and the 2022 Notes, with the same effect as if the Successor had been named as “the Company” therein.

ASSUMPTION AND AGREEMENTS. Section 1.1. The Successor hereby, in accordance with the terms and conditions of the Indenture, assumes the due and punctual payment of the principal of, premium, if any, and interest on the 2022 2025 Notes, and the due and punctual performance and observance of all other covenants, conditions and other obligations contained in the Indenture and the 2022 2025 Notes on the part of Dynegy to be performed or observed. Section 1.2. The Successor shall succeed to, and be substituted for, and may exercise every right and power of, Dynegy under the Indenture and the 2022 2025 Notes, with the same effect as if the Successor had been named as “the Company” therein.

ASSUMPTION AND AGREEMENTS. Section 1.1. The Successor hereby, in accordance with the terms and conditions of the Indenture, assumes the due and punctual payment of the principal of, premium, if any, and interest on the 2022 2019 Notes, and the due and punctual performance and observance of all other covenants, conditions and other obligations contained in the Indenture and the 2022 2019 Notes on the part of Dynegy to be performed or observed. Section 1.2. The Successor shall succeed to, and be substituted for, and may exercise every right and power of, Dynegy under the Indenture and the 2022 2019 Notes, with the same effect as if the Successor had been named as “the Company” therein.

ASSUMPTION AND AGREEMENTS. Section 1.1. The Successor hereby, in accordance with the terms and conditions of the Indenture, assumes the due and punctual payment of the principal of, premium, if any, and interest on the 2022 2023 Notes, and the due and punctual performance and observance of all other covenants, conditions and other obligations contained in the Indenture and the 2022 2023 Notes on the part of Dynegy to be performed or observed. Section 1.2. The Successor shall succeed to, and be substituted for, and may exercise every right and power of, Dynegy under the Indenture and the 2022 2023 Notes, with the same effect as if the Successor had been named as “the Company” therein.