Elements of Definite Plan Sample Clauses

Elements of Definite Plan. The Definite Plan may be based on all elements of the Detailed Plan described in Section 7.2.2 and will be consistent with FERC requirements for surrender. Such elements shall be in the form required for physical performance, such as engineering specifications for a construction activity, and shall also include consideration of prudent cost overrun management tools such as performance bonds. The Definite Plan shall also include: (1) A detailed estimate of the actual or foreseeable costs associated with: the physical performance of Facilities Removal consistent with the Detailed Plan; each of the tasks associated with the performance of the DRE’s obligations as stated in Section 7.1; seeking and securing permits and other authorizations; and insurance, performance bond, or similar measures, as set forth in Appendix L to this Settlement; (2) The DRE’s analysis demonstrating that the total cost of Facilities Removal is likely to be less than the State Cost Cap, which is the total of Customer Contribution and California Bond Funding as specified in Section 4; (3) Appropriate procedures consistent with state law to provide for cost-effective expenditures within the cost estimates stated in (1); (4) Accounting procedures that will result in the earliest practicable disclosure of any actual or foreseeable overrun of cost of any task relative to the detailed estimate stated in (1); and (5) Appropriate mechanisms to modify or suspend performance of any task subject to such overrun. Upon receipt of Notice from the DRE of any actual or foreseeable cost overrun pursuant to (2), the Parties shall use the Meet and Confer procedures to modify the task (to the extent permitted by the FERC surrender order, an applicable permit, or other authorization) or to modify this Settlement as appropriate to permit Facilities Removal to proceed.
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Elements of Definite Plan. The Definite Plan shall be based on all elements of the Detailed Plan described in Section 3.3.2. Such elements shall be in the form required for physical performance, such as engineering specifications for a construction activity, and shall also include consideration of prudent cost overrun management tools such as performance bonds. The Definite Plan shall also include: i. A detailed estimate of the actual or foreseeable costs associated with: the physical performance of Facilities removal consistent with the Detailed Plan; each of the tasks associated with the performance of the DRE’s obligations as stated in Section 7.1; seeking and securing permits and other authorizations; and insurance, performance bond, or similar measures; ii. The DRE’s analysis demonstrating that the total cost of Facilities Removal is likely to be less than the State Cost Cap, which is the total of Customer Contribution and California Bond Funding as specified in Section 4. If the DRE determines that the total cost of Facilities Removal is likely to exceed the State Cost Cap, the DRE shall not make any public release of the Definite Plan and shall instead provide Notice to the Parties, who shall undertake to Meet and Confer pursuant to Section 8.7 to consider modifications to the Definite Plan consistent with the State Cost Cap; iii. Appropriate procedures consistent with state law to provide for cost-effective expenditures within the cost estimates stated in (i); iv. Accounting procedures that will result in the earliest practicable disclosure of any actual or foreseeable overrun of cost of any task relative to the detailed estimate stated in (i); v. Appropriate mechanisms to modify or suspend performance of any task subject to such overrun. Upon receipt of Notice from the DRE of any actual or foreseeable cost overrun pursuant to (ii), the Parties shall use the Meet and Confer procedures to modify the task (to the extent permitted by the applicable permit or other authorization) or to modify this Settlement as appropriate to permit Facilities Removal to proceed; and vi. A form of Notice to the Parties and FERC for each Facility that all necessary permits and approvals have been obtained for removal of the Facility, all contracts have been finalized, and Facilities Removal is ready to commence.
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Elements of Definite Plan. The Definite Plan may be based on all elements of the Detailed Plan described in Section 7.2.2 and will be consistent with FERC requirements for surrender. Such elements shall be in the form required for physical performance, such as engineering specifications for a construction activity, and shall also include consideration of prudent cost overrun management tools such as performance bonds. The Definite Plan shall also include: i. Deleted: r (1) A detailed estimate of the actual or foreseeable costs associated with: the physical performance of Facilities Removal consistent with the Detailed Plan; each of the tasks associated with the performance of the DRE’s obligations as stated in Section 7.1; seeking and securing permits and other authorizations; and insurance, performance bond, or similar measures, as set forth in Appendix L to this Settlement;
Sample 1

