Common use of Limitation on Certain Actions; Cure Clause in Contracts

Limitation on Certain Actions; Cure. Dynegy covenants and agrees that, from and after the date hereof, it shall not take any action that would cause Shareholder and its Affiliates to own beneficially and collectively (including any securities of other Persons with whom Shareholder or its Affiliates are affiliated) securities representing more than the Ownership Threshold. If Dynegy takes any action which results in Shareholder and its Affiliates owning beneficially and collectively securities representing more than the Ownership Threshold, it shall promptly notify Shareholder. Within 60 days from the date Dynegy and Shareholder become aware that the Ownership Threshold has been exceeded as a result of any action by Dynegy, Dynegy and Shareholder shall take such action as they mutually agree is necessary and appropriate to reduce Shareholder’s beneficial ownership below the Ownership Threshold, including, without limitation, increasing the Ownership Threshold; provided, however, that nothing in this sentence shall obligate Dynegy to agree to increase the Ownership Threshold.

Limitation on Certain Actions; Cure. Dynegy covenants and agrees that, from and after the date hereof, it shall not take any action that would cause Shareholder and its Affiliates to own beneficially and collectively (including any securities of other Persons with whom Shareholder or its Affiliates are affiliated) securities representing more than the Ownership Threshold, taking into account the provisions of Section 3.1(d). If In the event that either Dynegy or Shareholder takes any action which results in Shareholder and its Affiliates owning beneficially and collectively securities representing more than the Ownership Threshold, it shall promptly notify Shareholderthe other party. Within 60 days from the date Dynegy and Shareholder become aware that the Ownership Threshold has been exceeded as other than in connection with a result of any action by DynegyQualified Offer pursuant to Section 3.1(c), Dynegy and Shareholder shall take such action as they mutually agree is necessary and appropriate to reduce Shareholder’s 's beneficial ownership below the Ownership Threshold, including, without limitation, increasing the Ownership Threshold; provided, however, that nothing in this sentence shall obligate Dynegy to agree to increase the Ownership Threshold.