Common use of Initial and Subsequent Business Plans Clause in Contracts

Initial and Subsequent Business Plans. The initial Business Plan of the Company, consistent with the Phase I Minimum RUP Commitment and Toshiba’s proposed schedule therefor and setting forth the Company’s products, pricing, operating budget, capital expenditures, expense budgets, financing plans and other business activities of the Company through the **** will be agreed upon and certified by the Board of Executive Officers as soon as practicable after the Closing. (i) The initial Business Plan and each successive Business Plan will, at the time such Business Plan is in effect, represent the Company’s then-current forecast of the proposed operations of the Company. (ii) An updated Business Plan complying with Section 3.4(b) (Form and Scope) in respect of each successive Fiscal Year after the **** shall be prepared under the direction of the President of the Company and submitted to the Board of Executive Officers for review and approval not later than the **** preceding the commencement of such Fiscal Year. (iii) When the proposed Business Plan in respect of a Fiscal Year is approved by the Board of Executive Officers, it shall constitute the Business Plan of the Company for such Fiscal Year and the Company and its Executive Officers and employees shall implement such Business Plan, which shall be the basis of the Company’s operations for such Fiscal Year. Upon approval, the approved Business Plan shall constitute the approved operational, financing and capital expenditure budget, subject to Section 6.3 of the Master Agreement. The Board of Executive Officers shall have the authority pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive Officers) to amend the most recently approved Business Plan, including the operating budget contained therein, and any Member may request that the Board of Executive Officers review the Company’s operating results and prospects, as well as market conditions, and consider a proposal for amendment or review of the most recently approved Business Plan at any regularly scheduled or special meeting of the Board of Executive Officers and upon such request, the Board of Executive Officers shall in good faith make such review and/or consider such proposal. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Initial and Subsequent Business Plans. The initial Business Plan of the Company, consistent with the Phase I Minimum RUP Commitment and Toshiba’s proposed schedule therefor and setting forth the Company’s products, pricing, operating budget, capital expenditures, expense budgets, financing plans and other business activities of the Company through the [**** ] will be agreed upon and certified by the Board of Executive Officers as soon as practicable after the Closing. (i) The initial Business Plan and each successive Business Plan will, at the time such Business Plan is in effect, represent the Company’s then-current forecast of the proposed operations of the Company. (ii) An updated Business Plan complying with Section 3.4(b) (Form and Scope) in respect of each successive Fiscal Year after the [**** ] shall be prepared under the direction of the President of the Company and submitted to the Board of Executive Officers for review and approval not later than the [**** ] preceding the commencement of such Fiscal Year. (iii) When the proposed Business Plan in respect of a Fiscal Year is approved by the Board of Executive Officers, it shall constitute the Business Plan of the Company for such Fiscal Year and the Company and its Executive Officers and employees shall implement such Business Plan, which shall be the basis of the Company’s operations for such Fiscal Year. Upon approval, the approved Business Plan shall constitute the approved operational, financing and capital expenditure budget, subject to Section 6.3 of the Master Agreement. The Board of Executive Officers shall have the authority pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive Officers) to amend the most recently approved Business Plan, including the operating budget contained therein, and any Member may request that the Board of Executive Officers review the Company’s operating results and prospects, as well as market conditions, and consider a proposal for amendment or review of the most recently approved Business Plan at any regularly scheduled or special meeting of the Board of Executive Officers and upon such request, the Board of Executive Officers shall in good faith make such review and/or consider such proposal. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Initial and Subsequent Business Plans. The initial Business Plan of the Company, consistent with the Phase I Minimum RUP Commitment and Toshiba’s proposed schedule therefor and setting forth the Company’s products, pricing, operating budget, capital expenditures, expense budgets, financing plans and other business activities of the Company through the [**** ], will be agreed upon and certified by the Board of Executive Officers Directors as soon as practicable after the Closing. (i) The initial Business Plan and each successive Business Plan will, at the time such Business Plan is in effect, represent the Company’s then-current forecast of the proposed operations of the Company. * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (ii) An updated Business Plan complying with Section 3.4(b) (Form and Scope) in respect of each successive Fiscal Year after the [**** ] shall be prepared under the direction of the President Chief Executive Officer of the Company and submitted to the Board of Executive Officers Directors for review and approval not later than the [**** ] preceding the commencement of such Fiscal Year. (iii) When the proposed Business Plan in respect of a Fiscal Year is approved by the Board of Executive OfficersDirectors, it shall constitute the Business Plan of the Company for such Fiscal Year and the Company and its Executive Officers directors and employees shall implement such Business Plan, which shall be the basis of the Company’s operations for such Fiscal Year. Upon approval, the approved Business Plan shall constitute the approved operational, financing and capital expenditure budget, subject to Section 6.3 of the Master Agreement. The Board of Executive Officers Directors shall have the authority pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors) to amend the most recently approved Business Plan, including the operating budget contained therein, and any Member Shareholder may request that the Board of Executive Officers Directors review the Company’s operating results and prospects, as well as market conditions, and consider a proposal for amendment or review of the most recently approved Business Plan at any regularly scheduled or special meeting of the Board of Executive Officers Directors and upon such request, the Board of Executive Officers Directors shall in good faith make such review and/or consider such proposal. