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NEXTERA ENERGY INC 8-K Report, Material Agreement (Sep 20, 2016)

Filed September 20, 2016For Securities:NEENEE-PNNEE-PSNEE-PTNEE-PWNEE-PVNEE-PU

Summary

This 8-K filing by NextEra Energy, Inc. (NEE) reports on the amendment to the merger agreement with Energy Future Holdings Corp. (EFH) and its subsidiary EFIH, as part of EFH's Chapter 11 bankruptcy proceedings. Key updates include an increase of $300 million in the cash consideration to be funded by NEE, bringing the total transaction funding to $9.796 billion. This amendment also involves an updated plan support agreement with certain creditors. The company announced that the Bankruptcy Court has approved EFH and EFIH entering into these agreements, including the merger agreement, its amendment, and the amended plan support agreement. While this is a significant step, the transaction remains subject to Bankruptcy Court confirmation, as well as approvals from regulatory bodies such as the Public Utility Commission of Texas and the Federal Energy Regulatory Commission.

Key Highlights

  • 1NextEra Energy (NEE) amended its merger agreement with Energy Future Holdings Corp. (EFH) and its subsidiary EFIH.
  • 2The total consideration funded by NEE for the transaction has increased by $300 million to $9.796 billion.
  • 3The Bankruptcy Court has approved EFH and EFIH entering into the amended merger agreement and related plan support agreements.
  • 4The approval includes the termination fee stipulated in the merger agreement.
  • 5The transaction is contingent upon Bankruptcy Court confirmation and regulatory approvals from bodies like the Public Utility Commission of Texas and FERC.
  • 6An amended and restated plan support agreement has been entered into with certain creditors of EFH and EFIH.

Frequently Asked Questions

This filing announces an amendment to NextEra Energy's (NEE) merger agreement with Energy Future Holdings Corp. (EFH), as part of EFH's bankruptcy restructuring. It details an increase in the cash consideration and provides an update on regulatory and court approvals.

NextEra Energy's total funding for the transaction has increased by $300 million, bringing the total to $9.796 billion. This includes an increased 'merger sub cash amount' and repayment of a credit facility.

The Bankruptcy Court has approved EFH and EFIH entering into the amended merger agreement and the amended and restated plan support agreement. The termination fee associated with the merger agreement has also been approved.

The transaction is still subject to Bankruptcy Court confirmation of the reorganization plan. Additionally, approvals are required from regulatory bodies, including the Public Utility Commission of Texas and the Federal Energy Regulatory Commission (FERC), among others.