Approval of Certain Contracts. The Borrower shall not, without first complying with the requirements of Section 9.1, enter into any of the following: (i) any contract for the management or operation of all or substantially all of the System; (ii) any contract for the purchase, exchange or sale of electric power and energy that has a term exceeding five (5) years and under which committed purchases, exchanges or sales exceed ten percent (10%) of the peak demand of the System for the most recently completed fiscal year; (iii) any pooling or similar power supply agreement that has a term exceeding five (5) years; (iv) any amendment or modification to any of the Wholesale Power Contracts, including the Schedules thereto and the form of Withdrawal Agreement incorporated therein, except that the Borrower may amend or modify any of (A) Exhibit 1 to “Rate Schedule A” thereto; (B) the Exhibits to Appendix 1 to “Rate Schedule A” thereto in the manner expressly provided in the Wholesale Power Contracts; (C) Sections I and II of Appendix 2 (Control Area Services) to “Rate Schedule A” thereto; (D) Appendix 3 (General Terms and Conditions) to “Rate Schedule A” thereto; (E) Schedule B — Form of Subscription Agreement in the manner expressly provided in Section 13.3.1 of the Wholesale Power Contracts; and (F) the Wholesale Power Contracts in the manner expressly provided in any “Withdrawal Agreement” (as defined in the Wholesale Power Contracts) entered into in connection with such Wholesale Power Contracts; or (v) as and to the extent RUS approval is required by the RUS Regulations, any contract for construction or procurement or for architectural and engineering services in connection with a new generating facility if the project will be financed in whole or in part by the RUS.
Appears in 3 contracts
Samples: Loan Contract (Oglethorpe Power Corp), Loan Contract (Oglethorpe Power Corp), Loan Contract (Oglethorpe Power Corp)
Approval of Certain Contracts. The Borrower shall not, without first complying with the requirements of Section 9.1, enter into any of the following:
(i) any contract for the management or operation of all or substantially all of the System;
(ii) any contract for the purchase, exchange or sale of electric power and energy that has a term exceeding five three (53) years and under which committed purchases, exchanges or sales exceed ten percent (10%) of the peak demand of the System for the most recently completed fiscal year;
(iii) any pooling or similar power supply agreement that has a term exceeding five three (53) years;
(iv) any amendment or modification to any of the Wholesale Power Contracts, including the Schedules thereto and the form of Withdrawal Agreement incorporated therein, except that the Borrower may amend or modify any of (A) Exhibit 1 to “Rate Schedule A” thereto; (B) the Exhibits to Appendix 1 to “Rate Schedule A” thereto in the manner expressly provided in the Wholesale Power Contracts; (C) Sections I and II of Appendix 2 (Control Area Services) to “Rate Schedule A” thereto; (D) Appendix 3 (General Terms and Conditions) to “Rate Schedule A” thereto; (E) Schedule B — Form of Subscription Agreement in the manner expressly provided in Section 13.3.1 of the Wholesale Power Contracts; and (F) the Wholesale Power Contracts in the manner expressly provided in any “Withdrawal Agreement” (as defined in the Wholesale Power Contracts) entered into in connection with such Wholesale Power Contracts; or
(v) as and to the extent RUS approval is required by the RUS Regulations, any contract for construction or procurement or for architectural and engineering services in connection with a new generating facility if the project will be financed in whole or in part by the RUS.
Appears in 3 contracts
Samples: Loan Contract (Oglethorpe Power Corp), Loan Contract (Oglethorpe Power Corp), Loan Contract (Oglethorpe Power Corp)
Approval of Certain Contracts. The Borrower shall not, without first complying with the requirements of Section 9.1, enter into any of the following:
(i) any contract for the management or operation of all or substantially all of the System;
(ii) any contract for the purchase, exchange or sale of electric power and energy that has a term exceeding five three (53) years and under which committed purchases, exchanges or sales exceed ten percent (10%) of the peak demand of the System for the most recently completed fiscal year;
(iii) any pooling or similar power supply agreement that has a term exceeding five three (53) years;
(iv) any amendment or modification to any of the Wholesale Power Contracts, ,including the Schedules thereto and the form of Withdrawal Agreement incorporated Agreementincorporated therein, except that the Borrower may amend or modify any of anyof (A) Exhibit 1 to “Rate Schedule A” thereto; (B) the Exhibits to Appendix 1 to “Rate Schedule A” thereto in the manner expressly provided in the Wholesale Power Contracts; (C) Sections I and II of Appendix 2 (Control Area Services) to “Rate Schedule A” thereto; (D) Appendix 3 (General Terms and Conditions) to “Rate Schedule A” thereto; (E) Schedule B — – Form of Subscription Agreement in the manner expressly provided in Section 13.3.1 of the Wholesale Power Contracts; and (F) the Wholesale Power Contracts in the manner expressly provided in any “Withdrawal Agreement” (as defined in the Wholesale Power Contracts) entered into in connection with such Wholesale Power Contracts; or
(v) as and to the extent RUS approval is required by the RUS Regulations, any contract for construction or procurement or for architectural and engineering services in connection with a new generating facility if the project will be financed in whole or in part by the RUS, including, without limitation, the Talbot Project and the Chattahoochee Project.
