Limited Operations. The ISO shall, upon the request and at the expense of the Developer, in conjunction with the Connecting Transmission Owner, perform operating studies to determine the extent to which the Developer’s Large Generating Facility and the Developer’s Attachment Facilities may operate prior to the completion of the Connecting Transmission Owner’s Attachment Facilities or System Upgrade Facilities or System Deliverability Upgrades consistent with Applicable Laws and Regulations, Applicable Reliability Standards, and Good Utility Practice. This provision does not permit the Developer to request the evaluation of an alternative configuration of the proposed Large Generating Facility; rather, this provision merely allows the Developer to request an evaluation of the extent to which its Large Generating Facility may operate, if at all, prior to the completion of all required upgrade facilities. This provision does not permit the Developer to operate the Developer’s Large Generating Facility and the Developer’s Attachment Facilities in accordance with the results of such studies. Such requirements must be documented in the Large Facility’s Interconnection Agreement, which must be fully executed or filed unexecuted and accepted by the Commission prior to the Large Facility going into Commercial Operation. Such requirements must also have a defined end date specified in the Interconnection Agreement – the date beyond which Limited Operations is not permitted.
Limited Operations. The ISO shall, upon the request and at the expense of the Developer, in conjunction with the Connecting Transmission Owner, perform operating studies to determine the extent to which the Developer’s Large Generating Facility and the Developer’s Attachment Facilities may operate prior to the completion of the Connecting Transmission Owner’s Attachment Facilities or System Upgrade Facilities or System Deliverability Upgrades consistent with Applicable Laws and Regulations, Applicable Reliability Standards, and Good Utility Practice. This provision does not permit the Developer to request the evaluation of an alternative configuration of the proposed Large Generating Facility; rather, this provision merely allows the Developer to request an evaluation of the extent to which its Large Generating Facility may operate, if at all, prior to the completion of all required upgrade facilities. This provision does not permit the
Limited Operations. OilQuip has not conducted any material business operations other than: the formation of MCA, the acquisition through MCA (including the financing of such acquisition) of the assets of Mountain Air Drilling Service Co., Inc. ("Mountain Drilling"), the lease of its current office at 0000 Xxxxxxx Xxxx Xxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000, the engagement of Xxxxxxx Xxxxxxxxxxxx as Chief Executive Officer, the engagement of Xxxxxxx Xxxxxxxx as a financial advisor and the negotiation of this Agreement. Since the acquisition of the assets of Mountain Drilling, such assets have been operated in the ordinary course of business and there has been no material change in the business of Mountain Drilling. To the knowledge of OilQuip, after due inquiry of the officers of MCA, except as set forth on Schedule 4.15 hereto the representations and warranties of Mountain Drilling set forth in the Asset Purchase Agreement dated as of February 6, 2001, by and among Mountain Compressed Air, Inc., a Texas corporation, Mountain Drilling and Xxx Xxxxxx and Xxxxx Xxxxxx (the "Purchase Agreement"), are true and correct as of the date hereof (without regard to any knowledge qualification set forth in the Purchase Agreement), and there has been no material adverse development in the business of MCA since the date of the Purchase Agreement.
Limited Operations. The Company agrees that in the event of a natural disaster in the local area where it becomes unsafe for non- essential employees to travel to or from work, employees missing time will not have the time counted against them, regarding attendance control, so long as the condition exists. Such circumstances will be determined when the Program Manager declares limited operations. During limited operations essential employees who report to work within one (1) hour after the start of their regular shift will be paid their full shift. Employees determined to be essential by the Program Manager are expected to report to work during limited operations.
Limited Operations. As of the date hereof, Holdings is a newly formed entity that neither owns nor has owned any material assets or material liabilities, in each case other than those under or relating to the Merger, the Merger Agreement and agreements relating to the financing and consummation of the Merger and other than administrative matters relating to its formation.
Limited Operations. Prior to the Closing, the Company’s activities have been limited to (1) organizational matters, including the execution, delivery and performance of this Agreement and the Ancillary Agreements and (2) developmental activities with respect to the business.
Limited Operations. When Limited Operations is established/declared then the Plant Manager will determine the number of Bargaining Unit employees by classification needed to maintain/operate the plant safely. Once the number of each group is determined then each group will be canvassed by group seniority.
Limited Operations. (i) During the period between Purchaser being approved as a designated operator on or under said Environmental Permits and the earliest to occur of the following (A) the completion of the Change of Control Approval and the release of the Company Group Bonds and delivery of the same to the Seller in accordance with the provisions of Section 4.2, (B) the Final Transfer Date, as may be extended in accordance with Section 4.1(b), and (C) the Seller exercising the Seller Lien upon the occurrence of a Purchaser Default that is not cured within the applicable cure period, if any (such period, the “Interim Period”), Purchaser may, subject to the terms and conditions set forth in this Section 4.3, conduct the following site preparation, pre-mining operations and reclamation activities on the Leased Real Property during the Interim Period: cleaning up or pulling ditches, dipping ponds and sumps, improving internal roads, cleaning up and preparing existing highwalls for mining operations (including grouting or cutting out old auger mine workings), performing reclamation work under any of the Company Group’s Environmental Permits, and removing coal incidental to the foregoing activities (to the extent that such coal removal does not violate any Governmental Permit or applicable Laws). Purchaser shall conduct the foregoing activities to the extent required to maintain the Environmental Permits in compliance with applicable Laws. Subject to the terms and conditions set forth in this Section 4.3, Purchaser may sell to third parties any such incidental coal removed by Purchaser from the Leased Real Property during the course of conducting the above-mentioned activities.
Limited Operations. .................................................................7 3.6 Options................................................................................7 3.7 Financial Statements...................................................................7 3.8 Taxes..................................................................................8 3.9
Limited Operations. Buyer Holdco was formed in the State of Delaware on March 11, 2014. Buyer Holdco has no liabilities, debts or obligations of any nature (whether accrued, absolute, contingent, liquidated or unliquidated, unasserted or otherwise) except those incurred in connection with the Stock Purchase Agreement, the Ancillary Agreements (as defined in the Stock Purchase Agreement) to which it is a party and all of the transactions contemplated hereby and contemplated by the Stock Purchase Agreement. Immediately prior to the consummation of the transactions contemplated by the Stock Purchase Agreement, the Company has no Subsidiaries (other than Buyer Holdco) and Buyer Holdco has no Subsidiaries.
