DYNEGY INC. 35,000,000 Shares of Class A Common Stock Underwriting AgreementUnderwriting Agreement • August 10th, 2006 • Dynegy Inc /Il/ • Electric services • New York
Dynegy Inc., an Illinois corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 35,000,000 shares of Class A Common Stock, no par value per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 5,250,000 shares of Class A Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Class A Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are herein referred to as the “Stock”.
AMENDMENT NO. 2Dynegy Inc /Il/ • August 10th, 2006 • Electric services
AMENDMENT NO. 2 dated as of July 11, 2006 to the Credit Agreement referred to below, among DYNEGY HOLDINGS INC. (the “Borrower”), DYNEGY INC. (the “Parent Guarantor”), the SUBSIDIARY GUARANTORS party thereto (the “Subsidiary Guarantors”), the Lenders (as defined in the Credit Agreement referred to below) party thereto (the “Lenders”), JPMORGAN CHASE BANK, N.A. and CITICORP USA, INC., as Administrative Agents, CITICORP USA, INC., as Payment Agent, JPMORGAN CHASE BANK, N.A., as Collateral Agent, and each L/C ISSUER party thereto.