Appears in 1 contract
Approval of Certain Contracts. The Borrower shall not, without first complying with the requirements of Section 9.1, enter into any of the following:
(i) any contract for the management or operation of all or substantially all of the System;
(ii) any contract for the purchase, exchange or sale of electric power and energy that has a term exceeding five three (53) years and under which committed purchases, exchanges or sales exceed ten percent (10%) of the peak demand of the System for the most recently completed fiscal year;
(iii) any pooling or similar power supply agreement that has a term exceeding five three (53) years;
(iv) any amendment or modification to any of the Wholesale Power Contracts, including the Schedules thereto and the form of Withdrawal Agreement incorporated therein, except that the Borrower may amend or modify any of (A) Exhibit 1 to “"Rate Schedule A” " thereto; (B) the Exhibits to Appendix 1 to “"Rate Schedule A” " thereto in the manner expressly provided in the Wholesale Power Contracts; (C) Sections I and II of Appendix 2 (Control Area Services) to “"Rate Schedule A” " thereto; (D) Appendix 3 (General Terms and Conditions) to “"Rate Schedule A” " thereto; (E) Schedule B — B—Form of Subscription Agreement in the manner expressly provided in Section 13.3.1 of the Wholesale Power Contracts; and (F) the Wholesale Power Contracts in the manner expressly provided in any “"Withdrawal Agreement” " (as defined in the Wholesale Power Contracts) entered into in connection with such Wholesale Power Contracts; or
(v) as and to the extent RUS approval is required by the RUS Regulations, any contract for construction or procurement or for architectural and engineering services in connection with a new generating facility if the project will be financed in whole or in part by the RUS.
Appears in 1 contract
Approval of Certain Contracts. The Borrower shall not, without first complying with the requirements of Section 9.18.1, enter into any of the following:
(i) any contract for the management or operation of all or substantially all of the System;
(ii) any contract for the purchase, exchange purchase or sale of electric power and energy that has a term exceeding five three (53) years and under which committed purchases, exchanges purchases or sales exceed ten percent (10%) of the peak demand of the System for the most recently completed fiscal year;
(iii) any pooling or similar power supply agreement that has a term exceeding five three (53) years;; or
(iv) any amendment or modification to any of the Wholesale Power Contracts, including the Schedules thereto and the form of Withdrawal Agreement incorporated thereinthereto, except that the Borrower may amend or modify any of (A) Exhibit Exhibits 1 and 2 to “"Rate Schedule A” " thereto; (B) the Exhibits to Appendix 1 to “"Rate Schedule A” " thereto in the manner expressly provided in the Wholesale Power Contracts; (C) Sections I and II of Appendix 2 3 (Control Area Services) to “"Rate Schedule A” " thereto; (D) Appendix 3 4 (General Terms and Conditions) to “"Rate Schedule A” " thereto; (E) Schedule B — Form - Planning and Management of Subscription Agreement Power Supply Resources for Members in the manner expressly provided in Section 13.3.1 of the Wholesale Power Contracts; and (F) the Wholesale Power Contracts in the manner expressly provided in any “"Withdrawal Agreement” " (as defined in the Wholesale Power Contracts) entered into in connection with such Wholesale Power Contracts; or
(v) as and to the extent RUS approval is required by the RUS Regulations, any contract for construction or procurement or for architectural and engineering services in connection with a new generating facility if the project will be financed in whole or in part by the RUS.
Appears in 1 contract
Approval of Certain Contracts. The Borrower shall not, without first complying with the requirements of Section 9.1, enter into any of the following:
(i) any contract for the management or operation of all or substantially all of the System;
(ii) any contract for the purchase, exchange or sale of electric power and energy that has a term exceeding five three (53) years and under which committed purchases, exchanges or sales exceed ten percent (10%) of the peak demand of the System for the most recently completed fiscal year;
(iii) any pooling or similar power supply agreement that has a term exceeding five three (53) years;
(iv) any amendment or modification to any of the Wholesale Power Contracts, including the Schedules thereto and the form of Withdrawal Agreement incorporated therein, except that the Borrower may amend or modify any of (A) Exhibit 1 to “"Rate Schedule A” " thereto; (B) the Exhibits to Appendix 1 to “"Rate Schedule A” " thereto in the manner expressly provided in the Wholesale Power Contracts; (C) Sections I and II of Appendix 2 (Control Area Services) to “"Rate Schedule A” " thereto; (D) Appendix 3 (General Terms and Conditions) to “"Rate Schedule A” " thereto; (E) Schedule B — Form of Subscription Agreement in the manner expressly provided in Section 13.3.1 of the Wholesale Power Contracts; and (F) the Wholesale Power Contracts in the manner expressly provided in any “"Withdrawal Agreement” " (as defined in the Wholesale Power Contracts) entered into in connection with such Wholesale Power Contracts; or
(v) as and to the extent RUS approval is required by the RUS Regulations, any contract for construction or procurement or for architectural and engineering services in connection with a new generating facility if the project will be financed in whole or in part by the RUS.
Appears in 1 contract