ENERGY FUTURE HOLDINGS CORP. AND EACH OF THE GUARANTORS PARTY HERETOIndenture • January 19th, 2010 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Trust Indenture Act Section Indenture Section 310(a)(1) 7.10 (a)(2) 7.10 (a)(3) N.A. (a)(4) N.A. (a)(5) 7.10 (b) 7.10 (c) N.A. 311(a) 7.11 (b) 7.11 (c) N.A. 312(a) 2.05 (b) 13.03 (c) 13.03 313(a) 7.06; 13.02 (b)(1) 10.06 (b)(2) 7.06; 7.07; 10.06 (c) 7.06; 13.02 (d) 7.06 314(a) 4.03; 4.04; 13.02; 13.05 (b) 10.05 (c)(1) 7.02; 13.04 (c)(2) 7.02; 13.04 (c)(3) N.A. (d) 10.06 (e) 13.05 (f) N.A. 315(a) 7.01 (b) 7.05; 13.02 (c) 7.01 (d) 7.01 (e) 6.14 316(a) (last sentence) 2.09 (a)(1)(A) 6.05 (a)(1)(B) 6.04 (a)(2) N.A. (b) 6.07 (c) 9.04; 1.05; 2.12 317(a)(1) 6.08 (a)(2) 6.12 (b) 2.04 318(a) 13.01 (b) N.A. (c) 13.01
LIMITED LIABILITY COMPANY AGREEMENT OF ENERGY FUTURE INTERMEDIATE HOLDING COMPANY LLCLimited Liability Company Agreement • February 21st, 2012 • Energy Future Intermediate Holding CO LLC • Electric services • Delaware
This Second Amended and Restated Limited Liability Company Agreement (this “Agreement”) of Energy Future Intermediate Holding Company LLC (the “Company”), dated this 15th day of September, 2011, is entered into by Energy Future Holdings Corp., a Texas corporation, as the sole member of the Company (the “Member”), for the purpose of governing the affairs of the Company.
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ENERGY FUTURE INTERMEDIATE HOLDING COMPANY LLCLimited Liability Company Agreement • September 17th, 2008 • Energy Future Intermediate Holding CO LLC • Electric services • Delaware
This Amended and Restated Limited Liability Company Agreement (this “Agreement”) of Energy Future Intermediate Holding Company LLC (formerly known as InfrastruX Energy Services BPL LLC) (the “Company”), is entered into by Energy Future Holdings Corp., a Texas corporation, as the sole member of the Company (the “Member”), for the purpose of governing the affairs of the Company.
ENERGY FUTURE HOLDINGS CORP. AND EACH OF THE GUARANTORS PARTY HERETO 9.75% SENIOR SECURED NOTES DUE 2019 INDENTURE DATED AS OF NOVEMBER 16, 2009 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. TRUSTEEIndenture • November 20th, 2009 • Energy Future Intermediate Holding CO LLC • Electric services • New York
INDENTURE dated as of November 16, 2009 among Energy Future Holdings Corp., a Texas corporation (the “Issuer”), the Guarantors (as defined herein) and The Bank of New York Mellon Trust Company, N.A., as Trustee.
SUPPLEMENTAL INDENTURESupplemental Indenture • December 5th, 2012 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Supplemental Indenture (this “Supplemental Indenture”), dated as of December 5, 2012, between Energy Future Holdings Corp. (formerly known as TXU Corp.), a Texas corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A., a national banking association (successor as trustee to The Bank of New York Mellon (formerly known as The Bank of New York), a New York banking corporation), as Trustee (the “Trustee”).
ENERGY FUTURE INTERMEDIATE HOLDING COMPANY LLC EFIH FINANCE INC. $800,000,000 11.750% Senior Secured Second Lien Notes due 2022 Registration Rights AgreementRegistration Rights Agreement • February 7th, 2012 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), and EFIH Finance Inc., a Delaware corporation (“EFIH Finance” and, together with EFIH, the “Issuers”), propose to issue and sell to the Initial Purchasers (as defined herein) upon the terms set forth in the Purchase Agreement (as defined herein) $800,000,000 in aggregate principal amount of their 11.750% Senior Secured Second Lien Notes due 2022 (the “Notes”). In order to induce the Initial Purchasers (including the Market Makers) to enter into the Purchase Agreement, the Issuers have agreed to provide the registration rights set forth in this Agreement for the benefit of the Initial Purchasers and any subsequent holder or holders of the Registrable Securities (as defined herein). The execution and delivery of this Agreement is a condition to the Initial Purchasers’ obligations under the Purchase Agreement.
TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC AND TCEH FINANCE, INC. AND EACH OF THE GUARANTORS PARTY HERETO SENIOR SECURED NOTES DUE 2020 INDENTURE DATED AS OF APRIL 19, 2011 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. TRUSTEEIndenture • April 20th, 2011 • Energy Future Intermediate Holding CO LLC • Electric services • New York
INDENTURE dated as of April 19, 2011 among Texas Competitive Electric Holdings Company LLC, a Delaware limited liability company, and TCEH Finance, Inc., a Delaware corporation (collectively, the “Issuer”), the Guarantors (as defined herein) and The Bank of New York Mellon Trust Company, N.A., as Trustee.
ENERGY FUTURE INTERMEDIATE HOLDING COMPANY LLC EFIH FINANCE INC. Registration Rights AgreementRegistration Rights Agreement • December 5th, 2012 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), and EFIH Finance Inc., a Delaware corporation (“EFIH Finance” and, together with EFIH, the “Issuers”), propose to issue to the Initial Holders upon the terms set forth in the Exchange Agreement (as defined herein) up to $1,144,770,000 in aggregate principal amount of their 11.25%/12.25% Senior Toggle Notes due 2018 (the “Notes”) in exchange for the notes listed under the heading “Exchange Securities” in Appendix A to the Exchange Agreement. In order to induce the Initial Holders to enter into the Exchange Agreement, the Issuers have agreed to provide the registration rights set forth in this Agreement for the benefit of the Initial Holders and any subsequent holder or holders of the Registrable Securities (as defined herein). The execution and delivery of this Agreement is a condition to the Initial Holders’ obligations under the Exchange Agreement.
TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC AND TCEH FINANCE, INC. AND EACH OF THE GUARANTORS PARTY HERETO SENIOR SECURED SECOND LIEN NOTES DUE 2021 INDENTURE DATED AS OF OCTOBER 6, 2010 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. TRUSTEEIndenture • October 8th, 2010 • Energy Future Intermediate Holding CO LLC • Electric services • New York
INDENTURE dated as of October 6, 2010 among Texas Competitive Electric Holdings Company LLC, a Delaware limited liability company, and TCEH Finance, Inc., a Delaware corporation (collectively, the “Issuer”), the Guarantors (as defined herein) and The Bank of New York Mellon Trust Company, N.A., as Trustee.
PLAN SUPPORT AGREEMENTPlan Support Agreement • July 29th, 2016 • Energy Future Intermediate Holding CO LLC • Electric services • Delaware
This PLAN SUPPORT AGREEMENT (including all exhibits attached hereto, as may be amended, modified or supplemented from time to time in accordance with the terms hereof, this “Agreement”) is made and entered into as of July 29, 2016, by and among (a) (i) Energy Future Holdings Corp., a Texas corporation (“EFH Corp.”); (ii) Energy Future Intermediate Holding Company LLC (“EFIH”), a Delaware limited liability company and a direct, wholly-owned subsidiary of EFH Corp.; (iii) EFIH Finance Inc. (“EFIH Finance,” and together with EFIH, the “EFIH Debtors”), a Delaware corporation and a direct, wholly-owned subsidiary of EFIH; and (iv) each of EFH Corp.’s other direct and indirect subsidiaries listed on the signature pages hereto (each of the foregoing entities identified in subclauses (i) through (iv) an “EFH/EFIH Debtor” and, collectively, the “EFH/EFIH Debtors”) and (b) NextEra Energy, Inc., a Florida corporation (together with Merger Sub, as defined below, “NEE”), solely in its capacity as t
AMENDED & RESTATED SETTLEMENT AGREEMENTSettlement Agreement • December 11th, 2015 • Energy Future Intermediate Holding CO LLC • Electric services • Delaware
This settlement agreement (this “Settlement Agreement”), is made and entered into as of September 11, 2015, by and among the following parties:
PURCHASE AND SALE AGREEMENT by and between La Frontera Ventures, LLC as Seller, and Luminant Holding Company LLC as Buyer dated as of November 25, 2015Purchase and Sale Agreement • November 27th, 2015 • Energy Future Intermediate Holding CO LLC • Electric services • New York
This PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of November 25, 2015 (the “Effective Date”), is by and between La Frontera Ventures, LLC, a Delaware limited liability company (“Seller”), and Luminant Holding Company LLC, a Delaware limited liability company (“Buyer”).
