REC Agreements Sample Clauses

REC Agreements. (i) Breach of a REC Agreement by an Idaho Wind Entity and such breach results in a default under the REC Agreement that would immediately, or with the passage of the applicable grace period or the giving of notice or both, enable the REC Purchaser to terminate such REC Agreement and such breach is not remediable, or if remediable, shall continue unremedied for a period equal to the lesser of the cure period provided under such REC Agreement or 30 days; (ii) material breach of a REC Agreement by a party (other than an Idaho Wind Entity) that is not remediable, or if remediable, shall continue unremedied for 45 days after an Idaho Wind Entity receives notice of such breach unless such REC Agreement has been replaced (if capable of being replaced) within 90 days by a replacement agreement in form and substance reasonably satisfactory to the Administrative Agent; (iii) an Idaho Wind Entity shall repudiate its obligations under any REC Agreement; (iv) a party (other than an Idaho Wind Entity) shall repudiate its obligations under any REC Agreement unless such REC Agreement has been replaced (if capable of being replaced) within 90 days by a replacement agreement in form and substance reasonably satisfactory to the Administrative Agent; or (v) any REC Agreement shall terminate or otherwise cease to be valid and binding on the parties thereto (other than upon expiry) unless such REC Agreement has been replaced (if capable of being replaced) within 90 days by a replacement agreement in form and substance reasonably satisfactory to the Administrative Agent; provided that it shall not be an event of default hereunder if (1) there are no Obligations in respect of Tranche C Loans that are REC Loans outstanding under this Credit Agreement (and for the avoidance of doubt, in the event that an Obligor is a party to a REC Agreement but there are no Obligations in respect of Tranche C Loans that are REC Loans outstanding under this Credit Agreement, Section 8.7(a) shall apply in respect of breaches of such REC Agreement, as applicable) or (2) Borrower demonstrates, after giving effect to such breach or termination of the applicable REC Agreement, that the Projected Debt Service Coverage Ratio, calculated on a pro forma basis, is not below (i) 1.30:1.00 according to the P50 Production Scenario and (ii) 1.00:1.00 according to the P99 Production Scenario; in each case, based upon the applicable Base Case Projections delivered to Administrative Agent hereunder (which Base Case...
Sample 1
AutoNDA by SimpleDocs
REC Agreements. On and after the Closing Date, Sellers will: (a) cause Xxxxxxx, or such other entity as contemplated in Section 2.4(b), to pay, perform and discharge when due all Liabilities and obligations, and (b) indemnify, defend and hold harmless the Company against and in respect of all Losses, in each case, that arise out of the Company’s sale or delivery of Pre-Closing REC Rights under all agreements of the Company for the sale or delivery of Pre-Closing REC Rights on or prior to the Closing Date, including but not limited to agreements which are set forth as items 14, 17, 18, 28, 34, 35, 37, and 41 of Schedule 4.6(a) to the Agreement; provided however this Section 6.18 shall not apply to the Company’s performance of its obligations under the Dominion Agreement on and after January 1, 2009, as set forth in items 29 and 36 of Schedule 4.6(a) to the Agreement.” 13. Section 8.1 of the Agreement is amended as follows: (a) Section 8.1(l) is amended to add a new subsection (10) to read in its entirety:
Sample 1

