Final Payment Amount. At least 30 days before the Withdrawal Time, Tri-State shall calculate and provide to NRPPD the Final Payment Amount, which shall use the formula set forth in Rate Schedule No. 281.
Final Payment Amount. As soon as practicable after delivery of the Final Statement but in no event more than 30 days following the completion and delivery to BRFHH of the 2018 Audited Balance Sheet: (i) in the event the Final Payment is a positive number, OLHS-NL shall (A) instruct the Escrow Agent to pay to BRF from the Escrow Amount the Final Payment Amount, and any remaining balance of the Escrow Amount would be paid to OLHS-NL, and (B) if the Escrow Amount is less than the Final Payment Amount, OLHS-NL will make payment to BRF; or (ii) in the event the Final Payment Amount is a negative number, (A) OLHS-NL shall instruct the Escrow Agent to release the Escrow Amount to OLHS- NL, and (B) BRF shall pay OLHS-NL the difference between the Escrow Amount and the Final Payment 3 NTD: This Schedule is open given the parties’ current discussions. Amount if it is a negative number. Any payment made hereunder shall be made by wire transfer of immediately available funds to a bank account designated by payee. Notwithstanding the foregoing, if BRF notifies OLHS-NL of a dispute within 30 days after BRF’s receipt of the Initial or Final Statement from OLHS-NL, the payment of the specifically disputed portion of Initial Net Assets or Final Net Assets, as the case may be, shall be delayed until three Business Days after the determination by the Independent Accountant as contemplated below.
Final Payment Amount. No later than 2:00 p.m. Mountain Prevailing Time on January 29, 2025, MPEI shall pay into escrow the amount calculated pursuant to the FERC-accepted and effective version of Rate Schedule No. 281 as of January 24, 2025 (“Final Payment Amount”). The Final Payment Amount will be subject to true-ups after the Withdrawal Time as provided in Rate Schedule No. 281 or as described in Sections 3.1.4 and 3.2. The payment of the Final Payment Amount shall be made in immediately available funds to Wilmington Trust Company, as the escrow agent, or such other nationally recognized escrow agent agreeable to the Parties (the “Escrow Agent”), pursuant to an escrow agreement to be entered into by the Parties in a form mutually acceptable to Tri-State, MPEI, and the Escrow Agent (“Escrow Agreement”) by no later than January 17, 2025. MPEI’s payment to Tri-State for the purchase of certain assets and facilities pursuant to the Purchase Agreement is not included in the Final Payment Amount and is covered by and addressed in the Purchase Agreement.
Final Payment Amount. Thirty days before the Withdrawal Time, Tri-State shall calculate and provide to MPEI the Final Payment Amount, which shall use the formula set forth in Rate Schedule No. 281. The only changes from the estimate set forth in Section 3.1.1 will be updated numbers, if any, for the Final Patronage Capital Credit and Regulatory Liabilities Credit, or as otherwise directed by FERC.
Final Payment Amount. As communicated to United Power on March 29, 2024, United Power’s Final Payment Amount is $627,194,617.56, calculated in accordance with Tri-State’s compliance filing for Rate Schedule No. 281 and the Compliance Filing Order, includes the following formula and inputs: Annual Western Interconnection CTP Amount ($709,482,595.56) + Final Western Interconnection PPA Adjustment ($0.00) – Final Patronage Capital Credit (based upon United Power’s allocated patronage capital balance as of December 31, 2023) ($82,199,988.31) – Regulatory Liabilities Credit (based upon information as of March 29, 2024) ($87,989.69), subject to true-up pursuant to Section 3.1.2.
Final Payment Amount. No later than the earlier of (a) completion and delivery to BRFHH of the 2018 Audited Balance Sheet or (b) 240 days following the Closing Date, OLHS-NL shall (i) review the calculation the Initial Net Assets, (ii) make a final calculation of Net Assets as of the Closing Date based on the 2018 Audited Balance Sheet (“Final Net Assets”), and (iii) deliver to BRF a statement (the “Final Statement”) setting forth in reasonable detail the Final Net Assets calculation. The Final Statement shall also set forth the difference between the Initial Payment Amount (defined below) and the Final Net Assets (the “Final Payment Amount”).
