Common use of True-Up Report Clause in Contracts

True-Up Report. No later than twenty (20) Business Days following the Completion Deadline, VSD shall deliver to Purchaser a true-up report that contains the information specified in Schedule 10 (the “True-Up Report”) and a revised Base Case Model that reflects the information in the True-Up Report (the “True-Up Base Case Model”). If the True-Up Report indicates that the aggregate of the System Purchase Prices for all Purchased Systems has left a net credit balance or debit balance, such balance, plus 5% interest thereon accruing from the date the Party owed the credit effectively advanced the amounts now being credited, shall be paid in cash to the applicable Sellers by Purchaser or to Purchaser by VSD (on behalf of both Sellers), whichever is appropriate, within ten (10) calendar days after issuance of the True-Up Report; provided, however, that (i) no True-Up Report will include information on, or require a payment in connection with, any Deficient Projects, Cancelled Projects or Change Orders to the extent a Refund Credit has already been utilized or a Substituted Project has been substituted therefor, and (ii) in no event will Purchaser be obligated to make a payment hereunder that causes the total Capital Contributions of the Investor in connection with Purchased Systems to exceed the Investor Contribution Cap. Development, EPC and Purchase Agreement

Appears in 6 contracts

Samples: Development, Epc and Purchase Agreement (Vivint Solar, Inc.), Development, Epc and Purchase Agreement (Vivint Solar, Inc.), Development, Epc and Purchase Agreement (Vivint Solar, Inc.)

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True-Up Report. No later than twenty (20) Business Days following the Completion Deadline, VSD shall deliver to Purchaser a true-up report that contains the information specified in Schedule 10 (the “True-Up Report”) and a revised Base Case Model that reflects the information in the True-Up Report (the “True-Up Base Case Model”). If the True-Up Report indicates that the aggregate of the System Purchase Prices for all Purchased Systems has left a net credit balance or debit balance, such balance, plus 5% interest thereon accruing from the date the Party owed the credit effectively advanced the amounts now being credited, shall be paid in cash to the applicable Sellers by Purchaser or to Purchaser by VSD (on behalf of both Sellers), whichever is appropriate, within ten (10) calendar days after issuance of the True-Up Report; provided, however, that (i) no True-Up Report will include information on, or require a payment in connection with, any Deficient Projects, Cancelled Projects or Change Orders to the extent a Refund Credit has already been utilized or a Substituted Project has been substituted therefor, and (ii) in no event will Purchaser be obligated to make a payment hereunder that causes the total Capital Contributions of the Investor in connection with Purchased Systems to exceed the Investor Contribution Cap. Development, EPC and Purchase Agreement.

Appears in 3 contracts

Samples: Development, Epc and Purchase Agreement (Vivint Solar, Inc.), Development, Epc and Purchase Agreement (Vivint Solar, Inc.), Development, Epc and Purchase Agreement (Vivint Solar, Inc.)

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