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Initial and Subsequent Business Plans. The initial Initial Business Plan of the Company, consistent with the Phase I Minimum RUP Commitment and Toshiba’s proposed schedule therefor and Company setting forth the Company’s products's Products, pricing, operating budget, capital expenditures, expense budgets, financing plans and other business activities for the initial three (3) years of operation of the Company through the **** will be agreed upon and certified by the Board of Executive Officers as soon as practicable after the Members and DSC on or prior to Closing. (i) The initial Members acknowledge that the Initial Business Plan and each successive Business Plan will, at the time such Business Plan is in effect, will represent the Company’s then-'s then current forecast of the proposed operations of the Company. (ii) An updated Business Plan complying with Section 3.4(b3.04(b) (Form and Scope) in respect of each successive Fiscal Year after the **** shall be prepared under the direction of the Chief Executive Officer of the Company with the active participation of the President and the Executive Vice President of the Company and of DSC and submitted to the Board of Executive Officers Operating Committee for review and approval not later than the **** January 15 preceding the commencement of such Fiscal Year. (iii) When the proposed Business Plan in respect of a Fiscal Year is approved by the Board of Executive OfficersOperating Committee, it shall constitute the Business Plan of the Company for such Fiscal Year and the Company and its Executive Officers officers and employees shall implement such Business Plan, which shall be the basis of the Company’s 's operations for such Fiscal Year. Upon approval, the approved Business Plan shall constitute the approved operational, financing and capital expenditure budget, subject to Section 6.3 of the Master Agreement. The Board of Executive Officers Operating Committee shall have the authority pursuant to Section 5.1(d5.01(d) (Matters Requiring the Approval of the Board of Executive OfficersOperating Committee) to amend the most recently approved Business PlanPlan for any Fiscal Year, including the operating budget contained therein, and any either Member may request that the Board of Executive Officers Operating Committee review the Company’s 's operating results and prospects, as well as market conditions, and consider a proposal for amendment or review of the most recently approved then-current Business Plan at any regularly scheduled or special meeting of the Board of Executive Officers Operating Committee and upon such request, the Board of Executive Officers Operating Committee shall in good faith make such review and/or consider such proposal. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Initial and Subsequent Business Plans. The initial Business Plan of the Company, consistent with the Phase I Minimum RUP Commitment and Toshiba’s proposed schedule therefor and setting forth the Company’s products, pricing, operating budget, capital expenditures, expense budgets, financing plans and other business activities of the Company through the [**** ], will be agreed upon and certified by the Board of Executive Officers Directors as soon as practicable after the Closing. (i) The initial Business Plan and each successive Business Plan will, at the time such Business Plan is in effect, represent the Company’s then-current forecast of the proposed operations of the Company.. * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION (ii) An updated Business Plan complying with Section 3.4(b) (Form and Scope) in respect of each successive Fiscal Year after the [**** ] shall be prepared under the direction of the President Chief Executive Officer of the Company and submitted to the Board of Executive Officers Directors for review and approval not later than the [**** ] preceding the commencement of such Fiscal Year. (iii) When the proposed Business Plan in respect of a Fiscal Year is approved by the Board of Executive OfficersDirectors, it shall constitute the Business Plan of the Company for such Fiscal Year and the Company and its Executive Officers directors and employees shall implement such Business Plan, which shall be the basis of the Company’s operations for such Fiscal Year. Upon approval, the approved Business Plan shall constitute the approved operational, financing and capital expenditure budget, subject to Section 6.3 of the Master Agreement. The Board of Executive Officers Directors shall have the authority pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors) to amend the most recently approved Business Plan, including the operating budget contained therein, and any Member Shareholder may request that the Board of Executive Officers Directors review the Company’s operating results and prospects, as well as market conditions, and consider a proposal for amendment or review of the most recently approved Business Plan at any regularly scheduled or special meeting of the Board of Executive Officers Directors and upon such request, the Board of Executive Officers Directors shall in good faith make such review and/or consider such proposal. