Item 5. OTHER INFORMATION

Item 1.01. Entry into a Material Definitive Agreement

On November 1, 2022, each member of the Company’s Board of Directors and each of its executive officers entered into an indemnification agreement (the “Indemnification Agreement”) with the Company. The Indemnification Agreement supplements the indemnification provisions contained in the Company’s Amended and Restated By-Laws and generally provides that the Company will indemnify the Indemnitee to the fullest extent permitted by the General Corporation Law of the State of Delaware and any other applicable laws, subject to certain exceptions, against expenses, damages, losses, liabilities, judgments, fines, penalties, and other amounts paid or incurred by the Indemnitee in connection with any threatened, asserted, pending, or completed claim, demand, action, suit or proceeding in which the Indemnitee is involved by reason of the Indemnitee’s service as a director or officer of the Company.

The foregoing description of the Indemnification Agreement does not purport to be complete and is qualified in its entirety by reference to the full text of the Indemnification Agreement, the form of which is filed as Exhibit 10.30 hereto and is incorporated herein by reference.

76 | The AES Corporation | September 30, 2022 Form 10-Q