THE EMPIRE DISTRICT ELECTRIC COMPANY Common Stock (par value $1.00 per share) AMENDMENT NO. 1 TO EQUITY DISTRIBUTION AGREEMENT
Exhibit 10.1
THE
EMPIRE DISTRICT ELECTRIC COMPANY
$120,000,000
Common
Stock
(par
value $1.00 per share)
AMENDMENT
NO. 1
TO
October
22, 2009
UBS
Securities LLC
000 Xxxx
Xxxxxx
Xxx Xxxx,
Xxx Xxxx 00000-0000
The
Empire District Electric Company, a Kansas corporation (the “Company”), and UBS
Securities LLC (the “Manager”), being
parties to the Equity Distribution Agreement dated February 25, 2009 (the “Original Agreement”),
now desire to, and hereby do, amend the Original Agreement as
follows:
SECTION
1. Amendments to Original
Agreement.
(a)
All references to $60,000,000 in the Original Agreement are hereby changed to
$120,000,000, except as set forth in Schedule D.
(b)
With respect to sales effected on or after the date hereof, the reference to
4.25% in Section 3(a)(iv) of the Original Agreement is hereby changed to
3.0%.
(c)
Schedule D to the Original Agreement is hereby deleted and replaced by Schedule
D attached hereto.
SECTION
2. Miscellaneous.
Except
for the changes set forth in Section 1 above, the Original Agreement is in all
respects ratified and confirmed; the Original Agreement and this Amendment No. 1
shall effectively constitute one and the same agreement; and all references in
the Original Agreement to “this Agreement” shall be deemed to refer to the
Original Agreement as amended by this Amendment No. 1, unless the context
clearly requires otherwise.
If the
foregoing correctly sets forth the understanding between the Company and the
Manager, please so indicate in the space provided below for that purpose,
whereupon this Amendment and your acceptance shall constitute a binding
agreement between the Company and the Manager.
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Very
truly yours,
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THE
EMPIRE DISTRICT ELECTRIC COMPANY
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By: /s/ Xxxxxxx X. Xxxxx
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Name: Xxxxxxx X. Xxxxx
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Title:
Vice President – Finance and
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Chief Financial Officer
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ACCEPTED
as of the date
first
above written
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UBS
SECURITIES LLC
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By:
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/s/ Xxxx X. Xxxxxxx |
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Name:
Xxxx X. Xxxxxxx
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Title:
Executive Director
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UBS
SECURITIES LLC
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By:
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/s/ Xxxxxx Xxxxxx |
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Name:
Xxxxxx Xxxxxx
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Title:
Associate Director
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