TRANSACTION AGREEMENT Dated as of March 6, 2023 by and among VISTRA OPERATIONS COMPANY LLC, BLACK PEN INC. and ENERGY HARBOR CORP.Transaction Agreement • March 7th, 2023 • Vistra Corp. • Electric services
This TRANSACTION AGREEMENT, dated as of March 6, 2023 (this “Agreement”), is entered into by and among Vistra Operations Company LLC, a Delaware limited liability company (“Parent”), Black Pen Inc., a Delaware corporation and a wholly owned indirect Subsidiary of Parent (“Merger Sub”), and Energy Harbor Corp., a Delaware corporation (the “Company”). Defined terms used herein have the meanings set forth in Exhibit A.
SUPPORT AGREEMENTSupport Agreement • March 7th, 2023 • Vistra Corp. • Electric services
This Support Agreement, dated as of March 6, 2023 (this “Agreement”), is made and entered into by and among Energy Harbor Corp., a Delaware corporation (the “Company”), Vistra Operations Company LLC, a Delaware limited liability company (“Parent”), and the stockholder named on the signature page hereto (“Stockholder” and, together with the Company and Parent, the “Parties”).
CONTRIBUTION AND EXCHANGE AGREEMENTContribution and Exchange Agreement • March 7th, 2023 • Vistra Corp. • Electric services
This CONTRIBUTION AND EXCHANGE AGREEMENT (this “Agreement”), dated as of March 6, 2023 is by and among Vistra Operations Company LLC, a Delaware limited liability company (“Parent”), and the Persons set forth on the signature pages hereto (each, “Investor”). Each of Parent and Investors are sometimes individually referred to herein as a “Party” and collectively as the “Parties”.
