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Entergy 10-K 2010 UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
10-K/A
Amendment
No. 1
Securities
registered pursuant to Section 12(b) of the Act:
Securities registered pursuant to
Section 12(g) of the Act: >None.
Indicate by check mark if the
registrant is a well-known seasoned issuer, as defined in Rule 405 of the
Securities Act.
Indicate by check mark if the
registrant is not required to file reports pursuant to Section 13 or Section
15(d) of the Act.
Indicate by check mark whether the
registrant (1) has filed all reports required to be filed by Section 13 or 15(d)
of the Securities Exchange Act of 1934 during the preceding 12 months (or for
such shorter period that the registrants were required to file such reports),
and (2) has been subject to such filing requirements for the past 90
days. Yes þ
No o
Indicate by check mark whether Entergy
Corporation has submitted electronically and posted on Entergy's corporate Web
site, if any, every Interactive Data File required to be submitted and posted
pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the
preceding 12 months (or for such shorter period that the registrant was required
to submit and post such files). Yes þ No o
Indicate by check mark if disclosure of
delinquent filers pursuant to Item 405 of Regulation S-K is not contained
herein, and will not be contained, to the best of the registrants' knowledge, in
definitive proxy or information statements incorporated by reference in Part III
of this Form 10-K or any amendment to this Form 10-K. [Ö]
Indicate by check mark whether the
registrant is a large accelerated filer, an accelerated filer, a non-accelerated
filer, or a smaller reporting company. See definitions of
"accelerated filer," "large accelerated filer," and "smaller reporting company"
in Rule 12b-2 of the Securities Exchange Act of 1934.
Indicate by check mark whether the
registrant is a shell company (as defined in Rule 12b-2 of the
Act.) Yes o No þ
The aggregate market value of Entergy
Corporation Common Stock, $0.01 Par Value, held by non-affiliates as of the end
of the second quarter of 2009, was $15.2 billion based on the reported last sale
price of $77.52 per share for such stock on the New York Stock Exchange on June
30, 2009.
Explanatory
Note
Entergy Corporation is filing this
Amendment No. 1 (the "Form 10-K/A") to our Annual Report on Form 10-K for the
year ended December 31, 2009 (the "Form 10-K"), filed with the Securities
and Exchange Commission on February 26, 2010, for the sole purpose of
furnishing the Interactive Data Files as Exhibit 101. The Interactive
Data Files, although listed in the Exhibit Index, were inadvertently omitted
from the Form 10-K as originally filed due to technical
difficulties.
No other changes have been made to the
Form 10-K. This Form 10-K/A continues to speak as of the original
date of the Form 10-K, does not reflect events that may have occurred subsequent
to the original date of the Form 10-K, and does not modify or update any related
disclosures made in the Form 10-K. PART
IV
Item
15. Exhibits and Financial
Statement Schedules
SIGNATURES
Pursuant to the requirements of Section
13 or 15(d) 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.
EXHIBIT
INDEX
The following exhibits indicated by a
double asterisk preceding the exhibit number are filed herewith. The
balance of the exhibits have heretofore been filed with the SEC as the exhibits
and in the file numbers indicated and are incorporated herein by
reference. The exhibits marked with a (+) are management contracts or
compensatory plans or arrangements required to be filed herewith and required to
be identified as such by Item 15 of Form 10-K. Reference is made to a
duplicate list of exhibits being filed as a part of this Form 10-K, which list,
prepared in accordance with Item 102 of Regulation S-T of the SEC,
immediately precedes the exhibits being physically filed with this
Form 10-K.
Some of
the agreements included or incorporated by reference as exhibits to this Form
10-K contain representations and warranties by each of the parties to the
applicable agreement. These representations and warranties were made
solely for the benefit of the other parties to the applicable agreement and (i)
were not intended to be treated as categorical statements of fact, but rather as
a way of allocating the risk to one of the parties if those statements prove to
be inaccurate; (ii) may have been qualified in such agreement by disclosures
that were made to the other party in connection with the negotiation of the
applicable agreement; (iii) may apply contract standards of "materiality" that
are different from the standard of "materiality" under the applicable securities
laws; and (iv) were made only as of the date of the applicable agreement or such
other date or dates as may be specified in the agreement.
Entergy
acknowledges that, notwithstanding the inclusion of the foregoing cautionary
statements, it is responsible for considering whether additional specific
disclosures of material information regarding material contractual provisions
are required to make the statements in this Form 10-K not
misleading.
Entergy
Corporation
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