ENERGY FUTURE INTERMEDIATE HOLDING COMPANY LLC AND EFIH FINANCE INC. 6.875% SENIOR SECURED NOTES DUE 2017 INDENTURE DATED AS OF AUGUST 14, 2012 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. TRUSTEEIndenture • August 17th, 2012 • Energy Future Intermediate Holding CO LLC • Electric services • New York
INDENTURE dated as of August 14, 2012 among Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), and EFIH Finance Inc., a Delaware corporation (“EFIH Finance” and, together with EFIH, the “Issuer”), and The Bank of New York Mellon Trust Company, N.A., as Trustee.
SEVERANCE AND RELEASE AGREEMENTSeverance Agreement • January 30th, 2009 • Energy Future Intermediate Holding CO LLC • Electric services • Texas
This Severance and Release Agreement (the “Agreement”) is entered into by and among Luminant Holding Company LLC (the “Company”), Energy Future Holdings Corp. (the parent entity of the Company, “Holdings”), and Michael McCall (“Executive”). Executive and the Company are referred to in this Agreement as the “Parties.”
PLEDGE AGREEMENT Dated November 16, 2009 From ENERGY FUTURE INTERMEDIATE HOLDING COMPANY LLC as Pledgor to THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Collateral TrusteePledge Agreement • November 20th, 2009 • Energy Future Intermediate Holding CO LLC • Electric services • New York
PLEDGE AGREEMENT dated November 16, 2009 (this “Agreement”) made by Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (the “Initial Pledgor”) and the Additional Pledgors (as defined in Section 16) (the Initial Pledgor, together with the Additional Pledgors, collectively, the “Pledgors”), to The Bank of New York Mellon Trust Company, N.A., as collateral trustee (in such capacity, together with any successor collateral agent appointed pursuant to Section 6.2 of the Collateral Trust Agreement (as hereinafter defined), the “Collateral Trustee”) for the holders of Parity Lien Obligations (as defined in the Collateral Trust Agreement).
SECOND LIEN PLEDGE AGREEMENTSecond Lien Pledge Agreement • October 8th, 2010 • Energy Future Intermediate Holding CO LLC • Electric services • New York
THIS SECOND LIEN PLEDGE AGREEMENT, dated as of October 6, 2010 (as amended, modified or supplemented from time to time, this “Agreement”), among Texas Competitive Electric Holdings Company LLC, a Delaware limited liability company (the “Company”), TCEH Finance, Inc. (“TCEH Finance” and, together with the Company, the “Issuers”), a Delaware corporation and a direct, wholly-owned subsidiary of the Company, each of the Subsidiaries of the Company listed on the signature pages hereto or that becomes a party hereto pursuant to Section 9 hereof (each such Subsidiary being a “Subsidiary Pledgor” and, collectively, the “Subsidiary Pledgors”; the Subsidiary Pledgors and the Issuers are referred to collectively as the “Pledgors”) and The Bank of New York Mellon Trust Company, N.A., as Collateral Agent (in such capacity, the “Collateral Agent”) for the benefit of the Second Lien Secured Parties (as defined below).
SECOND AMENDMENT TO AMENDED & RESTATED PLAN SUPPORT AGREEMENTPlan Support Agreement • November 18th, 2015 • Energy Future Intermediate Holding CO LLC • Electric services • Delaware
THIS SECOND AMENDMENT TO THE AMENDED & RESTATED PLAN SUPPORT AGREEMENT (this “Amendment”) is made as of November 12, 2015 by and among all of the following: (a) the Required Investor Parties; (b) the Required TCEH Unsecured Noteholders; (c) the Required TCEH First Lien Creditors; (d) the Required TCEH Second Lien Noteholders; (e) the Consenting Interest Holders; (f) each of the Debtors; (g) the TCEH Official Committee; and (h) each of the Consenting EFIH PIK Noteholders (each of the foregoing listed on the signature pages attached hereto and collectively, the “Required Amendment Parties”); and amends that certain Amended & Restated Plan Support Agreement dated as of September 11, 2015 by and among the Parties thereto. Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the First Amended Plan Support Agreement (defined below).
