Wholesale Power Contracts. 1. Second Amended and Restated Wholesale Power Contract, dated as of January 1, 2009, by and between ODEC and Rappahannock Electric Cooperative.
Wholesale Power Contracts. One or more Members, the aggregate of which, pursuant to Schedule 5.20 (as updated pursuant to Section 6.1(c)), constitute twenty percent (20%) or more of the Borrower’s gross member revenues, at any time shall (A) be in default in the performance of any payment obligations under its or their Wholesale Power Contracts where the aggregate principal amount of such default or defaults exceeds $25,000,000 and such default or defaults have continued for thirty-five (35) days beyond the due date with respect thereto, (B) have contested the validity or enforceability of its or their Wholesale Power Contracts by filing any official judicial or regulatory filing seeking as a remedy the declaration of the unenforceability or the material modification of its or their Wholesale Power Contracts, and such judicial or regulatory body shall have issued a final and non-appealable order (i) declaring all or a material provision of such Wholesale Power Contract unenforceable, or (ii) modifying such Wholesale Power Contract in any material manner, or (C) have its or their payment obligations under the Wholesale Power Contracts released or terminated (other than in connection with a simultaneous assumption of such obligations by another Member or other assignee; provided that in the case of a non-Member assignee, such assignee must have either (x) a Credit Rating equal to or better than the Credit Rating of the assigning Member as published by S&P, Xxxxx’x or Fitch or (y) if the assigning Member has no such published Credit Rating, a 91 0000-0000-0000.14875-3923-5757.8
Wholesale Power Contracts. Promptly following its Knowledge thereof, the Borrower shall provide DOE notice of:
Wholesale Power Contracts. As of the Closing Date:
Wholesale Power Contracts. Attached hereto as Schedule 3.14 is a complete and correct list of all the Wholesale Power Contracts in existence on the date hereof. Each of the Wholesale Power Contracts is in full force and effect.
Wholesale Power Contracts. One or more Members, the aggregate of which at any time constitute twenty-five percent (25%) or more of the Revenues of the Borrower for the previous Fiscal Year, shall default in the performance of any payment obligation under its or their Wholesale Power Contracts where the aggregate amount of such default or defaults exceeds $50,000,000 and such default or defaults have continued for 35 days beyond the due date with respect thereto unless within 60 days thereafter Borrower raises rates which could, in the judgment of the Required Lenders, be expected to recover the reduction in Revenues attributable to such default.
Wholesale Power Contracts. ODEC will not amend, or waive any provision under, any Wholesale Power Contract if, following such amendment or waiver, ODEC does not have Compliant Contracts with Members that, as of the year ended December 31, 2022, accounted for at least 75% of ODEC’s revenue under all Wholesale Power Contracts.
Wholesale Power Contracts. The Borrower has heretofore delivered to the Administrative Agent complete and correct copies of the forms of the Wholesale Power Contracts and each amendment and supplement thereto (except for schedules to the Wholesale Power Contracts related to points of delivery for members, list of contracts with members, resale at wholesale of electricity by members, or an excerpt of a provision from Borrower’s contracts with the United States of America entitled “Resale of Electric Service”), and each of the Wholesale Power Contracts in effect on the date hereof (which are listed on Schedule 5.22) is substantially similar in all material respects to such forms. The Borrower has not been informed of any condition or circumstance that would impair any Member’s ability to perform its obligations under any Wholesale Power Contract to which it is a party and that could reasonably be expected (either individually or in the aggregate) to result in a Material Adverse Effect.
Wholesale Power Contracts. The several wholesale power contracts between Old Dominion and the Old Dominion Members for the purchase of electric energy and capacity by the Old Dominion Members from Old Dominion, as in effect from time to time.
Wholesale Power Contracts. The Borrower has heretofore delivered to the Administrative Agent complete and correct copies of forms of the Wholesale Power Contract and each amendment and supplement agreement thereto, and each of the Wholesale Power Contracts in effect on the date hereof (which are listed in Schedule 3.17) are substantially similar in all respects to such forms. To the best of the Borrower’s knowledge, after due inquiry, there is no condition or circumstance that would impair any Member’s ability to perform its obligations under any Wholesale Power Contract to which it is a party.
