EX-99 21 0021.txt TCS OF DANVILLE CERTIFICATE OF FORMATION CERTIFICATE OF FORMATION OF Trigen-Cinergy Solutions of Danville LLC The undersigned, being a natural person of age eighteen years or more, acting as the Sole Organizer of a limited liability company under the Delaware Limited Liability Company Act (as the same may be amended from time to time, the "Act"), adopts, pursuant to Section 18-201 of the Act, the following Certificate of Formation for such limited liability company (the "Company"): ARTICLE I NAME The name of the Company shall be: Trigen-Cinergy Solutions of Danville LLC ARTICLE II REGISTERED OFFICE, REGISTERED AGENT The initial registered office of the Company shall be: c/o The Corporation Trust Company, 1209 Orange Street, Wilmington, New Castle County, Delaware, or such other location as the Parties by mutual consent shall determine. The initial registered agent of the Company shall be: The Corporation Trust Company, 1209 Orange Street, Wilmington, New Castle County, Delaware, or such other location as the Parties by mutual consent shall determine. Either the registered office or the registered agent may be changed in the manner provided by law. ARTICLE III PERIOD OF DURATION The Company shall exist until dissolved according to law or by the terms of its Limited Liability Company Agreement (the "LLC Agreement"). ARTICLE IV POWERS Subject to the LLC Agreement, the Company shall have and may exercise all powers and rights which a limited liability company may exercise legally pursuant to the Act. ARTICLE V AMENDMENTS The Company reserves the right to amend this Certificate of Formation from time to time in accordance with the Act, provided, that the unanimous approval of the members of the Company to such amendment has been duly obtained. The undersigned does hereby certify, make and acknowledge this Certificate of Formation on this 29th day of November, 1999. /S/RICHARD G. BEACH ------------------- Richard G. Beach Sole Organizer #52159