CPUC Approval. No later than [ ], Buyer shall have obtained CPUC Approval. Prior to this deadline, should the CPUC issue an order approving this Agreement but with conditions or modifications that materially alter the commercial aspects of this Agreement, the Parties agree to use good faith efforts to renegotiate this Agreement and file the amended agreement with the CPUC seeking CPUC Approval therefor. If, no later than the earlier of (i) sixty (60) days after such order or (ii) the deadline date above, no agreement is reached, either Party may terminate this Agreement upon delivery of Notice to the other Party.
CPUC Approval. Within ninety (90) days after the Effective Date, SCE shall file with the CPUC the appropriate request for CPUC Approval. SCE shall expeditiously seek CPUC Approval, including promptly responding to any requests for information related to the request for CPUC Approval. As requested by SCE, Seller shall use commercially reasonable efforts to support SCE in obtaining CPUC Approval. SCE has no obligation to seek rehearing or to appeal a CPUC decision which fails to approve this Agreement or which contains findings required for CPUC Approval with conditions or modifications unacceptable to SCE. Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if (i) CPUC Approval has not been obtained or waived by SCE in its sole discretion within one-hundred and eighty (180) days after SCE files its request for CPUC Approval and (ii) a Notice of termination is given on or before the date CPUC Approval is obtained. Failure to obtain CPUC Approval in accordance with this Section 2.07 will not be deemed to be a failure of Seller to install the Project or a failure of SCE to purchase or receive the Product, and will not be or cause an Event of Default by either Party.
CPUC Approval. The Amendment has received CPUC Approval. "CPUC Approval" means a final and non-appealable order of the CPUC, without conditions or modifications unacceptable to the Parties, or either of them, which contains the following terms:
CPUC Approval. (4) Notwithstanding anything herein to the contrary, (a) no amendment which affects the specific rights, duties, responsibilities, or liabilities of the Trustee shall be made without its consent and (b) no amendment of this Agreementshall be effective prior to the Trustee receiving notice thereof.
CPUC Approval. 15.2.1 The Parties acknowledge that CPUC Approval is a condition precedent to the occurrence of the Satisfaction Date. "
CPUC Approval. If CPUC Approval has not occurred on or before three hundred sixty five (365) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“CPUC Approval Condition Precedent”), then either Party may terminate this Agreement effective upon Notice to the other Party, unless such approval has been waived in writing by both Parties. Within ten (10) Business Days of such termination, Buyer shall return the Project Development Security. Following the return of the Project Development Security, neither Party shall have any obligation or liability to the other by reason of such termination.
CPUC Approval. The Purchaser will use Commercially Reasonable Efforts to obtain the CPUC Approval, including filing an application (“CPUC Approval Application”) with the CPUC seeking an order that with the passage of time after issuance would constitute CPUC Approval.
CPUC Approval. The California Public Utilities Commission shall have approved the formation of a holding company structure for the Company pursuant to an agreement of merger in a form substantially similar to the Agreement.
CPUC Approval. Unless otherwise specified herein, notwithstanding SDG&E’s execution and delivery of this Agreement, SDG&E’s obligations under this Agreement (including, without limitation, the obligation to pay the Monthly Contract Price Payment) shall only become effective upon CPUC Approval. Seller shall use commercially reasonable efforts to support SDG&E in obtaining CPUC Approval. SDG&E has no obligation to seek rehearing or to appeal a Commission decision which fails to approve this Agreement or which contains findings required for CPUC Approval with conditions or modifications unacceptable to either Party. Either Party has the right to terminate this Agreement on Notice, which will be effective on the date such Notice is given, if CPUC Approval has not been obtained or waived by SDG&E in its sole discretion within 365 days after SDG&E files its request for CPUC Approval and such Notice of termination is given on or before the 395th day after SDG&E files the request for CPUC Approval. Failure to obtain CPUC Approval in accordance with this Article 3 will not be deemed to be a failure of Seller to install the Project or a failure of SDG&E to make payment for such installation, and will not be or cause an Event of Default by either Party. No Settlement Amount with respect to this Agreement will be due or owing by either Party upon termination of this Agreement due solely to failure to obtain CPUC Approval.
CPUC Approval. 7.1 As soon as practicable after both PG&E and SPI have signed this agreement, PG&E will submit the Agreement to the CPUC for approval (CPUC Approval) using the procedural process PG&E, in its sole discretion, deems best.
