ASSET PURCHASE AGREEMENT BY AND BETWEEN THE DAYTON POWER AND LIGHT COMPANY, INDIANA ENERGY, INC.Asset Purchase Agreement • November 14th, 2000 • Dayton Power & Light Co • Electric & other services combined • Ohio
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 21st, 2019 • Dayton Power & Light Co • Electric & other services combined • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (as may be hereafter amended, supplemented or otherwise modified from time to time, the “Agreement”) is entered into as of June 19, 2019, among THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation (the “Borrower” or “DP&L”), each lender from time to time party hereto (collectively, the “Lenders” and each individually, a “Lender”), PNC BANK, NATIONAL ASSOCIATION, a national banking association (“Administrative Agent”), as Administrative Agent, Swing Line Lender and an L/C Issuer, U.S. BANK NATIONAL ASSOCIATION, as Syndication Agent and an L/C Issuer, and FIFTH THIRD BANK, BMO HARRIS BANK, N.A., SUNTRUST BANK, and THE HUNTINGTON NATIONAL BANK, as Documentation Agents.
THE DAYTON POWER AND LIGHT COMPANY Forty-First Supplemental Indenture Dated as of February 1, 1999 -----------Dayton Power & Light Co • March 30th, 1999 • Electric & other services combined
CREDIT AGREEMENTCredit Agreement • August 30th, 2016 • Dayton Power & Light Co • Electric & other services combined • New York
This CREDIT AGREEMENT (as may be hereafter amended, supplemented or otherwise modified from time to time, the “Agreement”) is entered into as of August 24, 2016, among THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation (the “Borrower” or “DP&L”), each lender from time to time party hereto (collectively, the “Lenders” and each individually, a “Lender”), JPMorgan Chase Bank, N.A. (“Administrative Agent”), as Administrative Agent and JPMorgan Chase Bank, N.A. (“Collateral Agent”), as Collateral Agent.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 6th, 2019 • Dayton Power & Light Co • Electric & other services combined • New York
THIS REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is made and entered into as of June 6, 2019, between The Dayton Power and Light Company, an Ohio corporation (the “Issuer”), BofA Securities, Inc., J.P. Morgan Securities LLC and each of the other initial purchasers named in Schedule A hereto (collectively, the “Initial Purchasers”) for whom BofA Securities, Inc. and J.P. Morgan Securities LLC are acting as the representatives (the “Representatives”).
CREDIT AGREEMENT Dated as of August 24, 2011 among THE DAYTON POWER AND LIGHT COMPANY, as the Borrower, FIFTH THIRD BANK, an Ohio banking corporation, as Administrative Agent, Swing Line Lender and an L/C Issuer BANK OF AMERICA, N.A., U.S. BANK,...Assignment and Assumption • August 30th, 2011 • Dayton Power & Light Co • Electric & other services combined • New York
This CREDIT AGREEMENT (as may by hereafter amended, supplemented or otherwise modified from time to time, the “Agreement”) is entered into as of August 24, 2011, among THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), FIFTH THIRD BANK, an Ohio banking corporation (“Fifth Third”), as Administrative Agent, Swing Line Lender and an L/C Issuer, BANK OF AMERICA, N.A., U.S. BANK, NATIONAL ASSOCIATION and PNC BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents and BANK OF AMERICA, N.A., as Documentation Agent.
CREDIT AGREEMENT Dated as of April 20, 2010 among THE DAYTON POWER AND LIGHT COMPANY, as the Borrower,Credit Agreement • April 22nd, 2010 • Dayton Power & Light Co • Electric & other services combined • New York
This CREDIT AGREEMENT (as may by hereafter amended, supplemented or otherwise modified from time to time, the “Agreement”) is entered into as of April 20, 2010, among THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent and an L/C Issuer.
LIMITED CONSENT AND WAIVERLimited Consent and Waiver • May 31st, 2011 • Dayton Power & Light Co • Electric & other services combined
This LIMITED CONSENT AND WAIVER (this “Consent”) dated as of May 24, 2011 is entered into by and among THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation (the “Borrower”), BANK OF AMERICA, N.A., in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement described below) (in such capacity, the “Administrative Agent”), and each of the Lenders. Each capitalized term used and not otherwise defined in this Consent has the definition specified in the Credit Agreement described below.