Related to REC Agreements

  • HHSC Agreements A. To pay the Contractor for services provided under the Contract type specified in Section I of this Contract in amounts and under conditions determined by HHSC as defined in this Contract, the applicable Contractor manual, handbook, policy letter or program rules and standards and in accordance with applicable laws and regulations for all eligible persons receiving such services under Title XIX and or Title XX. B. To pay the Contractor within time limits set by HHSC and in accordance with applicable laws and regulations after a proper claim for payment is submitted and approved for payment in accordance with HHSC's Claims Administrator billing guidelines. C. To adjust payments to the Contractor to compensate for prior overpayment or underpayment. D. To give the Contractor reasonable notice of any impending change in its status as a participating Contractor, except that nothing in this section shall be construed to deny HHSC the right, for failure to comply with this Contract or regulations published in the Texas Register, to terminate this Contract, suspend payments or take any other legal remedy available to HHSC. E. To provide a hearing, in accordance with TAC, Title 1, Part 15, Chapter 357, Subchapter I, or its successor to the Contractor in the event HHSC imposes an adverse action on the Contractor under this Contract. F. To make available to the Contractor the applicable Contractor manual and any changes to that manual that change the requirements for participation. G. That a religious organization that contracts with HHSC does not by contracting with HHSC lose the exemption provided under Section 702 of the Civil Rights Act [42 U.S.C. §2000E-1(a)] regarding employment practices. A religious or charitable organization is eligible to be a Contractor on the same basis as any other private organization. The Contractor retains its independence from state and local governments, including the Contractor's control over the definition, development, practice and expression of its charitable or religious beliefs. Except as provided by federal law, HHSC shall not interpret this Contract to require a charitable or religious organization to alter its form of internal governance or remove religious art, icons, scripture or other symbols. Furthermore, if a religious or charitable organization segregates the government funds provided under this Contract, then only the financial assistance provided by these funds will be subject to audit. However, neither HHSC's selection of a charitable or faith-based Contractor nor the expenditure of funds under this Contract is an endorsement of the Contractor's charitable or religious character, practices or expression. The purpose of this Contract is the provision of community services. No state expenditures have as their objective the funding of sectarian worship, instruction or proselytization, and no state funds shall be expended for these purposes.

  • Specific Agreements 1. Investments made pursuant to a specific agreement concluded between one Contracting Party and investors of the other Party shall be covered by the provisions of this Agreement and by those of the specific agreement. 2. Each Contracting Party undertakes to ensure at all times that the commitments it has entered into vis-à-vis investors of the other Contracting Party shall be observed.

  • Sub-Agreements Party shall not assign, subcontract or subgrant the performance of this Agreement or any portion thereof to any other Party without the prior written approval of the State. Party shall be responsible and liable to the State for all acts or omissions of subcontractors and any other person performing work under this Agreement pursuant to an agreement with Party or any subcontractor.

  • Existing Agreements The Executive represents to the Company that he is not subject or a party to any employment or consulting agreement, non-competition covenant or other agreement, covenant or understanding which might prohibit him from executing this Agreement or limit his ability to fulfill his responsibilities hereunder.

  • Tax Agreements The Company is not a party to or bound by any tax sharing agreement, tax indemnity obligation or similar agreement with respect to Taxes, including any advance pricing agreement, closing agreement or other agreement relating to Taxes with any taxing authority.

  • Superseded Agreements This Service Agreement supersedes and cancels, as of the effective date hereof, the following Service Agreement(s): N/A.

  • Lock-Up Agreements At the date of this Agreement, the Representatives shall have received an agreement substantially in the form of Exhibit C hereto signed by the persons listed on Schedule D hereto.

  • Certain Agreements Without the prior written consent of the Administrator and the Majority Purchaser Agents, the Seller will not amend, modify, waive, revoke or terminate any Transaction Document to which it is a party or any provision of the Seller’s organizational documents which requires the consent of the “Independent Manager”.

  • Acquisition Agreements If the Equipment is subject to any Acquisition Agreement, Lessee, as part of this lease, transfers and assigns to Lessor all of its rights, but none of its obligations (except for Lessee's obligation to pay for the Equipment conditioned upon Lessee's acceptance in accordance with Paragraph 6), in and to the Acquisition Agreement, including but not limited to the right to take title to the Equipment. Lessee shall indemnify and hold Lessor harmless in accordance with Paragraph 19 from any liability resulting from any Acquisition Agreement as well as liabilities resulting from any Acquisition Agreement Lessor is required to enter into on behalf of Lessee or with Lessee for purposes of this lease.

  • Prior Agreements; Amendments This Agreement supersedes all prior agreements and understandings between the parties with respect to the subject matter hereof. This Agreement may be amended only by a written instrument duly executed by the parties hereto or their respective successors or assigns.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!