Loss of Qualifying Facility Status Sample Clauses

Loss of Qualifying Facility Status. Notwithstanding any other provision of this Agreement to the contrary, if at any time any Co-Tenant shall be deemed to be an electric utility or an electric utility holding company, as such terms are used in the Public Utilities Regulatory Policy Act of 1978, as amended, and the regulations thereunder, or subject to regulation under the Federal Power Act, as amended, or the Public Utility Holding Act of 1935, as amended, or any other comparable federal or state regulation, or any Co-Tenant permits or suffers to exist any condition that would result in such Co-Tenant's interest in the Power Transfer System, or any portion thereof, or any other Co-Tenant's interest in the Power Transfer System, or any portion thereof, losing its status as a qualifying facility under the Public Utility Regulatory Policy Act of 1978, as amended (the "QF Result"), the right of the Co-Tenant owning the Turbines or other facility that causes such QF Result (the "Impacted Facility") to use the Power Transfer System to deliver electricity generated by the Impacted Facility shall be suspended immediately, no such electricity shall be delivered thereafter from the Impacted Facility through the Power Transfer System, and the Co-Tenants owning the other Turbines and other facilities shall be authorized to take such action (including, without limitation, disconnecting the Impacted Facility from the Power Transfer System) as is necessary to prevent the use of the Power Transfer System to deliver energy generated by the Impacted Facility. Such suspension shall remain in effect until such time, if any, as the use of the Power Transfer System to deliver electricity generated by the Impacted Facility would no longer have a QF Result. At that point the right of the Co-Tenant owning the Impacted Facility to use the Power Transfer System to deliver electricity generated by the Impacted Facility shall be reinstated on the terms and conditions set forth in this Agreement.
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Loss of Qualifying Facility Status. (i) (A) Any Project Company shall no longer be a Qualifying Facility and such condition shall continue unremedied for a period of sixty (60) days. (ii) Notwithstanding anything to the contrary set forth above, to the extent an Event of Default solely related to a Project has occurred under any of Sections 8.1(b), (c), (d), (e), (h), (i), (j), (k), (l), (m) or (n), such Event of Default shall be deemed cured to the extent that Borrower, within fifteen (15) Business Days after the occurrence of such Event of Default, prepays the Loans (and related interest) allocated to the Project to which such Event of Default relates (such amount to be confirmed by Administrative Agent (acting at the written direction of the Majority Lenders)) and otherwise in accordance with Sections 2.1(l); provided, however, that in no event shall any additional Loans be funded in respect of any Project where such Loans have been prepaid pursuant to this clause.
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Loss of Qualifying Facility Status. It is the intent and understanding of the Parties that the Facility will be a Qualifying Facility throughout the Term of this Agreement. If the Facility nevertheless loses its status as a Qualifying Facility after the Actual Commercial Operation Date, the Parties' rights and obligations under this Agreement, including but not limited to PEPCO's obligation to make payments in accordance with this Agreement, shall continue, subject to the limitations set forth in Subsection 6.3(b) and further subject to receipt of all governmental and regulatory approvals necessary for such continuation (whether the Facility is a Qualifying Facility or attains another status) in form and substance acceptable to each of the Parties pursuant to the standard set forth in Subsection 6.3(c). PEPCO may terminate this Agreement upon one hundred and eighty (180) Days written notice given at any time subsequent to five hundred and forty (540) Days following such loss of Qualifying Facility status if all such necessary governmental and regulatory approvals have not been received in a form acceptable to each of the Parties as set forth above. If at any time prior to the effective date of such termination: (i) the Facility regains Qualifying Facility status and receives all necessary governmental and regulatory approvals therefor in form and substance acceptable to each of the Parties, pursuant to the standard set forth in Subsection 6.3(c), or (ii) the Facility does not regain Qualifying Facility status, but Seller and PEPCO receive all necessary governmental and regulatory approvals in form and substance acceptable to each of the Parties pursuant to the standard set forth in Subsection 6.3(c) for the continued purchase and sale of capacity and energy from the Facility in accordance with the provisions of this Agreement, then the Parties' rights and obligations shall continue in accordance with this Agreement.
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Loss of Qualifying Facility Status. If loss of Qualifying Facility status could reasonably be expected to have a Material Adverse Effect, (i) FERC shall have issued an order determining that the Project has ceased to be a Qualifying Facility or (ii) the Project shall have failed to meet the criteria for a Qualifying Facility, and, subject to the provisions of Section 8.1.7(a), shall have failed to obtain a waiver from FERC on account thereof within six months after the end of any calendar year in which the Borrower knows or should reasonably have known that it has failed to meet such criteria.
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Related to Loss of Qualifying Facility Status

