Exhibit 3.03
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231
www.dos.state.ny.us
CERTIFICATE OF AMENDMENT
OF THE
CERTIFICATE OF INCORPORATION
OF
ACE ENERGY, INC.
(Insert Name of Domestic Corporation)
Under Section 805 of the Business Corporation Law
FIRST: The name of the corporation is: ACE ENERGY, INC.
If the name of the corporation has been changed, the name under which it was formed is:
SECOND: The date of filing of the certificate of incorporation with the Department of State is: 6 25, 2004
THIRD: The amendment effected by this certificate of amendment is as follows:
(Set forth each amendment in a separate paragraph providing the subject matter and full text of each amended paragraph. For example, an amendment changing the name of the corporation would read as follows: Paragraph First of the Certificate of Incorporation relating to the corporation name is hereby amended to read as follows: First: The name of the corporation is... (new name) … )
Paragraph 5 of the Certificate of Incorporation relating to the address to which the Secretary of State shall forward copies of process accepted on behalf of the corporation
is hereby amended to read in its entirety as follows:
5. The Secretary of State is designated as the agent of the corporation upon whom process against the corporation may be served. The post office address to which the Secretary of State shall mail a copy of any process against the corporation served upon him is: c/o C T Corporation System, 111 Eighth Avenue, New York, New York 10011.
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Paragraph of the Certificate of Incorporation relating to
is hereby amended to read in its entirety as follows:
FOURTH: The certificate of amendment was authorized by: (Check the appropriate box)
o The vote of the board of directors followed by a vote of a majority of all outstanding shares entitled to vote thereon at a meeting of shareholders.
x The vote of the board of directors followed by the unanimous written consent of the holders of all outstanding shares.
/s/ Elizabeth McCormack | | Elizabeth McCormack |
(Signature) | | (Name of Signer) |
| | Authorized Person |
| | (Title of Signer) |
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CERTIFICATE OF AMENDMENT
OF THE
CERTIFICATE OF INCORPORATION
OF
ACE ENERGY, INC.
(Insert Name of Domestic Corporation)
Under Section 805 of the Business Corporation Law
Filer’s Name Elizabeth McCormack
Address c/o NRG Energy, Inc. 211 Carnegie Center
City, State and Zip Code Princeton, NJ 08540
NOTE: This form was prepared by the New York State Department of State. It does not contain ail optional provisions under the law. You are not required to use this form. You may draft your own form or use forms available at legal stationery stores. The Department of State recommends that all documents be prepared under the guidance of an attorney. The certificate must be submitted with a $60 filing fee, plus the required tax on shares pursuant to §180 of the Tax Law, if applicable.
For Office Use Only
FILED
2013 SEP -6 AM 10:27
RECEIVED | | RECEIVED | | RECEIVED |
| | | | |
2013 SEP -4 PM 4:03 | | 2013 AUG 29 | | 2013 AUG 30 PM 4:02 |
DRAWDOWN
| STATE OF NEW YORK |
| DEPARTMENT OF STATE |
| |
| FILED SEP 06 2013 |
| |
| TAX $ | — |
| | |
| BY: | [ILLEGIBLE] |
| | Erie |
RECEIVED
2013 SEP -5 PM 4:09
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New York State
Department of State
Division of Corporations, State Records
and Uniform Commercial Code
41 State Street
Albany, NY 12231
CERTIFICATE OF CHANGE
OF
ACE ENERGY, INC.
Under Section 805-A of the Business Corporation Law
FIRST: | The name of the corporation is: ACE ENERGY, INC. |
| |
SECOND: | The certificate of incorporation was filed by the Department of State on: July 25, 2004 |
| |
THIRD; | The change effected hereby are: |
| | The address to which the Secretary of State shall forward copies of process accepted on behalf of the corporation is changed to: |
| | KAVINOKY COOK LLP |
| | 726 EXCHANGE STREET |
| | SUITE 800 |
| | BUFFALO, NEW YORK 14210 |
| |
FOURTH: | The change was authorized by the board of directors. |
| |
SIGNED: Sept 17, 2004 |
| | | |
| /s/ Laura Manch | |
| Laura Manch, Authorized Person | |
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CSC 45
DRAW DOWN
CERTIFICATE OF CHANGE
OF
ACE ENERGY, INC.
Under Section 805-A of the Business Corporation Law
| Filer’s Name | Kavinoky Cook LLP | |
| Address | 726 Exchange Street | |
| | Suite 800 | |
| City, State and Zip Code | Buffalo, NY 14210 | |
FILED
2004 SEP 20 AM 9:38
| STATE OF NEW YORK |
| DEPARTMENT OF STATE |
| |
| FILED SEP 20 2004 |
| |
| TAX $ |
| |
| BY: | [ILLEGIBLE] |
| | Erie |
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