EPE Conditions Precedent Sample Clauses

EPE Conditions Precedent. This Agreement shall become effective upon execution by the Parties, provided that the 2008 Procurement Plan filed by EPE pursuant to the New Mexico Renewable Energy Act (the “EPE Procurement Plan”), which includes a request for approval to procure renewable energy, or capacity, or both, and RECs pursuant to this Agreement for use in meeting the renewable portfolio standard of the New Mexico Renewable Energy Act and to recover the cost of such procurement, is (i) approved without material change by the NMPRC by final NMPRC order, and (ii) all periods for appeal of the order have expired under NMPRC requirements (the “Agreement Approval”). The date for Agreement Approval is anticipated to be no later than December 30, 2008 (the “Agreement Approval Date”). Should the NMPRC issue an order approving the EPE Procurement Plan with conditions or modifications that materially change this Agreement, or rejecting this Agreement on the basis of reasons set forth in such order (in either case a “Non-Conforming Order”), the Parties agree to use good faith efforts to renegotiate this Agreement. If, within sixty (60) days of the issuance of a Non-Conforming Order, no agreement is reached, either Party may terminate this Agreement upon delivery of notice to the other Party, in which case the Parties shall have no further liability to each other under this Agreement.
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Related to EPE Conditions Precedent

  • Conditions Precedent The effectiveness of this Amendment is subject to the satisfaction of all of the following conditions precedent:

  • Seller’s Conditions Precedent The obligations of Seller to consummate the transactions contemplated by this Agreement are subject to the satisfaction or waiver, at or prior to the Closing Date, of each of the following conditions precedent:

  • Buyer’s Conditions Precedent The obligations of Buyer to consummate the transactions contemplated by this Agreement are subject to the satisfaction or waiver, at or prior to the Closing Date, of each of the following conditions precedent:

  • Initial Conditions Precedent The obligation of the Lenders to effect or permit the occurrence of the first Credit Event hereunder, whether as the making of a Loan or the issuance of a Letter of Credit, is subject to the satisfaction or waiver of the following conditions precedent:

  • Purchaser’s Conditions Precedent Except as may be waived in writing by Purchaser, the obligations of Purchaser hereunder are subject to the fulfillment at or prior to the Closing of each of the following conditions:

  • Other Conditions Precedent Each of the conditions set forth in Sections 4.1.4, 4.1.5, 4.1.6 and 4.1.10 shall have been satisfied unless the failure of any such condition to be satisfied is the result of any action or inaction by Mortgagee.

  • General conditions precedent The agreement of the Finance Parties referred to in clause 2 (Agreement of the Finance Parties) shall be further subject to:

  • Satisfaction of Conditions Precedent Each party will use commercially reasonable efforts to satisfy or cause to be satisfied all the conditions precedent that are applicable to them, and to cause the transactions contemplated by this Agreement to be consummated, and, without limiting the generality of the foregoing, to obtain all material consents and authorizations of third parties and to make filings with, and give all notices to, third parties that may be necessary or reasonably required on its part in order to effect the transactions contemplated hereby.

  • Additional Conditions Precedent No Lender has any obligation to make any Loan (including its first), and LC Issuer has no obligation to issue any Letter of Credit (including its first), unless the following conditions precedent have been satisfied:

  • Further conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:

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