EFH Letterhead]Exchange Agreement • April 1st, 2010 • Energy Future Intermediate Holding CO LLC • Electric services
SEVENTH SUPPLEMENTAL INDENTURESeventh Supplemental Indenture • January 24th, 2011 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Seventh Supplemental Indenture (this “Supplemental Indenture”), dated as of July 7, 2010, among Energy Future Holdings Corp., a Texas corporation (the “Issuer”), the Guarantors named on the signature pages hereto (the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A., as Trustee (the “Trustee”).
COLLATERAL TRUST AGREEMENT dated as of November 16, 2009, among Energy Future Intermediate Holding Company LLC, The Bank of New York Mellon Trust Company, N.A., as First Lien Trustee, the other Secured Debt Representatives from time to time party...Collateral Trust Agreement • November 20th, 2009 • Energy Future Intermediate Holding CO LLC • Electric services • New York
This Collateral Trust Agreement (this “Agreement”) is dated as of November 16, 2009 and is by and among Energy Future Intermediate Holding Company, LLC, a Delaware limited liability company (“EFIH”), The Bank of New York Mellon Trust Company, N.A., a national banking association duly organized under the laws of the United States of America, as First Lien Trustee (as defined below) and as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”) and the other Secured Debt Representatives from time to time party hereto. Capitalized terms used in this Agreement have the meanings assigned to them in the recitals and/or in Article 1 below.
SUPPLEMENTAL INDENTURESupplemental Indenture • January 30th, 2013 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Supplemental Indenture (this “Supplemental Indenture”), dated as of January 25, 2013, among Energy Future Holdings Corp., a Texas corporation (the “Company”), Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), Energy Future Competitive Holdings Company, a Texas corporation (together with EFIH, the “Guarantors”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee (the “Trustee”).
CREDIT AGREEMENT Dated as of October 10, 2007 among ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY, TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, as the Borrower, The Several Lenders from Time to Time Parties Hereto, CITIBANK, N.A., as Administrative...Credit Agreement • February 7th, 2011 • Energy Future Intermediate Holding CO LLC • Electric services • New York
CREDIT AGREEMENT, dated as of October 10, 2007, among ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY, a Texas corporation (“US Holdings”), TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, a Delaware limited liability company (“TCEH” or the “Borrower”), the lending institutions from time to time parties hereto (each a “Lender” and, collectively, the “Lenders” ), CITIBANK, N.A., as Administrative Agent, Collateral Agent, Swingline Lender, Revolving Letter of Credit Issuer and Deposit Letter of Credit Issuer, GOLDMAN SACHS CREDIT PARTNERS L.P., as Posting Agent, Posting Syndication Agent and Posting Documentation Agent, JPMORGAN CHASE BANK, N.A., as Syndication Agent and Revolving Letter of Credit Issuer, CITIGROUP GLOBAL MARKETS INC., J.P. MORGAN SECURITIES INC., GOLDMAN SACHS CREDIT PARTNERS L.P., LEHMAN BROTHERS INC., MORGAN STANLEY SENIOR FUNDING, INC. and CREDIT SUISSE SECURITIES (USA) LLC, as Joint Lead Arrangers and Bookrunners, GOLDMAN SACHS CREDIT PARTNERS L.P., as Posting Lead Arran
FIRST AMENDMENT TO RESTRUCTURING SUPPORT AND LOCK-UP AGREEMENTRestructuring Support and Lock-Up Agreement • May 13th, 2014 • Energy Future Intermediate Holding CO LLC • Electric services
THIS FIRST AMENDMENT TO THE RESTRUCTURING SUPPORT AND LOCK-UP AGREEMENT (this “Amendment”) is made as of May 7, 2014 by and among all of the following: (a) the Consenting Interest Holders; (b) the Consenting Ad Hoc TCEH Committee; (c) Consenting Creditors holding at least 50.1% in principal amount of the aggregate amount of EFH Unsecured Note Claims held at such time by the Consenting Creditors; (d) Consenting Fidelity EFIH First Lien Noteholders holding at least 50.1% in principal amount of the aggregate amount of the EFIH First Lien Note Claims held by all Consenting Fidelity First Lien Noteholders at such time; (e) Consenting Creditors holding at least 50.1% in principal amount of the aggregate of each of the EFIH Second Lien Note Claims at such time; (f) the Required EFIH Unsecured Consenting Creditors; (g) each applicable Consenting Non-Fidelity EFIH First Lien Noteholder; and (h) each of the Debtors (each of the foregoing listed on the signature pages attached hereto and collecti
SECOND LIEN SECURITY AGREEMENTSecond Lien Security Agreement • October 8th, 2010 • Energy Future Intermediate Holding CO LLC • Electric services • New York
The Collateral Agent, by acknowledging and agreeing to this Additional Second Lien Secured Party Consent, accepts the appointment set forth in clause (iii) above.
