Attached files
| file | filename |
|---|---|
| EX-99.1 - DYNEGY HOLDINGS, LLC | pressrelease.htm |
| EX-10.1 - DYNEGY HOLDINGS, LLC | suppindent.htm |
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date
of Report (Date of earliest event reported)
January
4, 2010 (December 30, 2009)
DYNEGY
HOLDINGS INC.
(Exact
name of registrant as specified in its charter)
|
Delaware
Delaware
|
001-33443
000-29311
|
20-5653152
94-3248415
|
||
|
(State
or Other Jurisdiction
of
Incorporation)
|
(Commission
File Number)
|
(I.R.S.
Employer
Identification
No.)
|
|
1000
Louisiana, Suite 5800, Houston, Texas
|
77002
|
|
|
(Address
of principal executive offices)
|
(Zip
Code)
|
(713)
507-6400
(Registrant’s
telephone number, including area code)
N.A.
(Former
name or former address, if changed since last report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
|
¨
|
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
|
¨
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
|
¨
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
|
|
¨
|
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
|
|
Item
1.01
|
Entry
into a Material Definitive
Agreement.
|
On
December 30, 2009, upon receipt of the requisite consents to adopt proposed
amendments to the indenture originally dated as of September 26, 1996, as
amended and restated on March 23, 1998 and March 14, 2001 (the “Indenture”) with
Wilmington Trust Company as the trustee, Dynegy Holdings Inc. (“DHI”), a wholly
owned subsidiary of Dynegy Inc., entered into the sixth supplemental indenture
to the Indenture (the “Sixth Supplemental Indenture”). The Sixth
Supplemental Indenture gives effect to the proposed amendments to the Indenture,
which eliminate certain restrictive covenants in the Indenture solely with
respect to DHI’s 6.875% Senior Notes Due 2011 and 8.750% Senior Notes Due 2012
(collectively, the “Notes”).
The
foregoing is intended only to be a summary of the Sixth Supplemental Indenture
and is qualified in its entirety by the Sixth Supplemental Indenture as executed
on December 30, 2009, which is attached hereto as Exhibit 10.1 and incorporated
herein by reference.
|
Item
3.03
|
Material
Modifications to Rights of Security
Holders.
|
The information set forth in Item 1.01
of this Current Report on Form 8-K is hereby incorporated into this Item 3.03 by
reference.
|
Item
7.01
|
Regulation
FD Disclosure.
|
On
January 4, 2010, Dynegy issued a press release relating to matters
disclosed in this Current Report on Form 8-K. A copy of a press
release is being furnished as Exhibit 99.1 and is herein incorporated by
reference.
|
Item
9.01
|
Financial
Statements and Exhibits.
|
(d) Exhibits:
|
Exhibit No.
|
Document
|
|
10.1
99.1
|
Sixth
Supplemental Indenture, dated as of December 30, 2009.
Press
release dated January 4, 2010.
|
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
|
DYNEGY
INC.
|
||||
|
(Registrant)
|
||||
|
Dated:
January 4, 2010
|
By:
|
/s/
KENT R. STEPHENSON
|
||
|
Name:
|
Kent
R. Stephenson
|
|||
|
Title:
|
Senior
Vice President, Deputy General Counsel
|
|||
|
DYNEGY
HOLDINGS INC.
|
||||
|
(Registrant)
|
||||
|
Dated:
January 4, 2010
|
By:
|
/s/
KENT R. STEPHENSON
|
||
|
Name:
|
Kent
R. Stephenson
|
|||
|
Title:
|
Senior
Vice President, Deputy General
Counsel
|
|||
EXHIBIT
INDEX
|
Exhibit No.
|
Document
|
|
10.1
99.1
|
Sixth
Supplemental Indenture, dated as of December 30, 2009.
Press
release dated January 4, 2010.
|