FIFTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 10th, 2009 • Dynegy Inc. • Electric services • New York
This FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of April 2, 2007, among DYNEGY HOLDINGS INC., the PARENT (as defined below), the INTERMEDIATE PARENT (as defined below) and the other GUARANTORS party hereto, the Lenders party hereto, JPMORGAN CHASE BANK, N.A. and CITICORP USA, INC., as Administrative Agents, CITICORP USA, INC., as Payment Agent, JPMORGAN CHASE BANK, N.A., as Collateral Agent, and each L/C ISSUER party hereto.
CREDIT AGREEMENT dated as of March 29, 2007 among PLUM POINT ENERGY ASSOCIATES, LLC, as Borrower THE LENDERS PARTY HERETO FROM TIME TO TIME AMBAC ASSURANCE CORPORATION, as Loan Insurer THE ROYAL BANK OF SCOTLAND PLC, as Administrative Agent and...Credit Agreement • August 10th, 2009 • Dynegy Inc. • Electric services • New York
This CREDIT AGREEMENT, dated as of March 29, 2007 (this “Agreement”), is entered into by and among PLUM POINT ENERGY ASSOCIATES, LLC, a Delaware limited liability company (the “Borrower”), the LENDERS from time to time party hereto, AMBAC ASSURANCE CORPORATION, as the Loan Insurer, THE ROYAL BANK OF SCOTLAND PLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), THE BANK OF NEW YORK, not in its individual capacity but solely as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”), THE ROYAL BANK OF SCOTLAND PLC, as Issuing Bank, and RBS SECURITIES CORPORATION, as sole bookrunner (in such capacity, the “Sole Bookrunner”) and as sole lead arranger (in such capacity, the “Arranger”).
COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT Dated as of March 29, 2007 among PLUM POINT ENERGY ASSOCIATES, LLC, as the Borrower, PPEA HOLDING COMPANY, LLC, as Pledgor, THE ROYAL BANK OF SCOTLAND PLC, as Administrative Agent, THE BANK OF NEW YORK, as...Collateral Agency and Intercreditor Agreement • August 10th, 2009 • Dynegy Inc. • Electric services • New York
This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT is dated as of March 29, 2007, and is entered into by and among PLUM POINT ENERGY ASSOCIATES, LLC, a Delaware limited liability company (the “Borrower”), PPEA HOLDING COMPANY, LLC, a Delaware limited liability company (the “Pledgor”), THE BANK OF NEW YORK, in its capacity as collateral agent for the Secured Parties (as defined below) (the “Collateral Agent”), THE ROYAL BANK OF SCOTLAND PLC, in its capacity as Administrative Agent (as defined below), AMBAC ASSURANCE CORPORATION, in its capacity as Loan Insurer (as defined below), and EACH OF THE OTHER PERSONS (AS DEFINED BELOW) PARTY HERETO FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS HEREOF. Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
FACILITY AND SECURITY AGREEMENT Dated as of June 17, 2008 Between DYNEGY HOLDINGS INC. as Borrower and MORGAN STANLEY CAPITAL GROUP INC. as Lender, Issuer, Collateral Agent and Paying AgentFacility and Security Agreement • August 10th, 2009 • Dynegy Inc. • Electric services • New York
FACILITY AND SECURITY AGREEMENT (this “Agreement”) dated as of June 17, 2008, between DYNEGY HOLDINGS INC., a Delaware corporation (the “Borrower”), and MORGAN STANLEY CAPITAL GROUP INC. (individually, “MSCG”), as issuer of letters of credit hereunder (in such capacity, the “Issuer”), as lender to the Borrower hereunder (in such capacity, the “Lender”) and as collateral agent for the Issuer and the Lender (in such capacity, the “Collateral Agent”).