Related to Elements of Definite Plan

  • INDEX OF DEFINED TERMS 15Ga-1 Notice 21 Accountant’s Due Diligence Report 16 Affected Loan(s) 19 Agreement 1 Bank of America Lender Successor Borrower Right 22 Xxxx of Sale 2 Certificate Administrator 1 Certificate Purchase Agreement 1 Certificates 1 Closing Date 2 Collateral Information 11 Crossed Mortgage Loans 18 Cure Request 17 Custodian 1 Defective Mortgage Loan 18 Dispute 21 Final Judicial Determination 21 Final Memorandum 2 Indemnification Agreement 14 Initial Purchasers 1 Master Servicer 1 Material Breach 17 Material Document Defect 17 Mortgage File 3 Mortgage Loan Schedule 2 Mortgage Loans 1 Mortgage Note 1 Mortgagor 1 MOU 27 Officer’s Certificate 7 Other Mortgage Loans 1 Pooling and Servicing Agreement 1 Preliminary Memorandum 2 Private Certificates 1 Prospectus Supplement 2 Public Certificates 1 Purchaser 1 Repurchase Request 21 Seller 1 Seller Reporting Information 14 Seller’s Information 14 Special Servicer 1 Trust 1 Trust Advisor 1 Trustee 1 UCC 5 Underwriters 1 Underwriting Agreement 1 Mortgage Loan Purchase Agreement (this “Agreement”), dated July 24, 0000, xxxxxxx Xxxx xx Xxxxxxx, National Association (“Seller”) and Xxxxxx Xxxxxxx Capital I Inc. (“Purchaser”). Seller agrees to sell, and Purchaser agrees to purchase, certain mortgage loans listed on Exhibit 1 hereto (the “Mortgage Loans”), each of which is evidenced by one or more related notes or other evidence of indebtedness (each a “Mortgage Note”) evidencing the indebtedness of the related obligor under the related Mortgage Loan (each a “Mortgagor”). Purchaser will convey the Mortgage Loans to a trust (the “Trust”) created pursuant to a Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), to be dated as of August 1, 2015, between Purchaser, as depositor, Xxxxx Fargo Bank, National Association, as master servicer (in such capacity, the “Master Servicer”), certificate administrator (in such capacity, the “Certificate Administrator”), custodian (in such capacity, the “Custodian”), certificate registrar and authenticating agent, Midland Loan Services, a Division of PNC Bank, National Association, as special servicer (the “Special Servicer”), Park Bridge Lender Services LLC, as trust advisor (the “Trust Advisor”), and Wilmington Trust, National Association, as trustee (the “Trustee”). In exchange for the Mortgage Loans and certain other mortgage loans to be purchased by Purchaser (collectively the “Other Mortgage Loans”), the Trust will issue to the Depositor pass-through certificates to be known as Xxxxxx Xxxxxxx Bank of America Xxxxxxx Xxxxx Trust 2015-C24, Commercial Mortgage Pass-Through Certificates, Series 2015-C24 (the “Certificates”). The Certificates will be issued pursuant to the Pooling and Servicing Agreement. Capitalized terms used herein but not defined herein shall have the meanings assigned to them in the Pooling and Servicing Agreement. The Class A-1, Class A-2, Class A-SB, Class A-3, Class A-4, Class X-A, Class A-S, Class B and Class C Certificates (the “Public Certificates”) will be sold by Purchaser to Xxxxxx Xxxxxxx & Co. LLC, Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, CIBC World Markets Corp. and Xxxxxx Xxxxxxxx, LLC, as underwriters (in such capacities, the “Underwriters”), pursuant to an Underwriting Agreement, between Purchaser, Xxxxxx Xxxxxxx Mortgage Capital Holdings LLC and the Underwriters, dated as of the date hereof (the “Underwriting Agreement”), and the Class X-B, Class X-D, Class D, Class E, Class F, Class G, Class V and Class R Certificates (the “Private Certificates”) will be sold by Purchaser to Xxxxxx Xxxxxxx & Co. LLC and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, as initial purchasers (in such capacities, the “Initial Purchasers”) pursuant to a Certificate Purchase Agreement, between Purchaser, Xxxxxx Xxxxxxx Mortgage Capital Holdings LLC and the Initial Purchasers, dated as of the date hereof (the “Certificate Purchase Agreement”). The Underwriters will offer the Public Certificates for sale publicly pursuant to a Prospectus dated October 1, 2013, as supplemented by a Prospectus Supplement dated the date hereof (together, the “Prospectus Supplement”), and the Initial Purchasers will offer the Private Certificates for sale in transactions exempt from the registration requirements of the Securities Act of 1933 pursuant to a Private Placement Memorandum dated the date hereof (the “Final Memorandum”) and a preliminary version thereof dated July 15, 2015 (as supplemented by the preliminary private placement memorandum supplement, dated July 20, 2015, the “Preliminary Memorandum”). In consideration of the mutual agreements contained herein, Seller and Purchaser hereby agree as follows:

