Emissions Allowances. The Borrower shall not, without first complying with the requirements of Section 9.1, sell, assign or otherwise dispose of (or enter into any agreement therefor) any allowances for emissions or similar rights granted by any governmental authority, except allowances or similar rights that exceed those necessary in any particular fiscal year for the Borrower to operate its generating facilities during such year, as evidenced by a written certification by the Borrower and provided to the RUS at the time of such sale, assignment or other disposition.
Emissions Allowances. Sellers shall have delivered evidence reasonably satisfactory to Purchaser of the transfer to Purchaser as agent for the Facility account of the Emissions Allowances described in Section 2.1.1 hereof that are not otherwise Excluded Assets.
Emissions Allowances. The Federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq. (hereinafter referred to as "Clean Air Act"), establishes certain annual maximum sulfur dioxide levels for flue gases emitted by electric generating units, including units operated by IPL, IMPA and other electric utilities who may supply electric energy for transactions under this Agreement. The Clean Air Act also created an emissions allowance system to permit emissions of regulated pollutants. The obligation of obtaining and the cost of supplying and/or replacing consumed sulfur dioxide and other atmospheric emission allowances, if any, when allowance programs become effective shall be the responsibility of the Party purchasing the power and energy unless as otherwise mutually agreed by the Parties. The Parties shall establish, by mutual agreement, appropriate procedures to carry out the provisions of this Paragraph 3.06. Such procedures shall be amended as necessary to remain in compliance with all Federal Energy Regulatory Commission ("FERC") and Indiana Utility Regulatory Commission ("IURC") rules and regulations.
Emissions Allowances. The Project Company owns all right, title and interest in and to all Emissions Allowances as they relate to the Facility, which such Emissions Allowances are set forth in Section 5.17 to the Seller’s Disclosure Schedule.
Emissions Allowances. All Emission Allowances of vintage years 2003 and 2004, as set forth in Disclosure Schedule 7.02, are held by the Company free and clear of all Encumbrances.
Emissions Allowances. All Emissions Allowances held in the name of Seven States Southaven, LLC (Facility ID 55269) as of the Closing Date.
Emissions Allowances. The Project Company owns no Emissions Allowances.
Emissions Allowances. 64 SECTION 26.16
Emissions Allowances. The Parties agree to negotiate in good faith the issue of emission allowance management (i.e. NO(x) allowances) no later than [*] prior to the Commercial Operation Date.
Emissions Allowances. From and after the Closing until the fifth (5th) anniversary thereof, if Seller plans to offer Emissions Allowances for sale on the open market to third parties and if requested by Buyer, Seller shall use commercially reasonable efforts to provide Buyer with a right of first offer (at market prices) to purchase such Emission Allowances as are necessary to cover all operations of the Generating Facility; provided that Buyer shall be entitled to up to five (5) one-year extensions of such period if reasonably necessary for Buyer’s operations (and Buyer shall provide Seller with written notice of its exercise of any such extension no less than 30 days prior to the end of any year).
