EFFECTIVENESS OF THIS. PLAN This Plan shall be submitted to the stockholders of the Company for their approval at their annual meeting scheduled to be held on April 26, 2011, or at such other annual or special meeting as the Board may specify, or any adjournment or postponement thereof. This Plan will be effective as of the date of its approval by the stockholders of the Company.
EFFECTIVENESS OF THIS. FIRST AMENDMENT TO STOCKHOLDERS AGREEMENT --------------------------------------------------------------- This First Amendment to Stockholders Agreement is effective as of the date first written above. Except as amended herein, the Stockholders Agreement shall continue in full force and effect and shall be enforceable in accordance with its terms.
EFFECTIVENESS OF THIS. This Agreement shall become effective as of the Effective Date subject to the condition precedent that the Bank shall have received duly executed counterpart signature pages to this Agreement on or prior to such date.
EFFECTIVENESS OF THIS. Article X. The provisions of this Article X shall become null and void and be of no further effect after the Transition Period. EXHIBIT B Senior Officers of Newco Co-Chief Executive Officer: Xxxxxx X. XxXxxxx, Xx. Co-Chief Executive Officer: Xxxx X. Xxxx Chief Financial Officer: Xxxxxxx X. Xxxx Chief Transition/ Integration Officer: Xxxxxxx X. Xxxx Senior Vice President, Finance: Xxxx Xxx X. Xxxxxx General Counsel: Xxxxxx X. Xxxxxxx Chief Nuclear Officer: Xxxxxx X. Xxxxxxxx, Xx. Nuclear Operations President: Xxxxxx X. Xxxxxx PECO Distribution President: Xxxxxxx X. Xxxxxxxx Commonwealth Edison Distribution President: Xxxx X. Xxxxxxx Unregulated Retail/ New Business President: Xxxx X. Xxxxxx Senior Vice President, Human Resources: S. Xxxx Xxxxxxxxx EXHIBIT C PECO Energy Company X.X. Xxx 0000 0000 Xxxxxx Xxxxxx Xxxxxxxxxxxx, XX 00000 Form of Company Affiliate Letter Dear Sirs: The undersigned refers to the Amended and Restated Agreement and Plan of Exchange and Merger (the "Merger Agreement") dated as of September 22, 1999, as amended and restated as of January 7, 2000, among PECO Energy Company, a Pennsylvania corporation, Newholdco Corporation, a Pennsylvania corporation, and Unicom Corporation, an Illinois corporation. Capitalized terms used but not defined in this letter have the meanings give such terms in the Merger Agreement. The undersigned, a holder of shares of Company Common Stock, is entitled to receive in connection with the Merger shares of Newco Common Stock. The undersigned acknowledges that the undersigned may be deemed an "affiliate" of the Company within the meaning of Rule 145 ("Rule 145") promulgated under the Securities Act, although nothing contained herein should be construed as an admission of such fact. If in fact the undersigned were an affiliate under the Securities Act, the undersigned's ability to sell, assign or transfer the Newco Common Stock received by the undersigned in exchange for any shares of Company Common Stock pursuant to the Merger may be restricted unless such transaction is registered under the Securities Act or an exemption from such registration is available. The undersigned (i) understands that such exemptions are limited and that Newco is not under any obligation to effect any such registration and (ii) has obtained advice of counsel as to the nature and conditions of such exemptions, including information with respect to the applicability to the sale of such securities of Rules 144 and 145(d) promulgated under...
EFFECTIVENESS OF THIS. FIRST AMENDMENT TO REGISTRATION RIGHTS ------------------------------------------------------------ AGREEMENT --------- This First Amendment to Registration Rights Agreement is effective as of the date first written above. Except as amended herein, the Registration Rights Agreement shall continue in full force and effect and shall be enforceable in accordance with its terms.
EFFECTIVENESS OF THIS. ARTICLE. Upon a distribution of the Senior Deferrable Notes upon the liquidation and dissolution of the Trust which occurs prior to the Remarketing of the Preferred Securities pursuant to the Declaration, the Senior Deferrable Notes shall be Remarketed in accordance with the Remarketing procedures of the Declaration where all references in the Remarketing procedures to (i) the Preferred Securities shall be read as references to the Senior Deferrable Notes and (ii) the Property Trustee shall be read as references to the Indenture Trustee, unless the context requires otherwise. Until such a distribution, or if such distribution occurs after the Remarketing of the Preferred Securities pursuant to the Declaration, this Article Seven will have no effect.
