0001193125-15-284953 Sample Contracts

SETTLEMENT AGREEMENT
Settlement Agreement • August 10th, 2015 • Energy Future Competitive Holdings Co LLC • Electric services • Delaware

This settlement agreement (this “Settlement Agreement”), is made and entered into as of August 9, 2015, by and among the following parties:

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PLAN SUPPORT AGREEMENT
Plan Support Agreement • August 10th, 2015 • Energy Future Competitive Holdings Co LLC • Electric services • Delaware

This PLAN SUPPORT AGREEMENT (this “Agreement”)1 is made and entered into as of August 9, 2015 (the “Agreement Effective Date”), by and among the following parties:

PURCHASE AGREEMENT AND AGREEMENT AND PLAN OF MERGER by and among OVATION ACQUISITION I, L.L.C., OVATION ACQUISITION II, L.L.C., ENERGY FUTURE INTERMEDIATE HOLDING COMPANY LLC, and ENERGY FUTURE HOLDINGS CORP. Dated as of August 9, 2015
Purchase Agreement and Agreement and Plan of Merger • August 10th, 2015 • Energy Future Competitive Holdings Co LLC • Electric services • Texas

This PURCHASE AGREEMENT AND AGREEMENT AND PLAN OF MERGER (as hereinafter amended, modified or changed from time to time in accordance with the terms hereof, this “Agreement”), dated as of August 9, 2015, is by and among Energy Future Holdings Corp., a Texas corporation (the “Company”), Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), Ovation Acquisition I, L.L.C., a Delaware limited liability company (“Parent”), and Ovation Acquisition II, L.L.C., a Delaware limited liability company (“OV2” and, together with Parent, the “Purchasers”).

BACKSTOP AGREEMENT
Backstop Agreement • August 10th, 2015 • Energy Future Competitive Holdings Co LLC • Electric services • Delaware

THIS BACKSTOP AGREEMENT (this “Agreement”), dated as of August 9, 2015, is made by and among Ovation Acquisition I, L.L.C., a Delaware limited liability company (the “Company”), Energy Future Holdings Corp., a Texas corporation (“EFH”), Energy Future Intermediate Holding Company LLC, a Delaware limited liability company (“EFIH”), and the Investors set forth on Schedule 1 hereto, as it may be amended from time to time in accordance with this Agreement (each referred to herein individually as an “Investor” and collectively as the “Investors”). The Company, EFH, EFIH and each Investor are each referred to herein as a “Party” and collectively, the “Parties”.

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