0001144204-08-043265 Sample Contracts

AMENDMENT NO. 3 TO DEPOSIT AGREEMENT
Deposit Agreement • August 1st, 2008 • E on Ag • Electric, gas & sanitary services • New York

AMENDMENT NO. 3, dated as of August 1, 2008 (the “Amendment”), to the Deposit Agreement dated as of October 7, 1997, as amended as of March 11, 2005 and February 3, 2006 (as so amended and as further amended hereby, the “Deposit Agreement”), among E.ON AG (formerly known as VEBA Aktiengesellschaft), incorporated under the laws of the Federal Republic of Germany (the “Company”), JPMorgan Chase Bank, N.A., as depositary (the “Depositary”), and all Holders and Beneficial Owners from time to time of American depositary receipts (“ADRs”) issued thereunder.

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