According to the Complaint, this action stems from a proposed transaction announced on October 30, 2017
(the “Proposed Transaction”), pursuant to which Dynegy Inc. (“Dynegy” or the “Company”) will
be acquired by Vistra Energy Corp. (“Vistra Energy”).
Dynegy began operations in 1984 and incorporated in Delaware in 2007. The Company is a holding company that conducts substantially all of its business operations through its subsidiaries. Dynegy’s primary business is the production and sale of electric energy, capacity, and ancillary services from its fleet of 50 power plants in 12 states totaling approximately 31,000 megawatts of generating capacity.
On October 29, 2017, the Individual Defendants caused the Company to enter into the Merger Agreement, pursuant to which the Company will be acquired by Vistra Energy.
Defendants filed the Registration Statement with the SEC in connection with the Proposed Transaction.
The Complaint alleges that the Registration Statement omits material information with respect to the Proposed Transaction, which renders the Registration Statement false and misleading.