STRUCTURAL COMMITMENTS. NewCo commits to divest the following units: Xxxxxxx Xxxxxx, XX Xxxxx and XX Xxxxxx (the “Divested Units”), and further commits not to sell the Divested Units to any of the purchasers listed below which, based on the May 20, 2011 testimony of witness Xxx Xxxx in the FERC proceeding, own three percent or more of the installed capacity in the overall PJM market, in the PJM MAAC sub- market, or in the PJM 5004/05 sub-market. On this basis, NewCo is precluded from selling the Divested Units to American Electric Power Company; First Energy Corp.; GenOn Energy, Inc.; Edison International, Dominion Resources, Inc.; Public Service Enterprise Group Incorporated; Calpine Corp.; and PPL Corporation or to any of their directly or indirectly held subsidiaries.
STRUCTURAL COMMITMENTS
