ASSET PURCHASE AGREEMENT by and among AES Ohio Generation, LLC and The Dayton Power and Light Company as Seller Parties and Dynegy Zimmer, LLC and Dynegy Miami Fort, LLC as Buyers Dated as of April 21, 2017Asset Purchase Agreement • April 24th, 2017 • Dayton Power & Light Co • Electric & other services combined • New York
This ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of April 21, 2017, is entered into by and among (i) The Dayton Power and Light Company, an Ohio corporation (“DP&L”), and AES Ohio Generation, LLC, an Ohio limited liability company (“AES Ohio”), on the one hand, and (ii) Dynegy Zimmer, LLC, a Delaware limited liability company (“Zimmer Buyer”), and Dynegy Miami Fort, LLC, a Delaware limited liability company (“MF Buyer” and together with Zimmer Buyer, the “Buyers” and each, individually, a “Buyer”), on the other hand. AES Ohio, DP&L and each Buyer are herein referred to individually as a “Party” and collectively as the “Parties.” Prior to the consummation of the Restructuring (as defined below), DP&L shall be deemed to be “Seller” as used herein and, from and after the consummation of the Restructuring and notification by DP&L to Buyers of same prior to Closing (unless otherwise determined by DP&L in its sole discretion pursuant to Section 2.1), AES Ohio shall be deemed to be
