Common use of Variable Interest Entity Clause in Contracts

Variable Interest Entity. Seller shall supply Buyer with any information necessary for the Buyer to determine if the Seller is a variable interest entity as defined under U.S. Generally Accepted Accounting Principles, and to determine if this Agreement is a lease under U.S. Generally Accepted Accounting Principles. If it is determined that the Seller is a variable interest entity and that Buyer will be required to include Seller in its consolidated financial statements or required to make certain disclosures, or that this Agreement is a lease, Buyer shall so notify Seller in writing. Within a time frame mutually agreed to by Xxxxx and Seller, Seller shall provide to Buyer written quarterly reports containing any and all financial data associated with the Seller and the Plant associated with this Agreement or any other information that the Buyer determines in its sole discretion is required to comply with the accounting treatment associated with these accounting standards or future applicable accounting standards. Such information may include, but shall not be limited to, nameplate capacity of the facility, megawatt-hours of electricity produced and used by the Plant, data supporting the economic life (both initial and remaining) of the Plant, the fair market value of the Plant, and any and all other costs (including costs of debt specific to the Plant) associated with the Seller. Further, if it is determined that the Seller is a variable interest entity and that Buyer will be required to include Seller in its consolidated financial statements, Seller shall also provide the following on a quarterly basis: (i) Quarterly financial statements prepared in accordance with generally accepted accounting principles; (ii) Descriptions of the following obligations of Seller for the immediately preceding calendar quarter: (A) On-balance sheet obligations; (B) Purchase obligations; (C) Lease obligations and commitments; (D) Off-balance sheet commitments; and (E) Contingent obligations; (F) Total generating capacity; (iii) All material contracts (or summaries if the original contracts are not immediately available) of Seller then in effect, together with any related agreements, if any, including, but not limited to: (A) Equity-related agreements; (B) Debt and other borrowings; (C) Material asset or stock acquisitions or dispositions; (D) Documents under which guarantees or indemnities have been provided; (E) Material supplier and customer contracts; (F) Related-party contracts; (G) Documents related to material hedging activities; (H) Contingent obligations and financial commitments; (I) Leasing arrangements and off-balance sheet obligations; and (J) Management and outsourcing contracts. (iv) Business plans and financial projections.

Variable Interest Entity. Seller shall supply Buyer with any information necessary for the Buyer to determine if the Seller is a variable interest entity as defined under U.S. Generally Accepted Accounting Principles, and to determine if this Agreement is a lease under U.S. Generally Accepted Accounting Principles. If it is determined that the Seller is a variable interest entity and that Buyer will be required to include Seller in its consolidated financial statements or required to make certain disclosures, or that this Agreement is a lease, Buyer shall so notify Seller in writing. Within a time frame mutually agreed to by Xxxxx Buyer and Seller, Seller shall provide to Buyer written quarterly reports containing any and all financial data associated with the Seller and the Plant associated with this Agreement or any other information that the Buyer determines in its sole discretion is required to comply with the accounting treatment associated with these accounting standards or future applicable accounting standards. Such information may include, but shall not be limited to, nameplate capacity of the facility, megawatt-hours of electricity produced and used by the Plant, data supporting the economic life (both initial and remaining) of the Plant, the fair market value of the Plant, and any and all other costs (including costs of debt specific to the Plant) associated with the Seller. Further, if it is determined that the Seller is a variable interest entity and that Buyer will be required to include Seller in its consolidated financial statements, Seller shall also provide the following on a quarterly basis: (i) Quarterly financial statements prepared in accordance with generally accepted accounting principles; (ii) Descriptions of the following obligations of Seller for the immediately preceding calendar quarter: (A) On-balance sheet obligations; (B) Purchase obligations; (C) Lease obligations and commitments; (D) Off-balance sheet commitments; and (E) Contingent obligations; (F) Total generating capacity; (iii) All material contracts (or summaries if the original contracts are not immediately available) of Seller then in effect, together with any related agreements, if any, including, but not limited to: (A) Equity-related agreements; (B) Debt and other borrowings; (C) Material asset or stock acquisitions or dispositions; (D) Documents under which guarantees or indemnities have been provided; (E) Material supplier and customer contracts; (F) Related-party contracts; (G) Documents related to material hedging activities; (H) Contingent obligations and financial commitments; (I) Leasing arrangements and off-balance sheet obligations; and (J) Management and outsourcing contracts. (iv) Business plans and financial projections.

Variable Interest Entity. Seller shall supply Buyer with any information necessary for the Buyer to determine if the Seller is a variable interest entity as defined under U.S. Generally Accepted Accounting Principles, and to determine if this Agreement is a lease under U.S. Generally Accepted Accounting Principles. If it is determined that the Seller is a variable interest entity and that Buyer will be required to include Seller in its consolidated financial statements or required to make certain disclosures, or that this Agreement is a lease, Buyer shall so notify Seller in writing. Within a time frame mutually agreed to by Xxxxx Buyer and Seller, Seller shall provide to Buyer written quarterly reports containing any and all financial data associated with the Seller and the Plant associated with this Agreement or any other information that the Buyer determines in its sole discretion is required to comply with the accounting treatment associated with these accounting standards or future applicable accounting standards. Such information may include, but shall not be limited to, nameplate capacity of the facility, megawatt-hours of electricity produced and used by the Plant, data supporting the economic life (both initial and remaining) of the Plant, the fair market value of the Plant, and any and all other costs (including costs of debt specific to the Plant) associated with the Seller. Further, if it is determined that the Seller is a variable interest entity and that Buyer will be required to include Seller in its consolidated financial statements, Seller shall also provide the following on a quarterly basis: (i) Quarterly financial statements prepared in accordance with generally accepted accounting principles; (ii) Descriptions of the following obligations of Seller for the immediately preceding calendar quarter: (A) On-balance sheet obligations; (B) Purchase obligations; (C) Lease obligations and commitments; (D) Off-balance sheet commitments; and (E) Contingent obligations; (F) Total generating capacity; (iii) All material contracts (or summaries if the original contracts are not immediately available) of Seller then in effect, together with any related agreements, if any, including, but not limited to: (A) Equity-related agreements; (B) Debt and other borrowings; (C) Material asset or stock acquisitions or dispositions; (D) Documents under which guarantees or indemnities have been provided; (E) Material supplier and customer contracts; (F) Related-party contracts; (G) Documents related to material hedging activities; (H) Contingent obligations and financial commitments; (I) Leasing arrangements and off-balance sheet obligations; and (J) Management and outsourcing contracts. (iv) Business plans and financial projections.

