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Item 6. EXHIBITS

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Item 6. EXHIBITS

(a) Exhibits filed or furnished as part of Part II are:

ExhibitsPreviously Filed With File Number*As Exhibit
(2)Plan of Acquisition, Reorganization, Arrangement, Liquidation, or Succession
2.10001-38086 Form 8-K (filed March 7, 2023)2.1—Transaction Agreement, dated March 6, 2023, by and among Vistra Operations Company LLC, Black Pen Inc. and Energy Harbor Corp.
(3(i))Articles of Incorporation
3.10001-38086 Form 8-K (filed May 4, 2020)3.1—Restated Certificate of Incorporation of Vistra Energy Corp. (now known as Vistra Corp.)
3.20001-38086 Form 8-K (filed June 29, 2020)3.1—Certificate of Amendment of the Restated Certificate of Incorporation of Vistra Energy Corp. (now known as Vistra Corp.), effective July 2, 2020
3.30001-38086 Form 8-K (filed October 15, 2021)3.1—Series A Preferred Stock Certificate of Designation, filed with the Secretary of State of Delaware on October 14, 2021
3.40001-38086 Form 8-K (filed December 13, 2021)3.1—Series B Preferred Stock Certificate of Designation, filed with the Secretary of State of Delaware on December 9, 2021
(3(ii))By-laws
3.3001-38086 Form 10-K (Year ended December 31, 2021) (filed February 25, 2022)3.5—Amended and Restated Bylaws of Vistra Corp., effective February 23, 2022
(4)Instruments Defining the Rights of Security Holders, Including Indentures
4.1**—Tenth Supplemental Indenture for the 5.500% Senior Notes due 2026, dated July 31, 2023, among the Guaranteeing Subsidiaries, the Company, the Subsidiary Guarantors and the Trustee
4.2**—Tenth Supplemental Indenture for the 5.625% Senior Notes due 2027, dated July 31, 2023, among the Guaranteeing Subsidiaries, the Company, the Subsidiary Guarantors and the Trustee
4.3**—Tenth Supplemental Indenture for the 5.000% Senior Notes due 2027, dated July 31, 2023, among the Guaranteeing Subsidiaries, the Company, the Subsidiary Guarantors and the Trustee
4.4**—Thirteenth Supplemental Indenture for 3.55% Senior Secured Notes due 2024, 3.70% Senior Secured Notes due 2027, 4.30% Senior Secured Notes due 2029, 4.875% Senior Secured Notes due 2024 and 5.125% Senior Secured Notes due 2025, dated as of July 31, 2023, among Vistra Operations Company LLC, as Issuer, the Guaranteeing Subsidiaries, the Subsidiary Guarantors and the Trustee
4.5**—Fourth Supplemental Indenture for the 4.375% Senior Notes due 2029, dated July 31, 2023, among Vistra Operations Company LLC, as Issuer, the Guaranteeing Subsidiaries, the Subsidiary Guarantors and the Trustee
4.6**—Second Supplemental Indenture for the 7.233% Senior Secured Notes due 2028, dated August 3, 2023, among Vistra Operations Company LLC, as issuer, the subsidiary guarantors party thereto and The Bank of New York Mellon Trust Company, N.A., as trustee
ExhibitsPreviously Filed With File Number*As Exhibit
4.70001-38086 Form 8-K (filed July 17, 2023)4.1—Thirteenth Amendment to Receivables Purchase Agreement, dated as of July 11, 2023, among TXU Energy Receivables Company LLC, as seller, TXU Energy Retail Company LLC, as servicer, Vistra Operations Company LLC, as performance guarantor, certain purchaser agents and purchasers named therein and Credit Agricole Corporate and Investment Bank, as administrator
4.80001-38086 Form 8-K (filed October 2, 2023)4.1—Fourteenth Supplemental Indenture, dated as of September 26, 2023, by and among Vistra Operations Company LLC, as Issuer, the Subsidiary Guarantors and Wilmington Trust, National Association, as Trustee
4.90001-38086 Form 8-K (filed October 2, 2023)4.2—Indenture, dated as of September 26, 2023, by and among Vistra Operations Company LLC, as Issuer, the Subsidiary Guarantors and Wilmington Trust, National Association, as Trustee
4.100001-38086 Form 8-K (filed October 2, 2023)4.3—Form of Rule 144A Global Security for 6.950% Senior Secured Note due 2033 (included in Exhibit 4.8)
4.110001-38086 Form 8-K (filed October 2, 2023)4.4—Form of Regulation S Global Security for 6.950% Senior Secured Note due 2033 (included in Exhibit 4.8)
4.120001-38086 Form 8-K (filed October 2, 2023)4.5—Form of Rule 144A Global Security for 7.750% Senior Unsecured Note due 2031 (included in Exhibit 4.9)
4.130001-38086 Form 8-K (filed October 2, 2023)4.6—Form of Regulation S Global Security for 7.750% Senior Unsecured Note due 2031 (included in Exhibit 4.9)
(10)Material Contracts
