Put Period. (i) Each Putting Member (together with its respective Permitted Transferees that have become Members) shall be eligible to deliver a Put Notice in accordance with Section 12.5.1(a) (A) during the period commencing on January 1, 2023, and ending on January 31, 2023, and thereafter, annually during each January thereafter (the "Annual Trigger") and (B) to the extent NBM remains a Member, if a NBM Change of Control occurs, within 60 days of the NBM Change of Control (the "COC Trigger"); provided, however, that upon delivery of notice to the Minority Members that a lender or the agent holding a Permitted Financing Pledge intend to exercise remedies thereunder that will result in an NBM Change of Control (such notice being an "Enforcement Notice"), each Putting Member (together with its respective Permitted Transferees that have become Members) shall instead be required to deliver a Put Notice in accordance with Section 12.5.1(a) within ten Business Days after the date of the Enforcement Notice and any failure to deliver such Put Notice within such ten Business Day period shall be deemed a waiver of the put rights of the Putting Members and their Permitted Transferees pursuant to this Section 12.5.1(b)(i)(B) (it being acknowledged that nothing in this Section shall require any holder of a Permitted Financing Pledge to deliver any Enforcement Notice). Notwithstanding anything to the contrary herein, (1) no Putting Member may provide a Put Notice pursuant to this Section 12.5.1 with respect to less than 20% of such Putting Member's Put Base Amount, and (2) if NBM or its Permitted Transferee has notified the Putting Members and their respective Permitted Transferees that such Person has, in good faith, taken steps to sell the Company, the applicable Put Election Period shall be tolled for a period not to exceed 120 days to permit such Person to implement such sale.
(ii) With respect to USPB, USPB shall also have the right to deliver a Put Notice to NBM at any time during the period commencing on the date on which USPB is no longer obligated to deliver cattle to the Company pursuant to the Cattle Purchase and Sale Agreement (the "Cattle Agreement Trigger") and ending 180 days thereafter. With respect to New Kleinco, New Kleinco shall also have the right to deliver a Put Notice to NBM at any time during the period commencing on the date on which Xxxxx is no longer employed by the Company (the "Xxxxx Separation Trigger") and ending 180 days thereafter. Any Trigger is...
Put Period. PSC agrees that for the period beginning on the date hereof and ending sixty (60) calendar days after the date hereof (the “Put Period”), it shall exercise commercially reasonable efforts, with the assistance of an independent broker, to sell for a price at or in excess of U.S. $25.00 per share any of the 330,708 shares of Common Stock previously acquired pursuant to the SPA and held as of the date hereof (the “Initial Shares”).
Put Period. The Put Right shall be exercisable by NEH by delivering a Put Exercise Notice (defined below) at any time during the period (the “Exercise Period”) commencing on (and including) the earlier of (i) March 31, 2010 and (ii) the occurrence of a Toshiba Event, and ending on the earlier of (x) the date that is 30 days after receipt by NEH of the consolidated financial statements (prepared in accordance with US GAAP) of the HoldCos for the period ending September 30, 2012 and (y) February 28, 2013 (such earlier date, the “Exercise Period End Date”). For the avoidance of doubt, if the Put Exercise Notice is not delivered on or before the Exercise Period End Date, the Exercise Period shall automatically expire, and the Put Right shall thereafter be of no further force or effect, at 11:59:59 p.m. on Exercise Period End Date. Once the Put Right is exercised, NEH shall have no Put Right on the remaining Shares, if any.
Put Period. 11 SECTION 3.03
Put Period. The "Put Period" shall be the period commencing on the third anniversary of the Closing and ending on the sixth anniversary of the Closing. In addition, a "Put Event Period" shall also commence on the occurrence of a Put Event and shall continue for ninety (90) days thereafter.
