O&M Costs as defined in the Depositary Agreement.
O&M Costs means all amounts disbursed by or on behalf of the Borrower for operation, maintenance, repair, or improvement of the Facility, including, without limitation, premiums on insurance policies, property, income and all other taxes to the extent paid, and payments under the relevant operating and maintenance agreements, leases (including Operating Lease Obligations), royalty and other land use agreements, and any other payments required under the Project Documents, each as determined on a cash basis and otherwise in accordance with GAAP.
O&M Costs means actual cash management and operation costs of the Company, taxes payable by the Company, insurance premiums, consumables, fees and expenses of, and other amounts owing to, the Collateral Agent and the depositary under the Deposit Agreement, and other costs and expenses in connection with the management or operation of the Company, but exclusive in all cases of (a) non-cash charges, including depreciation or obsolescence charges or reserves therefor, amortization of intangibles or other bookkeeping entries of a similar nature, (b) all other payments of Debt Service and Yield-Maintenance Amounts, if any, (c) costs of repair or replacement paid with insurance proceeds and (d) development costs related to any Project Finance Subsidiary.
Examples of O&M Costs in a sentence
The selection of the Reference Resource for each of the four VC types (Cold, Hot, Intermediate Startup and Operation at LSL) will be done on the basis of the highest ERCOT approved Verifiable O&M Costs for a comparable non-PPA Resource for that VC type.
All PPA based Verifiable O&M Costs will be capped at the level of a Reference Resource.
The Reference Resource shall be the Resource within that group with the highest ERCOT approved Verifiable O&M Costs.
Unanticipated or Unusually High O&M Costs During Review PeriodDescribe costs and reasons: V.
Rather, Ng’ethe first correctly observed that the myriad of definitions is drawn from industrial and commercial settings, and claimed that the definition of the term innovation is blurred by other available concepts.
More Definitions of O&M Costs
O&M Costs means, for any period, the sum, computed without duplication, of the following (in each case incurred by any Loan Party and not reimbursed by any other Person, except if the proceeds of such reimbursement are deposited into the Revenue Account): (a) direct expenses of administering and operating the Frac Fleets or the related yards where such Frac Fleets are stored and of maintaining the Frac Fleets and the related yards where such Frac Fleets are stored in good repair and operating condition (including routine operating and maintenance expenses, Maintenance Capital Expenditures, expenses under spare parts agreements, fuel costs, payments under leases and other costs of utilities, supplies, spare parts and other services), (b) insurance costs or surety bonds (including premiums and deductibles or costs associated with complying with any applicable insurance or bonding obligations under this Agreement), (c) costs, expenses and fees attendant to obtaining and maintaining in effect any Governmental Authorization, (d) legal, accounting and other professional fees and expenses attendant to any of the foregoing items, (e) sale, franchise, margin, licensing, value-added, excise, real estate, use, property and other non-income state, local and federal taxes, (f) any Capital Expenditures for Investments, subject to the cap on such expenses set forth in Section 5.02(m)(iii), (g) payments on account of any Permitted Debt described in Sections 5.02(b)(v)(A), 5.02(b)(v)(B), and 5.02(b)(vi), (h) any ordinary course settlement payments in connection with Hedge Agreements entered into in accordance with the terms of the Loan Documents and (i) all other expenses, fees and costs incurred by any Loan Party, directly in connection with the ownership, operation, maintenance or administration of any Frac Fleet; provided that all of the foregoing costs and expenses shall be determined on a cash basis and shall not include depreciation, amortization and other non-cash items; provided, further, that “O&M Costs” shall not include: (A) payments of any kind during such period to the holders of Equity Interests of the Borrower or any Affiliate thereof (other than (x) to the Borrower or any Guarantor (other than Holdings or the Parent)), (y) to any Affiliate as payment of or reimbursement for costs that would be permitted to be paid by the Borrower or any Subsidiary Guarantor as O&M Costs if incurred or paid directly by the Borrower or (z) payments that are made in compliance with Sect...
