Acceptable Order definition

Acceptable Order shall have the meaning set forth in Section 5.8(a).
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Acceptable Order means (i) affirmation that the acquisition of the Project by Buyer is reasonable and prudent; (ii) approval for Buyer to include the Base Purchase Price of the Project in its rate base, (iii) recognition of the fuel costs associated with operation of the Project, and approval of the rate adjustments necessary to allow full recovery by Buyer of the non-fuel costs of operating and maintaining the Project (provided that such operating and maintenance costs will be determined by Buyer in a manner consistent with how such costs have been determined by Buyer at its other owned generating plants and previously approved by the MPSC), other than a de minimis reduction (provided that if such reduction (A) is more than 1% of the annual non-fuel operating and maintenance costs of the Project, the Parties shall confer to determine the effects of such reduction and the appropriate response thereto and (B) is more than 5% of the annual non-fuel operating and maintenance costs of the Project, Buyer may at its option on 10 days’ prior notice to Seller terminate this Agreement; and in the case of each of the approvals set forth in clauses (ii) and (iii), without the imposition of other conditions that taken in the aggregate would have the effect of reducing such recovery (other than any de minimis reduction).
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Acceptable Order means a Final Order (or other written communication reasonably satisfactory to Parent) that includes all of the items set forth in Section 5.8 of the Parent Disclosure Letter, except to the extent that the failure to include any such items or the inclusion of any additional terms or conditions would not reasonably be expected to have, individually or in the aggregate, a Parent Material Adverse Effect, a Company Material Adverse Effect or a Regulated Business Material Adverse Effect, in each case after giving effect to the items set forth in Section 5.8 of the Parent Disclosure Letter. For the avoidance of doubt, the Parties agree that in determining whether a Company Material Adverse Effect or a Regulated Business Material Adverse Effect has occurred for the purposes of this Section 5.8, the standard from which such determinations shall be made will be the state of the Company or the Regulated Businesses, as the case may be, as it would be if all of the items set forth in Section 5.8 of the Parent Disclosure Letter were implemented and in effect. Any additional terms and conditions contained in an Acceptable Order, other than the terms and conditions set forth in Section 5.8 of the Parent Disclosure Letter, shall not necessarily preclude such order from being an Acceptable Order but shall be considered in the determination as to whether the condition set forth in Section 6.2(c) has been satisfied.
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Examples of Acceptable Order in a sentence

  • The Buyer Approvals and the Acceptable Order by the MPSC shall have been duly obtained, made or given and shall be in full force and effect, and all terminations or expirations of waiting periods imposed by any Governmental Authority shall have occurred; provided, however, that the absence of any appeals and the expiration of any appeal period with respect to any of the foregoing shall not constitute a condition to Closing hereunder.

  • Any additional terms and conditions contained in an Acceptable Order, other than the terms and conditions set forth in Section 5.8 of the Parent Disclosure Letter, shall not necessarily preclude such order from being an Acceptable Order but shall be considered in the determination as to whether the condition set forth in Section 6.2(c) has been satisfied.

  • All or any part of the outstanding Eurodollar Loans and Alternate Base Rate Loans may be converted as provided herein; provided that (i) no Loan may be converted into a Eurodollar Loan when any Default has occurred and is continuing and (ii) no Loan may be converted into a Eurodollar Loan (x) prior to the date that the Borrower delivers an Acceptable Order to the Agent or (y) after the date that is one month prior to the Termination Date.

  • Section 2.1( A) describes the “Settlement Effective Date” of the Settlement, which shall be the first (1st) day of the first (1st) calendar month following the date on which a Commission order approving the Settlement becomes an Acceptable Order.

  • In addition to the foregoing, if an Acceptable Order Authorizing Interest Payment occurs, all Tax and Interest Reserve Funds on deposit in the Real Estate Tax and Interest Reserve Subaccount shall be immediately released to the Cash Collateral Account.

  • The “Settlement Effective Date” is the first (1st) day of the first (1st) calendar month following the date on which a Commission order approving the Settlement becomes an Acceptable Order.

