Priority of Transaction. Buyers will take no action which will prevent or unduly delay the issuance of any required regulatory clearance relating to the transactions contemplated by this Agreement. In the event of a conflict between the transactions proposed in this Agreement and another subsequent transaction involving the Buyers, Buyer will defer, delay, or terminate such other transaction if necessary to permit the grant of required regulatory consent for the transactions contemplated herein.
Priority of Transaction. Buyer shall have a Call Option to Schedule and Dispatch the Contract Quantity of Capacity and receive the associated Energy from the Facilities. To the extent Buyer does not exercise its Call Option to Schedule and Dispatch any portion of the Contract Quantity of Capacity on any given Day, Seller may sell to a third party the undispatched portion of the Energy associated with the Contract Quantity of Capacity. Seller’s obligations with respect to theThe sale of the Contract Quantity of Capacity and of the associated Energy shall have priority over all other sales of Capacity or Energy by Seller from the Facilities [with the exception of the use by Seller of the Facility Requirements; provided, however, that if under the Open Access Transmission Tariff of the Entergy System, or any successor tariff, the sale of the Contract Quantity of Capacity and associated Energy shall be entitled to priority over the Facility Requirements, then the sale of the Contract Quantity Capacity and associated Energy shall have priority over all Facility Requirements and all other sales of Capacity or Energy from the Facilities]. Seller agrees that, notwithstanding the Unit Contingent nature of the sale of the Contract Quantity of Capacity and the associated Energy under this Transaction, it will not curtail or otherwise reduce deliveries of the Contract Quantity of Capacity or associated Energy unless and until all other sales of Capacity or Energy from the Facilities have been completely curtailed[, except as provided above in respect of the Facility Requirements.]
Priority of Transaction. (a) Buyer shall have a Call Option to Schedule and Dispatch the Contract Quantity of Capacity and receive the associated energy from the Facilities. To the extent Buyer does not exercise its Call Option to Schedule and Dispatch the Contract Quantity of Capacity for a portion of any given Day, Seller may sell to a third party the undispatched portion of the energy associated with the Contract Quantity of Capacity.
Priority of Transaction. The sale of the Contract Quantity of Capacity, associated energy and Other Associated Electric Products shall be (i) be subordinate to the Facility Requirements and (ii) be senior to and have priority over all other sales or uses of Capacity or energy or Other Associated Electric Products by Seller from the Facilitythat do not constitute Facility Requirements; provided, however, that if the Open Access Transmission Tariff of the Entergy System or any successor tariff or applicable Law requires that the sale of the Contract Quantity of Capacity, associated energy or any of the Other Associated Electric Products have priority over one or more of the Facility Requirements, then the sale of the Contract Quantity of Capacity and associated energy and Other Associated Electric Products shall have priority over all such Facility Requirements and all other sales of Capacity, energy or Other Associated Electric Products from thethat do not constitute Facility.
