TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC AND TCEH FINANCE, INC. AND EACH OF THE GUARANTORS PARTY HERETO FIRST SUPPLEMENTAL INDENTURE Dated as of October 20, 2010 To the Indenture dated as of October 6, 2010 THE BANK OF NEW YORK MELLON TRUST...First Supplemental Indenture • October 26th, 2010 • Energy Future Competitive Holdings CO • Electric services • New York
TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC TCEH FINANCE, INC. $350,000,000 15% Senior Secured Second Lien Notes due 2021, Series B unconditionally guaranteed as to the payment of principal, premium, if any, and interest by the Guarantors...Registration Rights Agreement • October 26th, 2010 • Energy Future Competitive Holdings CO • Electric services • New York
Texas Competitive Electric Holdings Company LLC, a Delaware limited liability company (“TCEH”), and TCEH Finance, Inc., a Delaware corporation (“TCEH Finance” and, together with TCEH, the “Issuers”), propose to issue and sell to the Initial Purchasers (as defined herein) upon the terms set forth in the Purchase Agreement (as defined herein) $350,000,000 in aggregate principal amount of their 15% Senior Secured Second Lien Notes due 2021, Series B (the “Notes”). The Notes will be unconditionally guaranteed by the Guarantors (as defined herein). In order to induce the Initial Purchasers 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 Initial 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 Initial Purchasers’ obligations under the Purchase Agreement.