  • INDEX OF EXHIBITS Exhibit Description

  • Addition of Definitions With respect to the Senior Notes only, Section 1.01 of the Base Indenture is amended to include the following definitions (which shall be deemed to arise in Section 1.01 in their proper alphabetical order):

  • 000 DEFINITIONS 6. 100 Maintenance shall be work performed for the repair, renovation, revamp and upkeep of property, machinery and equipment within the limits of the plant property.

  • Incorporation of defined terms (a) Unless a contrary indication appears, a term defined in the Original Facility Agreement has the same meaning in this Agreement. (b) The principles of construction set out in the Original Facility Agreement shall have effect as if set out in this Agreement.

  • Use of Defined Terms Unless otherwise defined or the context otherwise requires, terms for which meanings are provided in this Agreement shall have such meanings when used in each other Loan Document and the Disclosure Schedule.

  • Other Definitional Provisions (a) Capitalized terms used herein and not otherwise defined herein have meanings assigned to them in the Indenture, or, if not defined therein, in the Trust Agreement. (b) All terms defined in this Agreement shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (c) As used in this Agreement, in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Agreement or in any such instrument, certificate or other document, and accounting terms partly defined in this Agreement or in any such instrument, certificate or other document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles as in effect on the date of this Agreement or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Agreement or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Agreement or in any such instrument, certificate or other document shall control. (d) The words “hereof,” “herein,” “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; Section, Schedule and Exhibit references contained in this Agreement are references to Sections, Schedules and Exhibits in or to this Agreement unless otherwise specified; and the term “including” shall mean “including without limitation.” (e) The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. (f) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein; references to a Person are also to its permitted successors and assigns.