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Initial and Subsequent Business Plans. The initial Business Plan of the Company, consistent with the Phase I Minimum RUP Commitment and Toshiba’s proposed schedule therefor and setting forth the Company’s products, pricing, operating budget, capital expenditures, expense budgets, financing plans and other business activities of the Company through the [**** ], will be agreed upon and certified by the Board of Executive Officers Directors as soon as practicable after the Closing. (i) The initial Business Plan and each successive Business Plan will, at the time such Business Plan is in effect, represent the Company’s then-current forecast of the proposed operations of the Company. (ii) An updated Business Plan complying with Section 3.4(b) (Form and Scope) in respect of each successive Fiscal Year after the Fiscal year ending [**** ] shall be prepared under the direction of the President Chief Executive Officer of the Company and submitted to the Board of Executive Officers Directors for review and approval not later than the [**** ] preceding the commencement of such Fiscal Year. (iii) When the proposed Business Plan in respect of a Fiscal Year is approved by the Board of Executive OfficersDirectors, it shall constitute the Business Plan of the Company for such Fiscal Year and the Company and its Executive Officers directors and employees shall implement such Business Plan, which shall be the basis of the Company’s operations for such Fiscal Year. Upon approval, the approved Business Plan shall constitute the approved operational, financing and capital expenditure budget, subject to Section 6.3 of the Master Agreement. The Board of Executive Officers Directors shall have the authority pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors) to amend the most recently approved Business Plan, including the operating budget contained therein, and any Member Unitholder may request that the Board of Executive Officers Directors review the Company’s operating results and prospects, as well as market conditions, and consider a proposal for amendment or review of the most recently approved Business Plan at any regularly scheduled or special meeting of the Board of Executive Officers Directors and upon such request, the Board of Executive Officers Directors shall in good faith make such review and/or consider such proposal. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Initial and Subsequent Business Plans. The initial Business Plan of the Company, consistent with the Phase I Minimum RUP Commitment and ToshibaXxxxxxx’s proposed schedule therefor and setting forth the Company’s products, pricing, operating budget, capital expenditures, expense budgets, financing plans and other business activities of the Company through the [**** ] will be agreed upon and certified by the Board of Executive Officers as soon as practicable after the Closing. (i) The initial Business Plan and each successive Business Plan will, at the time such Business Plan is in effect, represent the Company’s then-current forecast of the proposed operations of the Company. (ii) An updated Business Plan complying with Section 3.4(b) (Form and Scope) in respect of each successive Fiscal Year after the [**** ] shall be prepared under the direction of the President of the Company and submitted to the Board of Executive Officers for review and approval not later than the [**** ] preceding the commencement of such Fiscal Year. (iii) When the proposed Business Plan in respect of a Fiscal Year is approved by the Board of Executive Officers, it shall constitute the Business Plan of the Company for such Fiscal Year and the Company and its Executive Officers and employees shall implement such Business Plan, which shall be the basis of the Company’s operations for such Fiscal Year. Upon approval, the approved Business Plan shall constitute the approved operational, financing and capital expenditure budget, subject to Section 6.3 of the Master Agreement. The Board of Executive Officers shall have the authority pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive Officers) to amend the most recently approved Business Plan, including the operating budget contained therein, and any Member may request that the Board of Executive Officers review the Company’s operating results and prospects, as well as market conditions, and consider a proposal for amendment or review of the most recently approved Business Plan at any regularly scheduled or special meeting of the Board of Executive Officers and upon such request, the Board of Executive Officers shall in good faith make such review and/or consider such proposal. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Initial and Subsequent Business Plans. The initial Business Plan of the Company, consistent with the Phase I Minimum RUP Commitment and Toshiba’s proposed schedule therefor and setting forth the Company’s products, pricing, operating budget, capital expenditures, expense budgets, financing plans and other business activities of the Company through the [**** ], will be agreed upon and certified by the Board of Executive Officers Directors as soon as practicable after the Closing. (i) The initial Business Plan and each successive Business Plan will, at the time such Business Plan is in effect, represent the Company’s then-current forecast of the proposed operations of the Company. (ii) An updated Business Plan complying with Section 3.4(b) (Form and Scope) in respect of each successive Fiscal Year after the [**** ] shall be prepared under the direction of the President Chief Executive Officer of the Company and submitted to the Board of Executive Officers Directors for review and approval not later than the [**** ] preceding the commencement of such Fiscal Year. (iii) When the proposed Business Plan in respect of a Fiscal Year is approved by the Board of Executive OfficersDirectors, it shall constitute the Business Plan of the Company for such Fiscal Year and the Company and its Executive Officers directors and employees shall