AMENDMENT NO. 1 TO AMENDED AND RESTATED PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • December 14th, 2006 • Catalytica Energy Systems Inc • Engines & turbines • New York
Contract Type FiledDecember 14th, 2006 Company Industry JurisdictionTHIS AMENDMENT NO. 1, dated as of December 14, 2006 (this “Amendment”), amends that certain Amended and Restated Preferred Stock Rights Agreement dated as of November 22, 2004 (the “Rights Agreement”), by and between Catalytica Energy Systems, Inc., a Delaware corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company (the “Rights Agent”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Rights Agreement.