Amendment No. 1 to Equity Distribution Agreement between The Empire District Electric Company and UBS Securities LLC

Contract Categories: Business Finance › Equity Distribution Agreements
Summary

The Empire District Electric Company and UBS Securities LLC have amended their original Equity Distribution Agreement. The amendment increases the maximum amount of common stock that can be distributed from $60 million to $120 million and reduces the commission rate for sales from 4.25% to 3.0%. Other than these changes, all other terms of the original agreement remain in effect. This amendment is binding upon acceptance by both parties.

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EX-10.1 3 ex10_1.htm EXHIBIT 10.1 ex10_1.htm
 
Exhibit 10.1

 
THE EMPIRE DISTRICT ELECTRIC COMPANY
 
$120,000,000
 
Common Stock
(par value $1.00 per share)
 
AMENDMENT NO. 1
 
TO
 
EQUITY DISTRIBUTION AGREEMENT
 
October 22, 2009
 
UBS Securities LLC
299 Park Avenue
New York, New York 10171-0026
 
The Empire District Electric Company, a Kansas corporation (the “Company”), and UBS Securities LLC (the “Manager”), being parties to the Equity Distribution Agreement dated February 25, 2009 (the “Original Agreement”), now desire to, and hereby do, amend the Original Agreement as follows:
 
SECTION 1.  Amendments to Original Agreement.
 
(a)  All references to $60,000,000 in the Original Agreement are hereby changed to $120,000,000, except as set forth in Schedule D.
 
(b)  With respect to sales effected on or after the date hereof, the reference to 4.25% in Section 3(a)(iv) of the Original Agreement is hereby changed to 3.0%.
 
(c)  Schedule D to the Original Agreement is hereby deleted and replaced by Schedule D attached hereto.
 
SECTION 2.  Miscellaneous.
 
Except for the changes set forth in Section 1 above, the Original Agreement is in all respects ratified and confirmed; the Original Agreement and this Amendment No. 1 shall effectively constitute one and the same agreement; and all references in the Original Agreement to “this Agreement” shall be deemed to refer to the Original Agreement as amended by this Amendment No. 1, unless the context clearly requires otherwise.
 
If the foregoing correctly sets forth the understanding between the Company and the Manager, please so indicate in the space provided below for that purpose, whereupon this Amendment and your acceptance shall constitute a binding agreement between the Company and the Manager.
 

 
 
 

 
Very truly yours,
 
 
THE EMPIRE DISTRICT ELECTRIC COMPANY
 
 
By:  /s/ Gregory A. Knapp         
        Name:  Gregory A. Knapp
        Title:    Vice President – Finance and
                     Chief Financial Officer
 
ACCEPTED as of the date
first above written
 
UBS SECURITIES LLC
   
   
By:
 /s/ John T. Deignan      
 
Name:  John T. Deignan
 
Title:    Executive Director
   

UBS SECURITIES LLC
   
   
By:
 /s/ Justin Swartz        
 
Name:  Justin Swartz
 
Title:    Associate Director