Total Utility Plant. For the purposes of this Subsection (a), “Special Assets” means capital assets that constitute utility or non-utility plant and that: (1) taking into account any substantially contemporaneous or otherwise related sale, transfer, lease or other disposition, increase the generating capacity of the System or any generating plant of the Borrower by more than 5%; (2) are not subject to the lien of the Indenture and are not nuclear fuel; or (3) are not used or useful as a part of the System.
Appears in 7 contracts
Samples: Loan Contract (Oglethorpe Power Corp), Loan Contract (Oglethorpe Power Corp), Loan Contract (Oglethorpe Power Corp)