SUBORDINATION AND PRIORITY AGREEMENTSubordination and Priority Agreement • April 20th, 2011 • Energy Future Intermediate Holding CO LLC • Electric services • Texas
This Subordination and Priority Agreement (this “Agreement”) is entered into effective as of April 19, 2011, among CITIBANK, N.A., a national banking association in its capacity as beneficiary under the First Lien Credit Deed of Trust (“First Lien Credit Agent”), THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national association in its capacity as beneficiary under the Second Lien Indenture Deed of Trust (“Second Lien Indenture Agent”), CITIBANK, N.A., a national banking association in its capacity as beneficiary under the First Lien Indenture Deed of Trust (“First Lien Indenture Agent”), TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, a Delaware limited liability company (“TCEH”) and any Subsidiary Grantor named on the signature pages attached hereto. Capitalized terms defined herein are set forth in this preamble paragraph or on Exhibit A attached hereto.
SECOND LIEN INTERCREDITOR AGREEMENT among ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY, TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, THE SUBSIDIARY GUARANTORS CITIBANK, N.A. as Senior Collateral Agent for the Senior Secured Parties and as...Second Lien Intercreditor Agreement • October 8th, 2010 • Energy Future Intermediate Holding CO LLC • Electric services • New York
SECOND LIEN INTERCREDITOR AGREEMENT dated as of October 6, 2010 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), among TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, a Delaware limited liability company (the “Company”), ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY, a Texas corporation (“U.S. Holdings”), the Subsidiary Guarantors (as defined in the Credit Agreement referred to below), CITIBANK, N.A., as collateral agent for the Senior Secured Parties (as defined below) (in such capacity, the “Senior Collateral Agent”) and as Representative for the Credit Agreement Secured Parties (in such capacity, the “Administrative Agent”), THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Representative for the Initial Second Priority Secured Parties (in such capacity and together with its successors in such capacity, the “Initial Second Priority Representative”), and each additional Second Priority Representative and Senior Representative that from time to tim
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • February 29th, 2012 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Second Supplemental Indenture (this “Second Supplemental Indenture”), dated as of February 28, 2012, among Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), and EFIH Finance Inc., a Delaware corporation (“EFIH Finance” and, together with EFIH, the “Issuer”), and The Bank of New York Mellon Trust Company, N.A., as Trustee.
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • October 24th, 2012 • Energy Future Intermediate Holding CO LLC • Electric services • New York
First Supplemental Indenture (this “Supplemental Indenture”), dated as of October 23, 2012, among Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), and EFIH Finance Inc., a Delaware corporation (“EFIH Finance” and, together with EFIH, the “Issuer”), and The Bank of New York Mellon Trust Company, N.A., as Trustee.