  • Receipt of an Acceptable Order in the above-captioned docket shall constitute termination of the proceeding effective immediately.


More Definitions of Acceptable Order

Acceptable Order means a final Commission order, no longer subject to rehearing or appeal, approving the Settlement as filed and without modification or condition, with the exception of ministerial conditions necessary to implement the Settlement (referred to herein as “without modification or condition”).
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Acceptable Order means a final Commission order, no longer subject to rehearing or appeal, approving the Settlement as filed and without modification or condition, with the exception of ministerial conditions necessary to implement the Settlement (referred to herein as “without modification or condition”). For purposes of the preceding sentence an order shall be considered final and no longer subject to rehearing or appeal if: (i) after thirty (30) days elapse from the issuance date of the order, no request(s) for rehearing of the order has been filed; or (ii) in the event a request for rehearing has been filed, then the order shall be considered final and no longer subject to rehearing or appeal if, after sixty (60) days elapse from the issuance date of the order on rehearing, no petition(s) for review in an appropriate circuit court of appeals of the relevant order(s) has been filed. In the event that a petition for review in the appropriate circuit court of appeals is filed, this Settlement shall terminate and become null and void. The foregoing assumes that the thirtieth (30th) and the sixtieth (60th) day, as applicable, is a business day; if it is not, then the order shall be final and no longer subject to rehearing or appeal at the end of the first business day after the thirtieth (30th) or the sixtieth (60th) day, as applicable, if no request(s) for rehearing or petition(s) for review, as applicable, has been filed.
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Acceptable Order means an order of the FERC in form and substance reasonably acceptable to the Agent granting the application of the Borrower encaptioned 'Application for Authorization of the Issuance of Securities and Authorization for Exemption from Competitive Bidding and Negotiated Offer Requirements', which application was submitted to the FERC on June 8, 1999 under Docket No. ES99- 41-000. 'Affected Lender' shall have the meaning ascribed thereto in Section 2.18. 'Affiliate' shall mean, as to any Person, any other Person which, directly or indirectly, is in control of (including all directors and officers of such Person), is controlled by, or is under common control with, such Person. For purposes of this definition, 'control' of a Person shall mean the power, directly or indirectly, to direct or cause the direction of the management and policies of such Person, whether by ownership of voting securities, by contract or otherwise. 'Agent' shall have the meaning ascribed thereto in the heading hereto and shall include such other Lender or ▇▇▇▇▇ cial institution as shall have subsequently been appointed as the successor Agent pursuant to Section 8.9.
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Related to Acceptable Order

  • Applicable Orders means those orders or decrees of governmental authorities identified on Schedule 2 to the Opinion Support Certificate, which have been certified by officers of the General Partner as being every order or decree of any governmental authority by which the Partnership or any of its subsidiaries or any of their respective properties is bound, that is material in relation to the business, operations, affairs, financial condition, assets, or properties of the Partnership and its subsidiaries, considered as a single enterprise. However, officers of the General Partner have certified in the Opinion Support Certificate that there are no Applicable Orders.

  • Acceptable Waste means Mixed Municipal Solid Waste that meets the requirements of the Facility as determined by the City and consistent with City and County solid waste ordinances, but specifically excludes Unacceptable Waste.

  • Blanket Order means the agreement wherein a vendor will sell certain items to the Township for an agreed period of time with established terms and conditions.

  • Sale Order means an Order of the Bankruptcy Court approving this Agreement and the transactions contemplated hereby, which Order shall be in the form attached hereto as Exhibit A, with such changes as may be consented to by Buyer (which consent shall not be unreasonably withheld, conditioned or delayed) or as the Parties may mutually agree.

  • Acceptable Bank means (a) a bank or financial institution which has a rating for its long-term unsecured and non credit-enhanced debt obligations of A- or higher by S&P or A2 or higher by Moody's or a comparable rating from an internationally recognized credit rating agency; or (b) any other bank or financial institution approved by each Agent.