  • Loss of a Facility Hub In the event that BellSouth loses a facility hub, the recovery process is much the same as above. Once the NMC has observed the problem and administered the appropriate controls, the ECC will assume authority for the repairs. The recovery effort will include a) Placing specialists and emergency equipment on notice; b) Inventorying the damage to determine what equipment and/or functions are lost; c) Moving containerized emergency equipment to the stricken area, if necessary; d) Reconnecting service for Hospitals, Police and other emergency agencies; and e) Restoring service to CLECs and other customers. If necessary, BellSouth will aggregate the traffic at another location and build temporary facilities. This alternative would be viable for a location that is destroyed and building repairs are required.

  • Acquisition for Own Account Purchaser is acquiring the Shares and the Conversion Shares for Purchaser's own account for investment only, and not with a view towards their distribution.

  • Indemnification with Respect to Prohibited Transactions or Loss of REMIC Status Upon the occurrence of an Adverse REMIC Event due to the negligent performance by either the Securities Administrator or the Master Servicer of its duties and obligations set forth herein, the Securities Administrator or the Master Servicer, as applicable, shall indemnify the Certificateholders of the related Residual Certificate against any and all losses, claims, damages, liabilities or expenses (“Losses”) resulting from such negligence; provided, however, that neither the Securities Administrator nor the Master Servicer shall be liable for any such Losses attributable to the action or inaction of the Depositor, the Trustee or the Holder of the Residual Certificate, nor for any such Losses resulting from misinformation provided by any of the foregoing parties on which the Securities Administrator or the Master Servicer, as applicable, has relied. Notwithstanding the foregoing, however, in no event shall the Securities Administrator or the Master Servicer have any liability (1) for any action or omission that is taken in accordance with and in compliance with the express terms of, or which is expressly permitted by the terms of, this Agreement or under any Servicing Agreement, (2) for any Losses other than arising out of malfeasance, willful misconduct or negligent performance by the Securities Administrator or the Master Servicer, as applicable, of its duties and obligations set forth herein, and (3) for any special or consequential damages to Certificateholders of the related Residual Certificate (in addition to payment of principal and interest on the Certificates).

  • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION By executing this contract the firm affirms that it is in compliance with the requirements of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

  • Our Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

  • Additional Termination Requirements (a) In the event the Master Servicer exercises its purchase option as provided in Section 9.01, the Trust Fund shall be terminated in accordance with the following additional requirements, unless the Trustee has been supplied with an Opinion of Counsel, at the expense of the Master Servicer, to the effect that the failure to comply with the requirements of this Section 9.03 will not (i) result in the imposition of taxes on "prohibited transactions" on any REMIC as defined in section 860F of the Code, or (ii) cause any REMIC to fail to qualify as a REMIC at any time that any Certificates are outstanding: (1) Within 90 days prior to the final Distribution Date set forth in the notice given by the Master Servicer under Section 9.02, the Master Servicer shall prepare and the Trustee, at the expense of the "tax matters person," shall adopt a plan of complete liquidation within the meaning of section 860F(a)(4) of the Code which, as evidenced by an Opinion of Counsel (which opinion shall not be an expense of the Trustee or the Tax Matters Person), meets the requirements of a qualified liquidation; and (2) Within 90 days after the time of adoption of such a plan of complete liquidation, the Trustee shall sell all of the assets of the Trust Fund to the Master Servicer for cash in accordance with Section 9.01. (b) The Trustee as agent for any REMIC hereby agrees to adopt and sign such a plan of complete liquidation upon the written request of the Master Servicer, and the receipt of the Opinion of Counsel referred to in Section 9.03(a)(1) and to take such other action in connection therewith as may be reasonably requested by the Master Servicer. (c) By their acceptance of the Certificates, the Holders thereof hereby authorize the Master Servicer to prepare and the Trustee to adopt and sign a plan of complete liquidation.

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