AGC. Beginning on the Commercial Operation Date, PacifiCorp will dispatch Facility through its AGC system installed by Seller. PacifiCorp may notify Seller, by telephonic communication or through use of the AGC Set-Point, to curtail the delivery of Net Output to PacifiCorp from the Facility and to the Point of Delivery, for any reason and in its sole discretion and Seller shall promptly comply with such notification. The AGC Set-Point is calculated by the Transmission Provider and communicated electronically through the SCADA system. Seller shall ensure that, throughout the Term, the SCADA signal is capable of functioning on all AGC Set-Points within the margin of error specified in the Facility control system manufacturer’s set point margin of error. Unless otherwise directed by PacifiCorp, Seller shall ensure that the Facility AGC is in “Remote” set-point control during normal operations.
AGC. (a) Beginning on the Commercial Operation Date, PacifiCorp will dispatch the Facility through its AGC system installed by Seller.
AGC. Beginning on the Commercial Operation Date, Company shall dispatch the Facility through the EMCC AGC system. Seller shall ensure that, throughout the Term: the SCADA signal is capable of functioning on all AGC Set Points within the margin of error specified in the manufacturer’s energy set point margin of error; and the Facility AGC Remote/Local status is in “Remote” set-point control during normal operations.
AGC. Beginning on the Commercial Operation Date, Company shall dispatch the Facility through the EMCC AGC system in accordance with Exhibit I – AGC Protocols;
AGC. (a) Beginning on the Commercial Operation Date, PacifiCorp will dispatch the Storage Facility either: (i) using AGC Set-Points transmitted by the Transmission Provider (at PacifiCorp’s request) to the AGC installed by Seller, and Seller shall cause its AGC to comply with the AGC Set-Points so transmitted; (ii) by telephonic communication, and Seller shall promptly comply with PacifiCorp’s dispatch instruction; or (iii) as mutually agreed upon in writing by the Parties.
AGC. AGC shall (i) have failed by December 31, 1999 to have extended --- the termination and maturity dates of all of its existing credit facilities to match or extend beyond the Facility Termination Date hereunder, (ii) have failed to maintain at all times prior to the Facility Termination Date hereunder, calculated at the end of each fiscal quarter of AGC, a ratio of (A) EBITDA plus GAAP rental expense, in each case for the most recent four (4) fiscal quarters for which financial results have been reported to (B) GAAP rental expense plus GAAP interest expense of at least 1.1 to 1.0, in each case for the most recent four (4) fiscal quarters for which financial results have been reported, (iii) have failed to make any payment of rent or other material monetary obligation under any Approved Operating Lease with the Borrower within thirty (30) days after the due date thereof or (iv) enter into any merger, consolidation reorganization or liquidation or transfer or otherwise dispose of all or Substantial Portion of its assets, except for such transactions that occur between wholly-owned Subsidiaries of AGC and the merger of Golf Enterprises, Inc. into AGC.
AGC. Each of the Parties acknowledges and agrees that (i) Exodus --- and AGC have entered into the Joint Venture Agreement; and (ii) Exodus and AGC have entered into a Network Services agreement dated as of the date hereof for purchases by the Exodus Group of AGC Network Services.
AGC. All information is to be provided for the month of reporting and the year to date, as of such report.
AGC. AGC shall (i) have failed by December 31, 1999 to have extended --- the termination and maturity dates of all of its existing credit facilities to match or extend beyond the Revolving Facility Termination Date hereunder; (ii) have failed to maintain at all times prior to the Revolving Facility Termination Date hereunder, calculated at the end of each fiscal quarter of AGC, a ratio of (A) EBITDA (except it shall be as reported by AGC after adjustment to add to operating income the amount of membership initiation fees not included in operating income due to the requirement of GAAP to recognize such fees as income over a period of time on a straight line basis) plus GAAP rental expense, in ---- each case for the most recent four (4) fiscal quarters for which financial results have been reported to (B) GAAP rental expense plus GAAP interest expense ---- of at least 1.1 to 1.0, in each case for the most recent four (4) fiscal quarters for which financial results have been reported, (iii) have failed to make any payment of rent or other material monetary obligation under any Approved Operating Lease with the Borrower within thirty (30) days after the due date thereof or (iv) enter into any merger, consolidation reorganization or liquidation or transfer or otherwise dispose of all or Substantial Portion of its assets, except for such transactions that occur between wholly-owned Subsidiaries of AGC and the merger of Golf Enterprises, Inc. into AGC, and other mergers where AGC is the surviving entity and such merger is not accomplished through a hostile takeover.
AGC. THIS SECTION LEFT INTENTIONALLY BLANK. ---
