0001023291-13-000011 Sample Contracts

SUPPLEMENTAL INDENTURE TO BE DELIVERED BY SUBSEQUENT GUARANTORS
Supplemental Indenture • May 2nd, 2013 • Energy Future Holdings Corp /TX/ • Electric services • New York

Supplemental Indenture (this “Supplemental Indenture”), dated as of June 11, 2013, among DeCordova II Power Company LLC (the “Guaranteeing Subsidiary”), a subsidiary of Texas Competitive Electric Holdings Company LLC, a Delaware limited liability company (“TCEH” ), TCEH Finance, Inc., a Delaware corporation (together with TCEH, the “Issuer”), the Guarantors (as defined in the Indenture referred to below) and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”).

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EMPLOYMENT AGREEMENT
Employment Agreement • May 2nd, 2013 • Energy Future Holdings Corp /TX/ • Electric services • Texas

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of March 6, 2013 (the “Effective Date”), by and between Energy Future Holdings Corp., a Texas corporation (the “Company”), and Donald L. Evans, an individual (the “Executive”).

SECOND SUPPLEMENTAL INDENTURE
Second Supplemental Indenture • May 2nd, 2013 • Energy Future Holdings Corp /TX/ • Electric services • New York

Second Supplemental Indenture (this “Supplemental Indenture”), dated as of April 15, 2013, between Energy Future Holdings Corp. (formerly EFH2 Corp.), a Texas corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A., a national banking association (successor as trustee to The Bank of New York Mellon (formerly known as The Bank of New York), a New York banking corporation), as Trustee (the “Trustee”).

SECOND SUPPLEMENTAL INDENTURE
Second Supplemental Indenture • May 2nd, 2013 • Energy Future Holdings Corp /TX/ • Electric services • New York

Second Supplemental Indenture (this “Supplemental Indenture”), dated as of April 15, 2013, between Energy Future Holdings Corp. (formerly EFH2 Corp.), a Texas corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee (the “Trustee”).

SECOND SUPPLEMENTAL INDENTURE
Second Supplemental Indenture • May 2nd, 2013 • Energy Future Holdings Corp /TX/ • Electric services • New York

Second Supplemental Indenture (this “Supplemental Indenture”), dated as of March 21, 2013, among Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), EFIH Finance Inc., a Delaware corporation (“EFIH Finance” and, together with EFIH, the “Issuer”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee (the “Trustee”).

NINTH SUPPLEMENTAL INDENTURE
Supplemental Indenture • May 2nd, 2013 • Energy Future Holdings Corp /TX/ • Electric services • New York

Ninth Supplemental Indenture (this “Supplemental Indenture”), dated as of April 15, 2013, between Energy Future Holdings Corp. (formerly EFH2 Corp.), a Texas corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee (the “Trustee”).

FIFTH SUPPLEMENTAL INDENTURE
Supplemental Indenture • May 2nd, 2013 • Energy Future Holdings Corp /TX/ • Electric services • New York

Fifth Supplemental Indenture (this “Supplemental Indenture”), dated as of April 15, 2013, among Energy Future Holdings Corp. (formerly EFH2 Corp.), a Texas corporation (the “Company”), the Guarantors named on the signature page hereto and The Bank of New York Mellon Trust Company, N.A., a national banking association (successor as trustee to The Bank of New York Mellon (formerly known as The Bank of New York), a New York banking corporation), as Trustee (the “Trustee”).

AGREEMENT AND PLAN OF MERGER BETWEEN EFH2 CORP. AND ENERGY FUTURE HOLDING CORP.
Merger Agreement • May 2nd, 2013 • Energy Future Holdings Corp /TX/ • Electric services • Texas

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of April 15, 2013, and to be effective on the Effective Time set forth below, is between Energy Future Holdings Corp., a Texas corporation (“Parent”), and EFH2 Corp., a Texas corporation (“Subsidiary”).

SECOND SUPPLEMENTAL INDENTURE
Supplemental Indenture • May 2nd, 2013 • Energy Future Holdings Corp /TX/ • Electric services • New York

Second Supplemental Indenture (this “Supplemental Indenture”), dated as of April 15, 2013, between Energy Future Holdings Corp. (formerly EFH2 Corp.), a Texas corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A., a national banking association (successor as trustee to The Bank of New York Mellon (formerly known as The Bank of New York), a New York banking corporation), as Trustee (the “Trustee”).

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • May 2nd, 2013 • Energy Future Holdings Corp /TX/ • Electric services • Texas

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) dated May 1, 2013 is made by and between TXU ENERGY RETAIL COMPANY LLC (“TXU Energy”), ENERGY FUTURE HOLDINGS CORP. (the parent entity of TXU Energy, referred to herein as the “Company”) and JAMES A. BURKE (“Executive”) (individually, each a “Party” and collectively, the “Parties”).

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