Execution Version 165778087_5 DEAL CUSIP: 24001QAH4 FACILITY CUSIP: 24001QAJ0 $250,000,000 REVOLVING CREDIT FACILITY SECOND AMENDED AND RESTATED CREDIT AGREEMENT by and among THE DAYTON POWER AND LIGHT COMPANY (d/b/a AES Ohio) THE LENDERS PARTY HERETO...Credit Agreement • December 23rd, 2022 • Dayton Power & Light Co • Electric & other services combined
AMENDED AND RESTATED PLEDGE AGREEMENTPledge Agreement • June 21st, 2019 • Dayton Power & Light Co • Electric & other services combined • New York
THIS AMENDED AND RESTATED PLEDGE AGREEMENT (this “Agreement”) is made and entered into as of June 19, 2019, by DPL INC., an Ohio corporation (the “Pledgor”) in favor of U.S. BANK NATIONAL ASSOCIATION, a national banking association, as collateral agent (the “Collateral Agent”) for the benefit of the Secured Parties (as defined below).
DPL Letterhead]Dayton Power & Light Co • August 2nd, 2006 • Electric & other services combined
CREDIT AGREEMENT Among THE DAYTON POWER AND LIGHT COMPANY as Borrower THE LENDING INSTITUTIONS NAMED THEREIN as Lenders And KEYBANK NATIONAL ASSOCIATION as an LC Issuer, the Administrative Agent and Lead ArrangerCredit Agreement • November 28th, 2006 • Dayton Power & Light Co • Electric & other services combined • New York
REVOLVING CREDIT AGREEMENT Dated as of December 18, 2002 among THE DAYTON POWER AND LIGHT COMPANY, THE LENDERS FROM TIME TO TIME PARTY HERETO, KEYBANK NATIONAL ASSOCIATION, as Syndication Agent, and BANK ONE, NA as Administrative Agent BANC ONE...Revolving Credit Agreement • March 5th, 2003 • Dayton Power & Light Co • Electric & other services combined • Illinois
DPL INC. PARTICIPATION AGREEMENT AND WAIVERParticipation Agreement and Waiver • March 10th, 2006 • Dayton Power & Light Co • Electric & other services combined
This PARTICIPATION AGREEMENT AND WAIVER (“Agreement”) is entered into this 6th day of March 2006 (the “Effective Date”) among DPL Inc., an Ohio corporation (“DPL”), The Dayton Power and Light Company, an Ohio corporation (“DP&L”), and Arthur G. Meyer (“Executive”).
100,000,000 REVOLVING CREDIT FACILITY CREDIT AGREEMENT by and among THE DAYTON POWER AND LIGHT COMPANY and THE LENDERS PARTY HERETO and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent Dated as of April 21, 2009Credit Agreement • October 8th, 2009 • Dayton Power & Light Co • Electric & other services combined
THIS CREDIT AGREEMENT (as may be hereafter amended from time to time, the “Agreement”) is dated as of April 21, 2009 and is made by and among The Dayton Power and Light Company, an Ohio corporation (the “Borrower”), the LENDERS (as hereinafter defined), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the “Administrative Agent”).
DPL INC. PARTICIPATION AGREEMENT AND WAIVER. Participation Agreement and Waiver • July 3rd, 2006 • Dayton Power & Light Co • Electric & other services combined
This PARTICIPATION AGREEMENT AND WAIVER (“Agreement”) is entered into this 29th day of June 2006 (the “Effective Date”) among DPL Inc., an Ohio corporation (“DPL”), The Dayton Power and Light Company, an Ohio corporation (“DP&L”), and John J. Gillen (“Executive”).
LOAN AGREEMENT between OHIO AIR QUALITY DEVELOPMENT AUTHORITY and THE DAYTON POWER AND LIGHT COMPANY State of Ohio Collateralized Air Quality Development Revenue Refunding Bonds 2015 Series B (The Dayton Power and Light Company Project) Dated as of...Loan Agreement • August 6th, 2015 • Dayton Power & Light Co • Electric & other services combined
AGREEMENTAgreement • March 5th, 2003 • Dayton Power & Light Co • Electric & other services combined • Ohio
THIS AGREEMENT is made as of December 31, 1996 among DPL INC., an Ohio corporation (“DPL”), THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation and a subsidiary of DPL (“DP&L” and, together with DPL, the “Companies”), and PETER H. FORSTER (“Mr. Forster”), under the following circumstances:
LOAN AGREEMENT between THE COUNTY OF BOONE, KENTUCKY and THE DAYTON POWER AND LIGHT COMPANYLoan Agreement • August 24th, 2005 • Dayton Power & Light Co • Electric & other services combined
THIS LOAN AGREEMENT is made and entered into as of August 1, 2005 between the COUNTY OF BOONE, KENTUCKY, (the “Issuer”), a de jure county and a political subdivision of the Commonwealth of Kentucky, and THE DAYTON POWER AND LIGHT COMPANY (the “Company”), a public utility and corporation duly organized and validly existing under the laws of the State of Ohio and duly qualified to do business in Kentucky. Capitalized terms used in the following recitals are used as defined in Article I of this Agreement.