implement such Business Plan, which shall be the basis of the Company’s operations for such Fiscal Year. Upon approval, the approved Business Plan shall constitute the approved operational, financing and capital expenditure budget, subject to Section 6.3 of the Master Agreement. The Board of Executive Officers Directors shall have the authority pursuant to Section 5.1(d5.l(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors) to amend the most recently approved Business Plan, including the operating budget contained therein, and any Member Shareholder may request that the Board of Executive Officers Directors review the Company’s operating results and prospects, as well as market conditions, and consider a proposal for amendment or review of the most recently approved Business Plan at any regularly scheduled or special meeting of the Board of Executive Officers Directors and upon such request, the Board of Executive Officers Directors shall in good faith make such review and/or consider such proposal. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Initial and Subsequent Business Plans. The initial Business Plan of the Company, consistent with the Phase I Minimum RUP Commitment and Toshiba’s proposed schedule therefor and setting forth the Company’s 's products, pricing, operating budget, capital expenditures, expense budgets, financing plans and other business activities of the Company through the [**** ], will be agreed upon and certified by the Board of Executive Officers Directors as soon as practicable after the Closing. (i) The Unitholders acknowledge that the initial Business Plan and each successive Business Plan will, at the time such Business Plan is in effect, represent the Company’s 's then-current forecast of the proposed operations of the Company. (ii) An updated Business Plan complying with Section 3.4(b3.04(b) (Form and Scope) in respect of each successive Fiscal Year after the Fiscal Year ending [**** ] shall be prepared under the direction of the President Chief Executive Officer of the Company and submitted to the Board of Executive Officers Directors for review and approval not later than the [**** ] preceding the commencement of such Fiscal Year. (iii) When the proposed Business Plan in respect of a Fiscal Year is approved by the Board of Executive OfficersDirectors, it shall constitute the Business Plan of the Company for such Fiscal Year and the Company and its Executive Officers officers and employees shall implement such Business Plan, which shall be the basis of the Company’s 's operations for such Fiscal Year. Upon approval, the approved Business Plan shall constitute the approved operational, financing and capital expenditure budget, subject to Section 6.3 of the Master Agreement. The Board of Executive Officers Directors shall have the authority pursuant to Section 5.1(d5.01(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors) to amend the most recently approved Business Plan, including the operating budget contained therein, and any Member Unitholder may request that the Board of Executive Officers Directors review the Company’s 's operating results and prospects, as well as market conditions, and consider a proposal for amendment or review of the most recently approved Business Plan at any regularly scheduled or special meeting of the Board of Executive Officers Directors and upon such request, the Board of Executive Officers Directors shall in good faith make such review and/or consider such proposal. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Initial and Subsequent Business Plans. The initial Business Plan of the Company, consistent with the Phase I Minimum RUP Commitment and Toshiba’s proposed schedule therefor and setting forth the Company’s 's products, pricing, operating budget, capital expenditures, expense budgets, financing plans and other business activities of the Company through the [**** ], will be agreed upon and certified by the Board of Executive Officers Directors as soon as practicable after the Closing. (i) The initial Business Plan and each successive Business Plan will, at the time such Business Plan is in effect, represent the Company’s 's then-current forecast of the proposed operations of the Company. (ii) An updated Business Plan complying with Section 3.4(b) (Form and Scope) in respect of each successive Fiscal Year after the Fiscal year ending [**** ] shall be prepared under the direction of the President Chief Executive Officer of the Company and submitted to the Board of Executive Officers Directors for review and approval not later than the [**** ] preceding the commencement of such Fiscal Year. [***] INDICATES THAT CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO RULE 24B-2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. (iii) When the proposed Business Plan in respect of a Fiscal Year is approved by the Board of Executive OfficersDirectors, it shall constitute the Business Plan of the Company for such Fiscal Year and the Company and its Executive Officers directors and employees shall implement such Business Plan, which shall be the basis of the Company’s 's operations for such Fiscal Year. Upon approval, the approved Business Plan shall constitute the approved operational, financing and capital expenditure budget, subject to Section 6.3 of the Master Agreement. The Board of Executive Officers Directors shall have the authority pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors) to amend the most recently approved Business Plan, including the operating budget contained therein, and any Member Unitholder may request that the Board of Executive Officers Directors review the Company’s 's operating results and prospects, as well as market conditions, and consider a proposal for amendment or review of the most recently approved Business Plan at any regularly scheduled or special meeting of the Board of Executive Officers Directors and upon such request, the Board of Executive Officers Directors shall in good faith make such review and/or consider such proposal. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.