10.1**—Fourteenth Amendment to Credit Agreement, dated September 26, 2023, by and among Vistra Operations Company LLC (as Borrower), Vistra Intermediate Company LLC (as Holdings), the other Credit Parties (as defined in the Credit Agreement) party thereto, the financial institutions, Revolving Credit Lenders, and Revolving Letter of Credit Issuers (in each case as defined in the Credit Agreement) party thereto, and Credit Suisse AG, Cayman Islands Branch (as Administrative Agent and as Collateral Agent)
10.2**—Sixth Amendment to Credit Agreement, dated as of September 26, 2023, among Vistra Operations Company LLC, as Borrower, Vistra Intermediate Company LLC, as Holdings, the other Credit Parties (as defined in the Credit Agreement) party thereto, Citibank, N.A., as Administrative Agent and as Collateral Agent, and the other lenders party thereto
10.3**—Seventh Amendment to Credit Agreement, dated as of October 4, 2023, among Vistra Operations Company LLC, as Borrower, Vistra Intermediate Company LLC, as Holdings, the other Credit Parties (as defined in the Credit Agreement) party thereto, Citibank, N.A., as Administrative Agent and as Collateral Agent, and the other lenders party thereto
10.40001-38086 Form 8-K (filed September 15, 2023)10.1—Senior Secured Notes Purchase Agreement, dated September 12, 2023, by and among Vistra Operations Company LLC, the Guarantors and Citigroup Global Markets Inc., on behalf of itself and the several Initial Purchasers named in Schedule I to the Purchase Agreement.
ExhibitsPreviously Filed With File Number*As Exhibit
10.50001-38086 Form 8-K (filed September 15, 2023)10.2—Senior Unsecured Notes Purchase Agreement, dated September 12, 2023, by and among Vistra Operations Company LLC, the Guarantors and Citigroup Global Markets Inc., on behalf of itself and the several Initial Purchasers named in Schedule I to the Purchase Agreement.
10.60001-38086 Form 8-K (filed July 17, 2023)10.1—Amendment No. 4 to Master Framework Agreement, dated as of July 11, 2023, by and among TXU Energy Retail Company LLC, as seller and seller party agent, certain originators name therein, Vistra Operations Company LLC, as guarantor, and MUFG Bank, Ltd., as buyer
10.70001-38086 Form 8-K (filed July 17, 2023)10.2—Amendment No. 3 to Master Repurchase Agreement, dated as of July 11, 2023, by and among TXU Energy Retail Company LLC, as seller and MUFG Bank, Ltd., as buyer
(31)Rule 13a-14(a) / 15d-14(a) Certifications
31.1**—Certification of James A. Burke, principal executive officer of Vistra Corp., pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
31.2**—Certification of Kristopher E. Moldovan, principal financial officer of Vistra Corp., pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
(32)Section 1350 Certifications
32.1***—Certification of James A. Burke, principal executive officer of Vistra Corp., pursuant to U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
32.2***—Certification of Kristopher E. Moldovan, principal financial officer of Vistra Corp., pursuant to U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(95)Mine Safety Disclosures
95.1**—Mine Safety Disclosures
XBRL Data Files
101.INS**—The following financial information from Vistra Corp.'s Quarterly Report on Form 10-Q for the period ended September 30, 2023 formatted in Inline XBRL (Extensible Business Reporting Language) includes: (i) the Condensed Consolidated Statements of Operations, (ii) the Condensed Consolidated Statements of Comprehensive Income (Loss), (iii) the Condensed Consolidated Statements of Cash Flows, (iv) the Condensed Consolidated Balance Sheets and (v) the Notes to the Condensed Consolidated Financial Statements
101.SCH**—XBRL Taxonomy Extension Schema Document
101.CAL**—XBRL Taxonomy Extension Calculation Linkbase Document
101.DEF**—XBRL Taxonomy Extension Definition Linkbase Document
101.LAB**—XBRL Taxonomy Extension Label Linkbase Document
101.PRE**—XBRL Taxonomy Extension Presentation Linkbase Document
104**—The Cover Page Interactive Data File does not appear in Exhibit 104 because its XBRL tags are embedded within the Inline XBRL document
  • Incorporated herein by reference

** Filed herewith

*** Furnished herewith

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

Vistra Corp.
By:/s/ CHRISTY DOBRY
Name:Christy Dobry
Title:Senior Vice President and Controller
(Principal Accounting Officer)

Date: November 7, 2023

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