CONTRACT AGREEMENTContract Agreement • March 15th, 2005 • Dayton Power & Light Co • Electric & other services combined
This Contract Agreement is made and effective as of October 27, 2004, by and between The Dayton Power and Light Company, a corporation of the State of Ohio, (hereinafter called Purchaser), with offices at US Route 52 (4 miles east of Aberdeen), Aberdeen, Ohio, 45101, and Pullman Power LLC, a Limited Liability Corporation of the State of Maryland, (hereinafter called Contractor), with offices at 1575 Universal Avenue, Ste. 230, Kansas City, Missouri 64120. Wherever the word “Subcontractor” is used in this Contract, it shall be deemed to mean the Contractor. Purchaser and Contractor (collectively, the Parties) agree as follows:
Fiftieth Supplemental IndentureThe Dayton Power and Light • August 30th, 2016 • Dayton Power & Light Co • Electric & other services combined
FIFTIETH SUPPLEMENTAL INDENTURE, dated as of August 1, 2016, between THE DAYTON POWER AND LIGHT COMPANY, a corporation of the State of Ohio (hereinafter sometimes called the “Company”), party of the first part, and THE BANK OF NEW YORK MELLON (formerly The Bank of New York), a corporation of the State of New York (hereinafter called the “Trustee”), as Trustee, party of the second part, whose mailing address is 101 Barclay Street, New York, New York 10286.
FIRST MODIFICATION TO OPEN-END MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILINGMortgage, Security Agreement • February 27th, 2018 • Dayton Power & Light Co • Electric & other services combined
THIS FIRST MODIFICATION TO OPEN-END MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILING (FEE AND LEASEHOLD), dated as of October 1, 2017 (this “Modification”), is made by AES OHIO GENERATION, LLC, an Ohio limited liability company, successor by name change to DPL Energy, LLC (“Mortgagor”), whose address is 1065 Woodman Drive, Dayton, OH 45432, and U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent acting on behalf of the Secured Parties (in such capacity, “Mortgagee”), whose address is 461 Fifth Avenue, 19th Floor, New York, New York, 10017.
EMPLOYMENT AGREEMENTEmployment Agreement • March 5th, 2003 • Dayton Power & Light Co • Electric & other services combined • Ohio
THIS EMPLOYMENT AGREEMENT is made as of October 17, 2002 among DPL INC., an Ohio corporation (“DPL”), THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation (“DP&L”, and together with DPL, the “Companies”) and STEPHEN F. KOZIAR, JR. (“Mr. Koziar”) under the following circumstances:
DPL INC. PARTICIPATION AGREEMENTDPL Inc. Participation Agreement • July 3rd, 2006 • Dayton Power & Light Co • Electric & other services combined
This PARTICIPATION AGREEMENT (“Agreement”) is entered into this 30th day of June, 2006 (the “Effective Date”) among DPL Inc., an Ohio corporation (“DPL”), The Dayton Power and Light Company, an Ohio corporation (“DP&L”), and Fred Boyle (“Executive”).
GUARANTY AGREEMENTGuaranty Agreement • August 6th, 2015 • Dayton Power & Light Co • Electric & other services combined • New York
THIS GUARANTY AGREEMENT dated as of July 31, 2015 (this “Guaranty Agreement”), is being entered into by DPL ENERGY, LLC, an Ohio limited liability company (the “Guarantor”) and U.S. BANK NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the “Administrative Agent”) for each of the Guaranteed Parties (as defined in Section 1 below). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement.
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • July 30th, 2009 • Dayton Power & Light Co • Electric & other services combined • New York
This Amendment No. 1 to Credit Agreement (this “Amendment”) is dated as of April 9, 2009, by and among THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation (the “Borrower”), the lending institutions party to the Credit Agreement, as hereinafter defined (the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders (the “Administrative Agent”).
DPL INC. PARTICIPATION AGREEMENTParticipation Agreement • February 22nd, 2008 • Dayton Power & Light Co • Electric & other services combined
This PARTICIPATION AGREEMENT (“Agreement”) is entered into this 27th day of March 2007 (the “Effective Date”) among DPL Inc., an Ohio corporation (“DPL”), The Dayton Power and Light Company, an Ohio corporation (“DP&L”) (collectively, the “Company”), and Scott J. Kelly (“Executive”).
DPL INC. AMENDED AND RESTATED LONG-TERM INCENTIVE PLAN - PERFORMANCE SHARES AGREEMENT (Granted Under the 2006 Equity and Performance Incentive Plan)Performance Shares Agreement • February 22nd, 2008 • Dayton Power & Light Co • Electric & other services combined • Ohio
This Amended and Restated Long-Term Incentive Plan - Performance Shares Agreement (this “Agreement”) is made as of , 2008 between DPL Inc., an Ohio corporation (“DPL”), and , an employee of DPL or its Subsidiaries (the “Grantee”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • January 5th, 2018 • Dayton Power & Light Co • Electric & other services combined • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is dated as of January 3, 2018 and is entered into by and among THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation (the “Borrower” or “DP&L”), each lender from time to time party hereto (collectively, the “Lenders” and each individually, a “Lender”), and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”), acting with the consent of the Required Lenders and, for purposes of Section VIII hereof, and is made with reference to that certain CREDIT AGREEMENT dated as of August 24, 2016 (as amended, amended and restated, supplemented or otherwise modified through the date hereof, the “Credit Agreement”) by and among the Borrower, the Lenders, the Administrative Agent and JPMorgan Chase Bank, N.A. (the “Collateral Agent”) as Collateral Agent. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement after giving effect t
PARTICIPATION AGREEMENTParticipation Agreement • February 22nd, 2008 • Dayton Power & Light Co • Electric & other services combined
This PARTICIPATION AGREEMENT (“Agreement”) is entered into this 13th day of January 2007 (the “Effective Date”) among DPL Inc., an Ohio corporation (“DPL”), The Dayton Power and Light Company, an Ohio corporation (“DP&L”) (collectively, the “Company”), and Daniel J. McCabe (“Executive”).
THE DAYTON POWER AND LIGHT COMPANY D/B/A AES OHIO AND THE BANK OF NEW YORK MELLON (formerly The Bank of New York) Trustee Fifty-Fourth Supplemental Indenture Dated as of April 1, 2023Indenture • April 14th, 2023 • Dayton Power & Light Co • Electric & other services combined
EXCHANGE AND REGISTRATION RIGHTS AGREEMENT FOR FIRST MORTGAGE BONDS, 51/8% SERIES DUE 2013 Dated as of September 29, 2003 between THE DAYTON POWER AND LIGHT COMPANY and MORGAN STANLEY & CO. INCORPORATED and MCDONALD INVESTMENTS INC. ABN AMRO...Registration Rights Agreement • April 26th, 2005 • Dayton Power & Light Co • Electric & other services combined • New York
THIS EXCHANGE AND REGISTRATION RIGHTS AGREEMENT (this "Agreement") is made and entered into as of September 29, 2003 between THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation ("DP&L"), and MORGAN STANLEY & CO. INCORPORATED and MCDONALD INVESTMENTS INC., ABN AMRO INCORPORATED, TOKYO-MITSUBISHI INTERNATIONAL PLC, FIFTH THIRD SECURITIES, INC. and NATCITY INVESTMENTS, INC. (the "Initial Purchasers").
PARTICIPATION AGREEMENTParticipation Agreement • February 22nd, 2008 • Dayton Power & Light Co • Electric & other services combined
This PARTICIPATION AGREEMENT (“Agreement”) is entered into this 2 day of August 2007 (the “Effective Date”) among DPL Inc., an Ohio corporation (“DPL”), The Dayton Power and Light Company, an Ohio corporation (“DP&L”) (collectively, the “Company”), and Teresa F. Marrinan (“Executive”).
PARTICIPATION AGREEMENT AND WAIVERParticipation Agreement and Waiver • February 22nd, 2008 • Dayton Power & Light Co • Electric & other services combined
This PARTlClPATlON AGREEMENT AND WAIVER (“Agreement”) is entered into this 23rd day of February 2006 (the “Effective Date’) among DPL Inc., an Ohio corporation (“DPL”), The Dayton Power and Light Company, an Ohio corporation (“DP&L”), and Miggie E. Cramblit (“Executive”).
AMENDMENT NO. 1Open Book Contract • March 23rd, 2005 • Dayton Power & Light Co • Electric & other services combined
THIS AMENDMENT NO. 1 (the “Amendment”) to the Open Book Contract dated the 17th day of August, 2004 (the “Open Book Contract”) is made and entered into this 10th day of February, 2005, by and between THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation with an address of 1065 Woodman Drive, Dayton, Ohio 45432 (“DP&L”) and BLACK & VEATCH CORPORATION, a Delaware Corporation with an address of 11401 Lamar, Overland Park, Kansas 66211 (“B&V”). DP&L and B&V may be sometimes referred to herein collectively as the “Parties” and individually as a “Party.”
