Common Contracts

5 similar Replacement Capital Covenant contracts by Dow Chemical Co /De/, American Electric Power Co Inc, Constellation Energy Group Inc, Xcel Energy Inc

REPLACEMENT CAPITAL COVENANT
Replacement Capital Covenant • April 1st, 2009 • Dow Chemical Co /De/ • Plastic materials, synth resins & nonvulcan elastomers

Replacement Capital Covenant, dated as of April 1, 2009 (this “Replacement Capital Covenant”), by The Dow Chemical Company, a Delaware corporation (together with its successors and assigns, the “Corporation”), in favor of and for the benefit of each Covered Debtholder (as defined below).

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REPLACEMENT CAPITAL COVENANT
Replacement Capital Covenant • April 1st, 2009 • Dow Chemical Co /De/ • Plastic materials, synth resins & nonvulcan elastomers

Replacement Capital Covenant, dated as of April 1, 2009 (this “Replacement Capital Covenant”), by The Dow Chemical Company, a Delaware corporation (together with its successors and assigns, the “Corporation”), in favor of and for the benefit of each Covered Debtholder (as defined below).

Recitals
Replacement Capital Covenant • June 30th, 2008 • Constellation Energy Group Inc • Electric services

either (i) during the first five years of any deferral period or (ii) with respect to deferred Distributions attributable to the first five years of any deferral period (provided that such limitation shall not apply after the ninth anniversary of the commencement of any deferral period), to a number of shares of Common Stock and Rights to acquire Common Stock which does not, in the aggregate, exceed 2% of the outstanding number of shares of such issuer’s Common Stock, in each case as of the date of the Corporation’s most recent publicly available consolidated financial statements at the time of such issuance (the “Common Cap”);

REPLACEMENT CAPITAL COVENANT
Replacement Capital Covenant • March 20th, 2008 • American Electric Power Co Inc • Electric services

Replacement Capital Covenant, dated as of March 1, 2008 (this “Replacement Capital Covenant”), by American Electric Power Company, Inc., a New York corporation (together with its successors and assigns, the “Corporation”), in favor of and for the benefit of each Covered Debtholder (as defined below).

REPLACEMENT CAPITAL COVENANT
Replacement Capital Covenant • January 16th, 2008 • Xcel Energy Inc • Electric & other services combined

Replacement Capital Covenant, dated as of January 16, 2008 (this “Replacement Capital Covenant”), by Xcel Energy Inc., a Minnesota corporation (together with its successors and assigns, the “Corporation”), in favor of and for the benefit of each Covered Debtholder (as defined below).

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