ACAP Designation and Supply Sample Clauses

ACAP Designation and Supply. Beginning on the calendar day --------------------------- immediately preceding the Effective Date and continuing through the term of this Agreement, on a daily basis: (i) DLC shall deliver to the Supplier, no later than three hours prior to the close of the ACAP market then set by the PJM West Protocols, the DLC Zone Hourly Forecasts, including the DLC Zone Daily Peak Forecast, for the following calendar day, (ii) DLC shall deliver, or cause to be delivered, to the Supplier, no later than two hours prior to the close of the ACAP market then set by the PJM West Protocols, notice of the FE Swap Percentage for the following calendar day, and (iii) the Supplier shall, on DLC's behalf and as DLC's agent for such purpose, designate under the PJM West Protocols, no later than the hour then set by the PJM West Protocols for the close of ACAP market, an amount of ACAP equal to the Supplier ACAP Obligation for the following calendar day and shall be responsible for all costs relating to such Supplier ACAP Obligation under the PJM West Protocols or otherwise. The Parties agree to cooperate in good faith to establish a process pursuant to which the Supplier, in satisfying its obligations to deliver the Supplier ACAP Obligation, may, on DLC's behalf and as DLC's agent for such purpose, enter into ACAP market transactions under the PJM West Protocols to purchase an amount of ACAP to meet the unsupplied balance, if any, of the Supplier ACAP Obligation, provided that the Supplier shall be responsible for all costs relating to such ACAP market transactions executed to secure some or all of the Supplier ACAP Obligation (such costs, the "ACAP Market Transaction Costs"), which ACAP Market Transaction Costs, if assessed to or incurred by DLC, shall be due and payable to DLC pursuant to Section 3.4 hereof. The Parties agree that "ACAP Market Transaction Costs" shall also include all costs relating to ACAP market transactions executed on DLC's behalf by PJM West under the PJM West Protocols, including any buy bids thereunder, to secure some or all of the Supplier ACAP Obligation in the event that the Supplier fails to deliver the entire Supplier ACAP Obligation.
Sample 1
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Related to ACAP Designation and Supply

  • Creation and Designation There is hereby created a tranche of Card Series Class A Notes to be issued pursuant to the Indenture, the Asset Pool 1 Supplement and the Indenture Supplement to be known as the “Card Series Class A(2019-2) Notes.”

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  • Designation and Number A series of Partnership Units in the Partnership designated as the 7.75% Series D Cumulative Redeemable Preferred Units (the "Series D Preferred Units") is hereby established. The number of Series D Preferred Units shall be 1,595,337.

  • Establishment and Designation of Series The establishment and designation of any Series or class of Shares shall be effective upon the resolution by a majority of the then Board of Trustees, adopting a resolution which sets forth such establishment and designation and the relative rights and preferences of such Series or class. Each such resolution shall be incorporated herein by reference upon adoption. Each Series shall be separate and distinct from any other Series and shall maintain separate and distinct records on the books of the Trust, and the assets and liabilities belonging to any such Series shall be held and accounted for separately from the assets and liabilities of the Trust or any other Series. Shares of each Series or class established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series, shall have the following relative rights and preferences: (a) Assets Held with Respect to a Particular Series. All consideration received by the Trust for the issue or sale of Shares of a particular Series, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall irrevocably be held with respect to that Series for all purposes, subject only to the rights of creditors with respect to that Series, and shall be so recorded upon the books of account of the Trust. Such consideration, assets, income, earnings, profits and proceeds thereof, from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, are herein referred to as "assets held with respect to" that Series. In the event that there are any assets, income, earnings, profits and proceeds thereof, funds or payments which are not readily identifiable as assets held with respect to any particular Series (collectively "General Assets"), the Board of Trustees shall allocate such General Assets to, between or among any one or more of the Series in such manner and on such basis as the Board of Trustees, in its sole discretion, deems fair and equitable, and any General Asset so allocated to a particular Series shall be held with respect to that Series. Each such allocation by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.

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  • Domain and Designation The Top-­‐Level Domain to which this Agreement applies is .sew (the “TLD”). Upon the Effective Date and until the earlier of the expiration of the Term (as defined in Section 4.1) or the termination of this Agreement pursuant to Article 4, ICANN designates Registry Operator as the registry operator for the TLD, subject to the requirements and necessary approvals for delegation of the TLD and entry into the root-­‐zone.

  • Establishment and Designation of Shares The Series and classes of Shares existing as of the date of this Declaration of Trust are those Series and classes that have been established under the Prior Declaration of Trust and not heretofore terminated which are indicated on Schedule A attached hereto and made a part hereof ("Schedule A"). The establishment of any additional Series (or class) of Shares shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series (or class), whether directly in such resolution or by reference to, or approval of, another document that sets forth the designation of, or otherwise identifies, such Series (or class) including any registration statement of the Trust or such Series (or class), any amendment and/or restatement of this Declaration of Trust and/or Schedule A or as otherwise provided in such resolution. Upon the establishment of any additional Series (or class) of Shares or the termination of any existing Series (or class) of Shares, Schedule A shall be amended to reflect the addition or termination of such Series (or class) and any officer of the Trust is hereby authorized to make such amendment; provided that amendment of Schedule A shall not be a condition precedent to the establishment or termination of any Series (or class) in accordance with this Declaration of Trust. The relative rights and preferences of the Shares of the Trust and each Series and each class thereof shall be as set forth herein and as set forth in any registration statement relating thereto, unless otherwise provided in the resolution establishing such Series or class. Shares of each Series (or class) established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series (or class) or in any registration statement relating thereto, shall have the following relative rights and preferences:

  • Appointment and Designation of Master Servicer The Purchaser hereby appoints and designates Aurora Loan Services, Inc. as its master servicer (the "Master Servicer") for the Mortgage Loans subject to this Agreement. The Company is hereby authorized and instructed to take any and all instructions with respect to servicing the Mortgage Loans hereunder as if the Master Servicer were the Purchaser hereunder. The authorization and instruction set forth herein shall remain in effect until such time as the Company shall receive written instruction from the Purchaser that such authorization and instruction is terminated.

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  • Project Administration Designation Pursuant to Paragraph (B) of Rule 164-1-21 of the Administrative Code, the Recipient shall designate its Chief Executive Officer, Chief Fiscal Officer and Project Manager in Appendix B of this Agreement. Changes in these designations must be made in writing.

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