  • Other Definitions Term Defined in Section

  • Glossary of Defined Terms The location of the definition of each capitalized term used herein is set forth in this Glossary: A&R Rev LLC Agreement 2 Agreement 1 Board X-0 Xxxx XXX 0 Xxxx XXX Xxxx Contribution Amount 1 Bolt AIV Instrument of Contribution and Issuance A-1 Bolt AIV Rev Units 1 Bolt Energy 1 Bolt Energy Assignment Agreement A-1 Bolt Energy Cash Contribution Amount 1 Bolt Energy Contributed Assets 1 Bolt Energy Contributed Interests 1 Bolt Energy Contributor Subsidiary A-1 Bolt Energy Investment 1 Bolt Energy Management 1 Bolt Energy Rev Units 1 Business Day A-1 Casualty Event 10 Closing 5 Closing Date 5 Code A-1 Confidential Information A-1 Consent A-1 Continuing Credit Support X-0 Xxxxxxxx X-0 Contributed Entities 2 Contributed Entity 2 Contribution Date A-2 Contributor 1 Contributor Assignment Agreements A-2 Contributor Subsidiary A-2 Contributor Subsidiary Accrued Income Taxes A-2 Contributor Subsidiary Income Tax Return 20 Contributor Subsidiary Indebtedness A-2 Contributors 1 Credit Support A-3 D&O Indemnified Parties 20 Development Project Expenses A-3 Employee Benefit Plan A-3 Environmental Claim A-4 Environmental Laws A-4 Environmental Permit A-4 Equity Value Model X-0 Facility Assets A-4 Formation Date 1 Fund III 1 Fund III Assignment Agreement A-5 Fund III Contributed Interests 2 Fund III Contributor Subsidiary A-5 Fund III Investment 2 Fund III Retained Assets A-5 Fund III Rev Units 2 Fund IV Cash Contribution Amount 2 Fund IV Contributed Assets 2 Fund IV Contributed Interests 2 Fund IV Contributor Subsidiary A-6 Fund IV Investment 2 Fund IV Rev Xxxxx 0 Gen IV Contributed Interests 2 Gen IV Investments 2 Gen IV Rev Units 2 Governmental Entity A-6 Hazardous Material A-6 Income Tax A-7 Income Tax Return A-7 Intellectual Property A-7 Xxxxxxxxx X-0 Laws A-7 Legal Proceeding A-7 Liabilities A-7 LS Power Entities 25 LSP Development 2 LSP Gen IV 15 Management Employee 21 Management Employees 21 Material Adverse Effect X-0 Xxxxx X-0 Original Rev LLC Agreement 1 Parties 1 Party 1 Permits X-0 Xxxxxxxxx Xxxxx X-0 Xxxxxx X-0 Principal Facility Documents A-9 Real Property A-9 Replacement Credit Support A-10 Rev 1 Rev Contributed Assets 2 Rev Entities 1 Rev Entity 1 Rev Holdco 1 Rev Holdings 1 Rev Intermediary 1 Rev Ops 2 Rev Subsidiary Contribution Agreement 5 Rev Subsidiary Contributions 3 Securities Act A-10 Straddle Period A-10 Subsidiary A-10 Tax A-10 Tax Proceeding 20 Tax Return X-00 Xxxxx X-00 Taxing Authority A-10 Third Party A-11 Transaction Documents A-11 Transactions 5 Transfer Taxes 20 Transferred Employee 21 Willkie 25

  • Table of Definitions The following terms have the meanings set forth in the Sections referenced below: 510(k)s 3.27(c) Acquisition Proposal 5.17(j)(i) Agreement Preamble Alternative Acquisition Agreement 5.17(a)(ii)(E) Alternative Financing 5.21(b) Applicable Date 3.6(d) Assumed Liabilities 2.3 Balance Sheet 3.6(b) (a) Business Recitals Buyer Preamble Buyer Employees 5.3(a)(ii) Buyer Expenses 8.4(c) Buyer Welfare Plans 5.7(e) CERCLA 3.17(d)(ii) Claim Notice 7.4(a) Closing 2.6 Closing Balance Sheet 2.7 Closing Date 2.6 COBRA 5.7(d) Code 1.1 Competing Business 5.3(a)(i) Confidential Information 5.8(b) Copyrights 1.1 Customer 5.3(a)(iii) Debt Financing 5.21(a) Debt Financing Commitments 4.4 Debt Financing Source 4.4 Determination Notice 5.17(d)(i)(D) DGCL 4.6 Direct Claim 7.4(c) Effect 1.1 Environmental Laws 3.17(d)(i) Equity Financing 5.21(a) Equity Financing Commitment 4.4 Excluded Assets 2.2 Excluded Intellectual Property 2.2(c) Excluded Liabilities 2.4 Existing Stock 5.14(b) Fairness Opinion 3.2(b) FDA 1.1 Financial Statements 3.5(a) Financing 5.21(a) Financing Commitments 4.4 Finished Goods Inventory Amount 2.8(a) Group Health Plan 5.7(d) Hazardous Substances 3.17(d)(ii) Health Care Permits 3.27(c) HIPAA 1.1 HSR Act 3.3(b) Indemnified Party 7.4(a) Indemnifying Party 7.4(a) Independent Accounting Firm 2.8(a) Initial Allocation 2.1 Interim Financial Statements 3.5(a) Intervening Event 5.17(j)(iii) Intervening Event Change of Recommendation 5.17(d)(ii) Licensed Excluded IP 3.13(h) Losses 7.2 Marks 1.1 Notice Period 5.17(d)(i)(D) Outside Date 8.1(b)(i) Patents 1.1 Personal Information 3.26(a) Post-Closing Claims 5.13(a) Pre-Closing Contract Liabilities 2.4(f) Privacy Laws 3.26(a) Proxy Statement 3.29

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