O&M Costs means all actual cash maintenance and operation costs (excluding costs of fuel, emissions allowances and/or credits, Capital Expenditures and Major Maintenance) incurred and paid, or if appropriate, to be incurred and paid, for the Facility in any particular calendar or fiscal year or period to which said term is applicable, including payments with respect to Permitted Trading Activities, additives or chemicals and transportation costs, taxes, insurance, consumables, payments under the Facility Site Sublease and other real property agreements pursuant to which the Facility Lessee has rights in the Facility Site, payments pursuant to the agreements for the management, operation or maintenance of the Facility reasonable legal fees and expenses paid by the Facility Lessee in connection with the management, maintenance or operation of the Facility, fees paid in connection with obtaining, transferring, maintaining or amending any Applicable Permits and reasonable general and administrative expenses, but exclusive in all cases of noncash charges, including depreciation or obsolescence charges or reserves therefor, amortization of intangibles or other bookkeeping entries of a similar nature. For the avoidance of doubt, no amount which may become due and owing by the Facility Lessee to EMMT under the Energy Sales Agreement shall be deemed to be an O&M Cost unless such amount is directly related to an amount owed by EMMT to an unrelated third party.
O&M Costs means actual cash management and operation costs of the Borrower, taxes payable by the Borrower, insurance premiums, consumables, fees and expenses of, and other amounts owing to, the Administrative Agent, the Collateral Agent and the Depositary, and other costs and expenses in connection with the management or operation of the Borrower, but exclusive in all cases of (a) non-cash charges, including depreciation or obsolescence charges or reserves therefor, amortization of intangibles or other bookkeeping entries of a similar nature, (b) all other payments of Debt Service, (c) costs of repair or replacement paid with insurance proceeds and (d) development costs related to any Project Finance Subsidiary.
O&M Costs means the operation and maintenance costs incurred by the Ancillary Service Provider in operating the Contracted Ancillary Service Resources designated for providing Black Start Capability Services and shall (a) include the cost of testing such Contracted Ancillary Service Resources, and fuel costs incurred by Contracted Ancillary Service Resources when activated by the PSO to provide the black start service, and (b) exclude depreciation and interest expense on the fixed assets;
O&M Costs has the meaning assigned to such term in the Definitions Agreement.
O&M Costs shall have the meaning set forth in Section 5.1(b).
O&M Costs means, with respect to any Project, all actual cash maintenance and operation costs incurred and paid for such Project in any particular calendar or fiscal year or period to which said term is applicable, including payments for local, sales, excise, franchise, real estate or other direct Taxes, income Taxes of the Borrower (excluding any income Taxes of any Person holding Equity Interests in Borrower), insurance, consumables, payments made in connection with the requirements of any Permit or applicable Law for such Project, payments under any lease, payments pursuant to the agreements for the management, operation and maintenance of such Project, payments for goods or services provided or rendered to the owner of such Project, including payments under any Project Document (including any Ordinary Course Settlement Payments under Power Purchase Agreements that are in the form of xxxxxx) or any other contract entered into in accordance with this Agreement (including payments made to cash collateralize obligations with respect to security required under any contract or any letter of credit related thereto, in each case, up to the applicable amount required by such contract), capital expenditures and other expenses, in each case, solely for operating such Project and maintaining such Project in good repair and operation condition in accordance with Prudent Industry Practices (and not related to expansion or other build-out of such Project), costs of obtaining any other materials, supplies, spare parts, utilities or services for the Project, repair and replacement costs for equipment included in the Project, remediation costs in respect of the Project, legal, accounting and consulting fees and expenses paid by the owner of such Project in connection with the management, maintenance or operation of such Project, fees paid in connection with obtaining, transferring, maintaining or amending any Permits (including amounts paid to cash collateralize obligations with respect to any Permit or a related letter of credit, in each case, up to the applicable amount required by such Permit or letter of credit provider, as applicable), employee salaries, wages and other expenses, and reasonable general and administrative expenses, business management and administrative service fees, reasonable expenses to keep the Collateral free and clear of all Liens (other than Permitted Liens), all indemnities and other arrangements providing for the payment of amounts to independent con...