AGREEMENT AND PLAN OF MERGER By and among NEXTERA ENERGY, INC., EFH MERGER CO., LLC, ENERGY FUTURE INTERMEDIATE HOLDING COMPANY LLC, and ENERGY FUTURE HOLDINGS CORP. Dated as of July 29, 2016Merger Agreement • July 29th, 2016 • Energy Future Intermediate Holding CO LLC • Electric services • Delaware
The Debtors (as defined herein) propose this third amended joint plan of reorganization (the “Plan”) for the resolution of the outstanding claims against, and interests in, the Debtors pursuant to the Bankruptcy Code. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in Article I.A of the Plan. Holders of Claims and Interests should refer to the Disclosure Statement for a discussion of the Debtors’ history, businesses, assets, results of operations, historical financial information, events during the Chapter 11 Cases, and projections of future operations, as well as a summary and description of the Plan and certain related matters. The Disclosure Statement also contains a summary and description prepared by the EFH/EFIH Plan Supporters of the Plan and certain related matters. The Debtors are the proponents of the Plan within the meaning of section 1129 of the Bankruptcy Code. The Chapter 11 Cases have been consolidated for procedural purpo
AMENDMENT NO. 2, dated as of April 7, 2011 (this “Amendment”), among Energy Future Competitive Holdings Company, a Texas corporation (“US Holdings”), Texas Competitive Electric Holdings Company LLC, a Delaware limited liability company (“TCEH” or the...Amendment No. 2 • April 20th, 2011 • Energy Future Intermediate Holding CO LLC • Electric services • New York
CREDIT AGREEMENT, dated as of October 10, 2007, among ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY, a Texas corporation (“US Holdings”; as hereinafter further defined), TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC, a Delaware limited liability company (“TCEH” or the “Borrower”), the lending institutions from time to time parties hereto (each a “Lender” and, collectively, the “Lenders”), CITIBANK, N.A., as Administrative Agent, Collateral Agent, Swingline Lender, Revolving Letter of Credit Issuer and Deposit Letter of Credit Issuer, GOLDMAN SACHS CREDIT PARTNERS L.P., as Posting Agent, Posting Syndication Agent and Posting Documentation Agent, JPMORGAN CHASE BANK, N.A., as Syndication Agent and Revolving Letter of Credit Issuer, CITIGROUP GLOBAL MARKETS INC., J.P. MORGAN SECURITIES INC., GOLDMAN SACHS CREDIT PARTNERS L.P., LEHMAN BROTHERS INC., MORGAN STANLEY SENIOR FUNDING, INC. and CREDIT SUISSE SECURITIES (USA) LLC, as Joint Lead Arrangers and Bookrunners, GOLDMAN SACHS CREDIT PARTN
SUPPLEMENTAL INDENTURESupplemental Indenture • January 30th, 2013 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Supplemental Indenture (this “Supplemental Indenture”), dated as of January 25, 2013, among Energy Future Intermediate Holding Company LLC, a Delaware limited liability company ( “EFIH”), EFIH Finance Inc., a Delaware corporation (“EFIH Finance” and, together with EFIH, the “Issuer”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee (the “Trustee”).
FOURTH SUPPLEMENTAL INDENTUREFourth Supplemental Indenture • August 17th, 2012 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Fourth Supplemental Indenture (this “Fourth Supplemental Indenture”), dated as of August 14, 2012, among Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), and EFIH Finance Inc., a Delaware corporation (“EFIH Finance” and, together with EFIH, the “Issuer”), and The Bank of New York Mellon Trust Company, N.A., as Trustee.
Energy Future Holdings Corp. unconditionally guaranteed as to the payment of principal, premium, if any, and interest by the Guarantors Registration Rights AgreementRegistration Rights Agreement • September 17th, 2008 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Energy Future Holdings Corp., a Texas corporation (the “Company”), proposes to issue and sell to the Placement Agents (as defined herein) upon the terms set forth in the Placement Agreement (as defined herein) $2,000,000,000 in aggregate principal amount of its 10.875% Senior Cash Pay Notes due 2017 (the “Senior Cash Pay Notes”) and $2,500,000,000 aggregate principal amount of its 11.250% / 12.000% Senior Toggle Notes due 2017 (the “Senior Toggle Notes” and, together with the Senior Cash Pay Notes, the “Notes”). The Notes will be unconditionally guaranteed by the Guarantors (as defined herein). In order to induce the Placement Agents (including the Market Makers) to enter into the Placement Agreement, the Company has agreed to provide the registration rights set forth in this Agreement for the benefit of the Placement Agents and any subsequent holder or holders of the Registrable Securities (as defined herein). The execution and delivery of this Agreement is a condition to the Placemen
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • December 21st, 2012 • Energy Future Intermediate Holding CO LLC • Electric services • New York
First Supplemental Indenture (this “Supplemental Indenture”), dated as of December 19, 2012, among Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), and EFIH Finance Inc., a Delaware corporation (“EFIH Finance” and, together with EFIH, the “Issuer”), and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”).
THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • July 30th, 2010 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Third Supplemental Indenture (this “Supplemental Indenture”), dated as of July 29, 2010, among Energy Future Holdings Corp., a Texas corporation (the “Issuer”), the Guarantors named on the signature pages hereto (the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A. (as successor to The Bank of New York), as Trustee (the “Trustee”).