Variable Interest Entity. Seller shall supply Buyer with any information necessary for the Buyer to determine if the Seller is a variable interest entity as defined under U.S. Generally Accepted Accounting Principles, and to determine if this Agreement is a lease under U.S. Generally Accepted Accounting Principles. If it is determined that the Seller is a variable interest entity and that Buyer will be required to include Seller in its consolidated financial statements or required to make certain disclosures, or that this Agreement is a lease, Buyer shall so notify Seller in writing. Within a time frame mutually agreed to by Xxxxx and Seller, Seller shall provide to Buyer written quarterly reports containing any and all financial data associated with the Seller and the Plant associated with this Agreement or any other information that the Buyer determines in its sole discretion is required to comply with the accounting treatment associated with these accounting standards or future applicable accounting standards. Such information may include, but shall not be limited to, nameplate capacity of the facility, megawatt-hours of electricity produced and used by the Plant, data supporting the economic life (both initial and remaining) of the Plant, the fair market value of the Plant, and any and all other costs (including costs of debt specific to the Plant) associated with the Seller. Further, if it is determined that the Seller is a variable interest entity and that Buyer will be required to include Seller in its consolidated financial statements, Seller shall also provide the following on a quarterly basis: (i) Quarterly financial statements prepared in accordance with generally accepted accounting principles; (ii) Descriptions of the following obligations of Seller for the immediately preceding calendar quarter: (A) On-balance sheet obligations; (B) Purchase obligations; (C) Lease obligations and commitments; (D) Off-balance sheet commitments; and (E) Contingent obligations; (F) Total generating capacity; (iii) All material contracts (or summaries if the original contracts are not immediately available) of Seller then in effect, together with any related agreements, if any, including, but not limited to: (A) Equity-related agreements; (B) Debt and other borrowings; (C) Material asset or stock acquisitions or dispositions; (D) Documents under which guarantees or indemnities have been provided; (E) Material supplier and customer contracts; (F) Related-party contracts; (G) Documents related to material hedging activities; (H) Contingent obligations and financial commitments; (I) Leasing arrangements and off-balance sheet obligations; and (J) Management and outsourcing contracts. (iv) Business plans and financial projections.

Variable Interest Entity. Seller shall supply Buyer with any information necessary for the Buyer to determine if the Seller is a variable interest entity as defined under U.S. Generally Accepted by Financial Accounting PrinciplesStandards Board Accounting Standards Codification Topic 810, Consolidations, and to determine if this Agreement is a capital lease under U.S. Generally Accepted in accordance with Accounting PrinciplesStandards Codification Topic 840, Leases. If it is determined that the Seller is a variable interest entity and that Buyer will be required to include Seller in its consolidated financial statements or required to make certain disclosures, or that this Agreement is a capital lease, Buyer shall so notify Seller in writing. Within a time frame mutually agreed to by Xxxxx Buyer and Seller, Seller shall provide to Buyer written quarterly reports containing any and all financial data associated with the Seller and the Plant associated with this Agreement or any other information that the Buyer determines in its sole discretion is required to comply with the accounting treatment associated with these accounting standards or future applicable accounting standards. Such information may include, but shall not be limited to, nameplate capacity of the facilityPlant, megawatt-hours of electricity produced and used by the Plant, data supporting the economic life (both initial and remaining) of the Plant, the fair market value of the Plant, and any and all other costs (including costs of debt specific to the Plant) associated with the Seller. Further, if it is determined that the Seller is a variable interest entity and that Buyer will be required to include Seller in its consolidated financial statements, Seller shall also provide the following on a quarterly basis: (i) Quarterly financial statements prepared in accordance with generally accepted accounting principles; (ii) Descriptions of the following obligations of Seller for the immediately preceding calendar quarter: (A) On-balance sheet obligations; (B) Purchase obligations; (C) Lease obligations and commitments; (D) Off-balance sheet commitments; and (E) Contingent obligations; (F) Total generating capacity; (iii) All material contracts (or summaries if the original contracts are not immediately available) of Seller then in effect, together with any related agreements, if any, including, but not limited to: (A) Equity-related agreements; (B) Debt and other borrowings; (C) Material asset or stock acquisitions or dispositions; (D) Documents under which guarantees or indemnities have been provided; (E) Material supplier and customer contracts; (F) Related-party contracts; (G) Documents related to material hedging activities; (H) Contingent obligations and financial commitments; (I) Leasing arrangements and off-balance sheet obligations; and (J) Management and outsourcing contracts. (iv) Business plans and financial projections.