Exhibit 4.36
FOURTH AMENDMENT TO THE ILLINOIS
POWER COMPANY
INCENTIVE SAVINGS PLAN FOR
EMPLOYEES
COVERED UNDER A COLLECTIVE
BARGAINING AGREEMENT
WHEREAS, Dynegy Inc., Illinova
Corporation, Illinova Generating Company and Ameren Corporation
entered into that certain Stock Purchase Agreement dated as of
February 2, 2004 (the “Agreement”) under which Ameren
Corporation will acquire all of the outstanding common and
preferred stock of Illinois Power Company owned by Illinova
Corporation; and
WHEREAS, effective immediately prior
to the “Closing Date” of the Agreement, as such term is
defined under Section 2.4 of the Agreement (the “Closing
Date”), Illinois Power Company will cease to be an
“Employer” under the Illinois Power Company Incentive
Savings Plan for Employees Covered Under a Collective Bargaining
Agreement, as amended and restated effective January 1, 2002, and
as subsequently amended (the “Plan”);
NOW, THEREFORE, in consideration of
the premises, the Plan shall be, and hereby is amended in the
following respects effective immediately prior to the Closing
Date:
I.
Effective immediately prior to the
Closing Date, Illinois Power Company shall, pursuant to Section
17.1(e) of the Plan, cease to be a participating
“Employer” under the Plan and any individual who is an
employee of Illinois Power Company and who is not a participant in
the Plan as of the day preceding the Closing Date will not be
eligible to become a participant in the Plan. Plan Section 1.1(22)
is hereby amended by deleting the reference to “Illinois
Power Company” from such Section. Compensation from, and
service with, Illinois Power Company will not be
considere