Put Period. During the thirty (30) day period ending on December 15, 2020 (the “Put Period”), the Investor Member shall have the right to exercise an option to require the Company to redeem all but not less than all of the Investor Member’s Interest (the “Put Option”) by delivering a Notice (the “Put Notice”) to the Company, which Put Notice shall be irrevocable. Upon receipt of the Put Notice, the Administrative Member shall be obligated to pay the Put Price and cause the Company to redeem the Investor Member’s Interest as set forth in Section 8.3D.
Put Period. If the Call is not exercised within the Call Period, then for the period commencing on the date (the "Put Commencement Date") which is five (5) years after the date hereof, and ending on the later of (x) the one hundred eightieth (180th) day after the Put Commencement Date, or (y) the tenth (10th) day following delivery of the Put Reminder Notice (such period being referred to as the "Put Period"), the Class A Partners (or such of the Class A Partners as may elect to exercise their rights under this subparagraph (b), without the requirement for all of the Class A Partners to do so) shall have the right (the "Put") to require the UPREIT to acquire, and upon exercise of the Put the Upreit shall be required to acquire by contribution from such Class A Partners, all of the Retained Interests owned by the exercising Class A Partners for the Put Consideration (as hereinafter defined) allocable to such Class A Partners. The "Put Reminder Notice" means a notice from the UPREIT to the Class A Partners (given not earlier than 30 days prior to the expiration of the 180 day period following the Put Commencement Date) that such 180 day period is about to, or has, expired.
Put Period. Any portion of the Delivery Period for which Seller has exercised its Energy Put Option shall be a “Put Period.” RA Period. Any portion of the Delivery Period for which Seller has not exercised its Energy Put Option shall be an “RA Period.” During any RA Period, Seller shall have the right to dispatch and sell the Capacity, Energy, Ancillary Services Capacity and Associated Ancillary Services Energy from the Project to any third party. Expected Initial Delivery Date. The Expected Initial Delivery Date is [Date; the first day of a calendar month]. If the Project (or any portion thereof) reaches Commercial Operation prior to its Expected Initial Delivery Date, Seller may dispatch and sell the output of such Storage Unit(s) to third parties prior to its Expected Initial Delivery Date (a “Third Party Sale”). Any Third Party Sale shall be limited to a delivery period that occurs before the Expected Initial Delivery Date. Seller shall ensure that such Third Party Sale does not interfere with or otherwise complicate any scheduling, confidentiality or general administrative or operational issues associated with Seller’s exercise of the Energy Put Option for the first Contract Year. Seller shall have the right to all revenues generated from such sale, and will be responsible for any costs, charges, fees, fines, or penalties associated with such sale. Once the Project reaches its Initial Delivery Date, then Seller shall not provide, convey or market the Product or any Resource Adequacy Benefits associated with the Project, in each case with respect to the Delivery Period, to any third party. Initial Delivery Date.
Put Period. Compensation to Seller for the Product for any Put Period shall consist of (a) a Monthly Energy Capacity Payment or Reduced Monthly Energy Capacity Payment calculated in accordance with Sections 3.06, 3.11 and 3.12, and subject to Section 3.05(d); (b) a Variable O&M Payment calculated in accordance with Section 3.08; and (c) a Variable Asset Replacement Payment calculated in accordance with Section 3.14. The Parties may also be liable for an Energy Adjustment Payment in accordance with Section 3.10. Payments will be paid monthly, in arrears, in accordance with Sections 3.01, 3.02, 3.03, and 3.04, for each month of the Put Period.
Put Period. For each Storage Unit, SCE shall make a “Monthly Energy Capacity Payment”, payable in arrears, to Seller for each month of the Put Period. The Monthly Energy Capacity Price for each month of a Put Period is set forth in Exhibit E and is subject to reduction in accordance with this Agreement. If the Monthly Energy Capacity Payment is reduced in accordance with this Agreement, SCE shall make the Reduced Monthly Energy Capacity Payment in lieu of the Monthly Energy Capacity Payment. The Monthly Energy Capacity Payment is as calculated below: “Monthly Energy Capacity Payment” = (A x B x 1,000) where: A = applicable Monthly Energy Capacity Price, and B = Contract Capacity.
