AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ENERGY FUTURE INTERMEDIATE HOLDING COMPANY LLCLimited Liability Company Agreement • September 17th, 2008 • Energy Future Intermediate Holding CO LLC • Electric services • Delaware
This Amended and Restated Limited Liability Company Agreement (this “Agreement”) of Energy Future Intermediate Holding Company LLC (formerly known as InfrastruX Energy Services BPL LLC) (the “Company”), is entered into by Energy Future Holdings Corp., a Texas corporation, as the sole member of the Company (the “Member”), for the purpose of governing the affairs of the Company.
Texas Competitive Electric Holdings Company LLC TCEH Finance, Inc. unconditionally guaranteed as to the payment of principal, premium, if any, and interest by the Guarantors Registration Rights AgreementRegistration Rights Agreement • September 17th, 2008 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Texas Competitive Electric Holdings Company LLC, a Delaware limited liability company (the “Company”), and TCEH Finance, Inc., a Delaware corporation wholly owned by the Company (the “Co-Issuer Corp.”, and together with the Company, the “Issuers”) propose to issue and sell to the Purchasers (as defined herein) upon the terms set forth in the Purchase Agreement (as defined herein) $3,000,000,000 in aggregate principal amount of their 10.25% Senior Notes due 2015 (the “Notes”). The Notes will be unconditionally guaranteed by the Guarantors (as defined herein). In order to induce the Purchasers (including the Market Makers) to enter into the Purchase Agreement, the Issuers have agreed to provide the registration rights set forth in this Agreement for the benefit of the Purchasers and any subsequent holder or holders of the Registrable Securities (as defined herein). The execution and delivery of this Agreement is a condition to the Purchasers’ obligations under the Purchase Agreement.
Energy Future Holdings Corp. unconditionally guaranteed as to the payment of principal, premium, if any, and interest by the Guarantors Registration Rights AgreementRegistration Rights Agreement • September 17th, 2008 • Energy Future Intermediate Holding CO LLC • Electric services • New York
Energy Future Holdings Corp., a Texas corporation (the “Company”), proposes to issue and sell to the Placement Agents (as defined herein) upon the terms set forth in the Placement Agreement (as defined herein) $2,000,000,000 in aggregate principal amount of its 10.875% Senior Cash Pay Notes due 2017 (the “Senior Cash Pay Notes”) and $2,500,000,000 aggregate principal amount of its 11.250% / 12.000% Senior Toggle Notes due 2017 (the “Senior Toggle Notes” and, together with the Senior Cash Pay Notes, the “Notes”). The Notes will be unconditionally guaranteed by the Guarantors (as defined herein). In order to induce the Placement Agents (including the Market Makers) to enter into the Placement Agreement, the Company has agreed to provide the registration rights set forth in this Agreement for the benefit of the Placement Agents and any subsequent holder or holders of the Registrable Securities (as defined herein). The execution and delivery of this Agreement is a condition to the Placemen
