PEA STRANDED COST Sample Clauses

PEA STRANDED COST. Notwithstanding the above, the Sellers shall also reimburse the Purchaser for out of market costs incurred by the Companies and its Affiliates relating to the ("POWER EXCHANGE AGREEMENT") for the ("NORNED CABLE PROJECT"), provided, however, that under no circumstances shall the aggregate amount of Sellers' Refund Obligation exceed Sellers' Maximum Refund Obligation. For the purpose of this Article 2.4.6 "out of market costs' or "out of market losses" shall be calculated by discounting the cash flows with the Purchaser's weighted average cost of capital as of the date of such valuation, on an after-tax basis.
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Related to PEA STRANDED COST

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  • Potential Six-Month Delay Notwithstanding anything to the contrary in this Agreement, no amounts payable under this Agreement shall be paid to the Participant prior to the expiration of the 6-month period following his “separation from service” (within the meaning of Treasury Regulation Section 1.409A-1(h)) (a “Separation from Service”) to the extent that the Company determines that paying such amounts prior to the expiration of such 6-month period would result in a prohibited distribution under Section 409A(a)(2)(B)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first business day following the end of the applicable 6-month period (or such earlier date upon which such amounts can be paid under Section 409A of the Code without resulting in a prohibited distribution, including as a result of the Participant’s death), such amounts shall be paid to the Participant.

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