0000040779-09-000022 Sample Contracts

Contract
First Supplemental Indenture • April 28th, 2009 • Toledo Edison Co • Electric services • New York

FIRST SUPPLEMENTAL INDENTURE, dated as of April 24, 2009 (this “Supplemental Indenture”), between The Toledo Edison Company, a corporation organized and existing under the laws of the State of Ohio (the “Company”), and The Bank of New York Mellon Trust Company, N.A. (formerly known as The Bank of New York Trust Company, N.A.), as trustee under the Indenture referred to below (the “Trustee”).

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Contract
Toledo Edison Co • April 28th, 2009 • Electric services

THIS BOND IS NOT TRANSFERABLE EXCEPT TO A SUCCESSOR TRUSTEE UNDER THE INDENTURE, DATED AS OF NOVEMBER 1, 2006, BETWEEN THE TOLEDO EDISON COMPANY AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (Formerly Known as The Bank of New York Trust Company, N.A.), AS TRUSTEE, OR IN COMPLIANCE WITH A FINAL ORDER OF A COURT OF COMPETENT JURISDICTION IN CONNECTION WITH ANY BANKRUPTCY OR REORGANIZATION PROCEEDING OF THE TOLEDO EDISON COMPANY.

THE TOLEDO EDISON COMPANY (an Ohio corporation) $300,000,000 7.25% Senior Secured Notes due 2020 AMENDED AND RESTATED UNDERWRITING AGREEMENT
Underwriting Agreement • April 28th, 2009 • Toledo Edison Co • Electric services • New York

Credit Suisse Securities (USA) LLC Citigroup Global Markets Inc. J.P. Morgan Securities Inc. Morgan Stanley & Co. Incorporated As Representatives of the Underwriters named in Schedule I to the Underwriting Agreement (as defined below)

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