Fourth Amendment to The Southern Company Deferred Compensation Plan

WHEREAS, the Board of Directors of Southern Company Services, Inc. heretofore established and adopted the Southern Company Deferred Compensation Plan, as amended and restated effective January 1, 2018 (the “Plan”);

WHEREAS, under Section 8.3 of the Plan, the Benefits Administration Committee (the “Committee”) may amend the Plan, provided the amendment either (a) does not involve a substantial increase in cost to any Employing Company, or (b) is necessary, proper, or desirable in order to comply with applicable laws or regulations enacted or promulgated by any federal or state governmental authority; and

WHEREAS, the Committee, in its settlor capacity, desires to amend the Plan to provide for cessation of active participation for employees of Sequent Energy Management, LP and Sequent Energy Canada Corp. who are no longer Employees due to the divestiture that occurred on July 1, 2021, and to provide for full vesting for the benefits of such employees.

NOW, THEREFORE, pursuant to resolutions adopted on November 8, 2021, the Committee hereby amends the Plan as follows, effective as specified herein:

The Plan is hereby amended by adding a new paragraph (g) to Section 4.4, as follows:

(g)    Sequent.

(1)    Cessation of Participation. Effective as of July 1, 2021, (i) Sequent Energy Management, LP and Sequent Energy Canada Corp. and their direct and indirect subsidiaries will cease to be affiliated companies of Southern Company Gas for purposes of determining Employing Company status under the Plan; and (ii) Participants who cease to be Employees due to the sale of Sequent Energy Management, LP and Sequent Energy Canada Corp., will cease to be eligible to actively participate in the Plan.

(2)    Vesting Acceleration. Effective as of July 1, 2021, Participants who cease to be Employees due to the sale of Sequent Energy Management, LP and Sequent Energy Canada Corp. will be deemed to be fully vested for all purposes hereunder.

Except as amended herein by this Fourth Amendment, the Plan shall remain in full force and effect.

IN WITNESS WHEREOF, the Committee, through its authorized representative, has adopted this Fourth Amendment to the Southern Company Deferred Compensation Plan, as amended and restated as of January 1, 2018, this 1st day of December, 2021.