Market Based Rate Authority. Seller shall, upon the request of Buyer, submit a letter of concurrence in the form attached hereto as Appendix C indicating that this Transaction does not intend to transfer “ownership or control of generation capacity” from Seller to Buyer as the term “ownership or control of generation capacity” is used in 18 CFR § 35.42, as in effect on the date of this Confirmation.
Market Based Rate Authority. Upon Buyer’s written request, Seller shall, in accordance with Federal Energy Regulatory Commission (FERC) Order No. 697, submit a letter of concurrence in support of any affirmative statement by Buyer that this contractual arrangement does not transfer “ownership or control of generation capacity” from Seller to Buyer as the term “ownership or control of generation capacity” is used in 18 CFR Section 35.42. Seller shall not, in filings, if any, made subject to Order Nos. 652 and 697, claim that this contractual arrangement conveys ownership or control of generation capacity from Seller to Buyer.
Market Based Rate Authority. Take or cause to be taken all necessary or appropriate actions so that each Guarantor (if such Guarantor owns or leases a Project) and Xxxxxxxx Energy will be authorized to sell wholesale electric power at market based rates with all waivers of regulations and blanket authorizations as are customarily granted by FERC to entities authorized to sell wholesale electric power at market based rates.
Market Based Rate Authority. Each of CSSW and the Borrower shall, and shall cause each of its Subsidiaries to, take or cause to be taken all necessary or appropriate actions so that each Subsidiary (if such Subsidiary directly owns or leases a Project or is otherwise a “public utility” under the FPA) will be authorized by FERC to sell wholesale electric power at market-based rates with all waivers of regulations and blanket authorizations (including under Section 204 of the FPA) as are customarily granted by FERC to entities authorized to sell wholesale electric power at market-based rates, in each case to the extent such authorization is required for such Subsidiary to sell wholesale electric power at market-based rates in accordance with all Requirements of Law.
Market Based Rate Authority. To the extent market-based rates are available to similarly situated generators selling Power, Ancillary Services or some combination of the foregoing in the Applicable Markets, each Project Company shall maintain at all times its authority to sell at market-based rates wholesale Power, Ancillary Services and, to the extent permitted as an Exempt Wholesale Generator or under its FERC tariff, Other Energy-Related Products and Services in the Applicable Markets, not subject to any rate caps or mitigation measures other than rate caps and mitigation measures generally applicable to similarly situated generators selling Power, Ancillary Services or some combination of the foregoing in the Applicable Markets.
Market Based Rate Authority. Seller shall, at all times during the Delivery Period, maintain all necessary authorization from FERC to sell Energy at market-based rates as contemplated by the Agreement.
Market Based Rate Authority. 12 3.14 Completion....................................................................................13 3.15
Market Based Rate Authority. (1) Seller shall assist Buyer in seeking and applying for a grant of market-based rate authority from FERC sufficient to operate each Facility (“205 Authority”). In connection with such assistance, Buyer shall reimburse Seller for any out-of-pocket expenses (including reasonable attorney’s fees, but not including Seller overhead cost) in connection with such assistance with the preparation of such applications.
(2) Buyer shall diligently seek to file an application for 205 Authority and shall acquire 205 Authority as quickly as is reasonably practicable. For the period from the Agreement Date until such time as Buyer receives 205 Authority, Seller will (unless and until requested not to do so by Buyer) (A) at each Facility that will be Placed in Service during such period (i) install a bidirectional meter or similar monitoring device for the measurement of kWh delivered, kWh received and net kWh, (ii) monitor daily net kWh from such Facility, and (iii) promptly make such daily data available to Buyer, and (B) notwithstanding the Warranty Specifications, but in accordance with the applicable ESA, (i) [***], and (ii) with respect to other Sites Placed in Service during such period, [***] (this clause (B), a “205 [***]”). In connection with the seeking of the [***], 205 Authority or any 205 [***], Seller shall use its commercially reasonable efforts, at Buyer’s cost and expense and upon Buyer’s request, to (x) facilitate the applicable ESA Customer’s gaining an understanding of the circumstances giving rise to such seeking of a [***] or 205 Authority, or such 205 [***], and any anticipated effects under the applicable ESA, (y) (subject to Section 3.10(3)) reschedule applicable Facilities’ Placed in Service Dates, and (z) mitigate any adverse economic consequences to Buyer hereunder or such ESA Customer under such ESA. Upon Buyer’s receipt of 205 Authority or the [***] (whichever occurs later), Seller’s obligations pursuant to this Section 3.10 shall terminate and Seller will resume full operation of such Facilities in accordance with the Warranty Specifications (to the extent Seller’s obligations in respect of such Warranty Specifications were ever limited). 732259453 19618353
(3) Notwithstanding anything herein to the contrary, until the earlier of (I) expiration pursuant to Section 2.10(5) of Seller’s obligations under Section 2.10 without a Tax Equity Investment being consummated, and (II) Buyer’s receipt of the [***], Seller shall under no circumstances c...
Market Based Rate Authority. Buyer has on file with FERC effective rate schedules to make sales of electric energy, capacity, and ancillary services at market-based rates in compliance with the FPA and such rate schedules are in full force and effect.
Market Based Rate Authority. Each of DETM and DEMA represents that it has on file with FERC effective rate schedules to make sales of electric energy, capacity, and ancillary services at market-based rates in compliance with the FPA and that such rate schedules are in full force and effect. *** CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION
