ContractAmended and Restated Agreement • January 17th, 2017 • Bluescape Resources GP Holdings LLC • Electric services
THIS AMENDED AND RESTATED AGREEMENT (this “Agreement”), dated as of January 16, 2017, is by and among Elliott Associates, L.P., a Delaware limited partnership (“EALP”), Elliott International, L.P., a Cayman Islands limited partnership (“EILP”), and Elliott International Capital Advisors Inc., a Delaware corporation (“EICA” and, together with EALP and EILP, collectively, “Elliott”), and Bluescape Energy Partners LLC, a Delaware limited liability company (“BEP”), and BEP Special Situations 2 LLC, a Delaware limited liability company (“BEP SS2” and, together with BEP, collectively, “Bluescape”). Each of Elliott and Bluescape is referred to herein as a “party” and, collectively, as the “parties”.
JOINT FILING AGREEMENTJoint Filing Agreement • January 17th, 2017 • Bluescape Resources GP Holdings LLC • Electric services
The undersigned hereby agree that the statement on Schedule 13D with respect to the Common Stock, $0.01 par value, of NRG Energy, Inc. dated as of the date hereof is, and any further amendments thereto signed by each of the undersigned shall be, filed on behalf of each of the undersigned pursuant to and in accordance with the provisions of Rule 13d-1(f) under the Securities Exchange Act of 1934, as amended.
TERMINATION AGREEMENTTermination Agreement • February 13th, 2017 • Bluescape Resources GP Holdings LLC • Electric services
Reference is made to that certain Amended and Restated Agreement by and between Elliott Associates, L.P. (“EALP”), Elliott International, L.P. (“EILP”) and Elliott International Capital Advisors Inc. (together with EALP and EILP, “Elliott”) and Bluescape Energy Partners LLC (“BEP”) and BEP Special Situations 2 LLC (together with BEP, “Bluescape”), dated as of January 16, 2017 (the “Original Agreement”). Pursuant to Section 7 of the Original Agreement, Elliott and Bluescape hereby mutually agree to terminate the Original Agreement, effective immediately (the “Termination”). Each of Elliott and Bluescape hereby agree and acknowledge that as of the execution hereof (i) they have no agreement, arrangement or understanding whatsoever among themselves with respect to the acquisition, holding, voting or disposition of securities of NRG Energy, Inc. and (ii) each may vote or dispose of any securities of NRG Energy, Inc. that they may beneficially own in their sole discretion, subject to any co
