ASSET PURCHASE AGREEMENT dated as of December 10, 2012 among DYNEGY DANSKAMMER, L.L.C., as the Seller and ICS NY Holdings, LLC, as the PurchaserAsset Purchase Agreement • December 10th, 2012 • Dynegy Inc. • Electric services • New York
This Asset Purchase Agreement is dated as of December 10, 2012 (the “Effective Date”), between DYNEGY DANSKAMMER, L.L.C., a Delaware limited liability company (the “Seller”) and ICS NY Holdings, LLC an Arizona limited liability company (the “Purchaser”). The Seller and the Purchaser are each referred to herein as a “Party” and collectively as the “Parties.”
December 4, 2012Dynegy Inc. • December 10th, 2012 • Electric services • New York
Louis Dreyfus Highbridge Energy LLC or affiliate (the “Buyer”) is pleased to enter into this letter agreement (together with Exhibit A hereto, this “Agreement”) with Dynegy Roseton, L.L.C. (the “Seller”) for the acquisition of the Acquired Assets consistent with the terms set forth in this Agreement. Capitalized terms used but not defined herein have the meanings ascribed to them in the term sheet attached as Exhibit A hereto. The Acquired Assets will be sold in connection with the chapter 11 cases commenced by the Seller under Case No. 11-38111 and related plan of liquidation. We are prepared to move swiftly to bring this transaction to completion and would like to enter into this Agreement with the Seller to transact on the terms set forth in Exhibit A hereto, which Agreement shall be subject to the approval of the Bankruptcy Court in the case of the Seller. The Seller and the Buyer (each a “Party” and together, the “Parties”) hereby agree as follows:
