PLAN OF MERGER OF ENTERGY NEW ORLEANS, INC. AND ENTERGY NEW ORLEANS POWER, LLCPlan of Merger • December 1st, 2017 • Entergy New Orleans, Inc • Electric & other services combined
This Plan of Merger (this “Plan”) is entered into November 21, 2017 by and between Entergy New Orleans, Inc., a Texas corporation (“ENO”), and Entergy New Orleans Power, LLC, a Texas limited liability company (“ENOP”), with respect to the merger contemplated herein (the “Merger”) and certifies and sets forth the following:
BORROWER ASSUMPTION AGREEMENTBorrower Assumption Agreement • December 1st, 2017 • Entergy New Orleans, Inc • Electric & other services combined • New York
This Borrower Assumption Agreement (this “Borrower Assumption Agreement”) is dated as of November 30, 2017 and is entered into by and among ENTERGY NEW ORLEANS, INC., a Texas corporation (the “Predecessor”), and Entergy NEW ORLEANS Power, LLC, a Texas limited liability company (the “Successor”). Capitalized terms used but not defined herein shall have the meanings given to them in the Amended and Restated Credit Agreement, dated as of August 14, 2015, as amended by the Amendment dated as of June 30, 2016, and as further amended by the Amendment dated as of September 26, 2017 (as further amended, restated, amended and restated, supplemented or otherwise modified, the “Credit Agreement”), among Entergy New Orleans, Inc., the Lenders and LC Issuing Banks parties thereto and Bank of America, N.A., as the Administrative Agent.
ContractTexas Limited Liability Company • December 1st, 2017 • Entergy New Orleans, Inc • Electric & other services combined • Texas
This composite Company Agreement of Entergy New Orleans, LLC (the “Company”) reflects the provisions of the Company’s Company Agreement effective as of July 18, 2017 and all amendments thereto effective on or prior to December 1, 2017, but it is not an amendment and/or restatement thereof.
