0000787250-18-000008 Sample Contracts

FIRST MODIFICATION TO OPEN-END MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILING
Open-End Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing • February 27th, 2018 • Dayton Power & Light Co • Electric & other services combined

THIS FIRST MODIFICATION TO OPEN-END MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILING (FEE AND LEASEHOLD), dated as of October 1, 2017 (this “Modification”), is made by AES OHIO GENERATION, LLC, an Ohio limited liability company, successor by name change to DPL Energy, LLC (“Mortgagor”), whose address is 1065 Woodman Drive, Dayton, OH 45432, and U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent acting on behalf of the Secured Parties (in such capacity, “Mortgagee”), whose address is 461 Fifth Avenue, 19th Floor, New York, New York, 10017.

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FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • February 27th, 2018 • Dayton Power & Light Co • Electric & other services combined • New York

This First Amendment to Credit Agreement (“First Amendment”) is made as of December 15, 2017, by and among DPL Inc. (the “Borrower”), AES Ohio Generation, LLC (formerly known as DPL Energy, LLC) (the “Guarantor”), the Lenders (as defined below) party hereto and U.S. Bank National Association, as administrative agent for the Lenders (in such capacity, “Administrative Agent”).

ASSET PURCHASE AGREEMENT by and among AES OHIO GENERATION, LLC as Seller, DPL INC. as Parent, KIMURA POWER, LLC as Buyer and ROCKLAND POWER PARTNERS III, LP as Guarantor
Asset Purchase Agreement • February 27th, 2018 • Dayton Power & Light Co • Electric & other services combined • New York

This ASSET PURCHASE AGREEMENT (this “Agreement”) is dated as of December 15, 2017 and is by and among AES Ohio Generation, LLC, an Ohio limited liability company (“Seller”), DPL Inc., an Ohio corporation (“Parent”), Kimura Power, LLC, a Delaware limited liability company (“Buyer”), and, solely with respect to ‎Section 5.09 and ‎Section 8.04(f), Rockland Power Partners III, LP, a Delaware limited partnership (“Buyer Guarantor” and together with Seller, Parent and Buyer, the “Parties” and each, a “Party”).

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