TERMINATION AGREEMENT
Exhibit 99.4
Xxxxxxx Associates, X.X. Xxxxxxx International, X.X. Xxxxxxx International Capital Advisors Inc. 00 Xxxx 00xx Xxxxxx Xxx Xxxx, XX 00000 |
Bluescape Energy Partners LLC BEP Special Situations 2 LLC 000 Xxxxxxxx Xxxxx, Xxxxx 0000 Xxxxxx, Xxxxx 00000 |
Reference is made to that certain Amended and Restated Agreement by and between Xxxxxxx Associates, L.P. (“EALP”), Xxxxxxx International, L.P. (“EILP”) and Xxxxxxx International Capital Advisors Inc. (together with EALP and EILP, “Xxxxxxx”) and Bluescape Energy Partners LLC (“BEP”) and BEP Special Situations 2 LLC (together with BEP, “Bluescape”), dated as of January 16, 2017 (the “Original Agreement”). Pursuant to Section 7 of the Original Agreement, Xxxxxxx and Bluescape hereby mutually agree to terminate the Original Agreement, effective immediately (the “Termination”). Each of Xxxxxxx and Bluescape hereby agree and acknowledge that as of the execution hereof (i) they have no agreement, arrangement or understanding whatsoever among themselves with respect to the acquisition, holding, voting or disposition of securities of NRG Energy, Inc. and (ii) each may vote or dispose of any securities of NRG Energy, Inc. that they may beneficially own in their sole discretion, subject to any contractual obligations each may have to other third parties. For the avoidance of doubt, Sections 4 and 10 of the Original Agreement shall survive the Termination.
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The parties have caused this Termination Agreement to be executed as of February 13, 2017.
XXXXXXX ASSOCIATES, L.P. | ||
| By: | Xxxxxxx Capital Advisors, L.P., | |
| its General Partner | ||
| By: | Xxxxxxx
Associates, Inc., | |
| its General Partner | ||
| By: | /s/ Xxxxxx Xxxxxxxxx | |
| Name: | Xxxxxx Xxxxxxxxx | |
| Title: | Vice President | |
XXXXXXX INTERNATIONAL, L.P. | ||
| By: | Xxxxxxx International Capital Advisors Inc., | |
| as Attorney-in-Fact | ||
| By: | /s/ Xxxxxx Xxxxxxxxx | |
| Name: | Xxxxxx Xxxxxxxxx | |
| Title: | Vice President | |
XXXXXXX INTERNATIONAL CAPITAL ADVISORS INC. | ||
| By: | /s/ Xxxxxx Xxxxxxxxx | |
| Name: | Xxxxxx Xxxxxxxxx | |
| Title: | Vice President | |
BLUESCAPE ENERGY PARTNERS LLC | ||
| By: | /s/ Xxxxxxxx Xxxxxxx | |
| Name: | Xxxxxxxx Xxxxxxx | |
| Title: | Chief Financial Officer | |
BEP SPECIAL SITUATIONS 2 LLC | ||
| By: | /s/ Xxxxxxxx Xxxxxxx | |
| Name: | Xxxxxxxx Xxxxxxx | |
| Title: | Chief Financial Officer | |
