Additional Settling Participant definition
Examples of Additional Settling Participant in a sentence
Termination by Reliant under this Section 12.6, or any other failure of this agreement to become effective as to the California and/or ▇▇▇▇▇ Classes shall in no manner affect Reliant’s settlement with the California Parties, the Other Claimant Parties and any Additional Settling Participant.
Nothing in the Settlement or this Agreement shall preclude or in any way limit the Mirant Parties’ and other Debtors’ defenses against any claims by any parties that the Mirant Parties owe obligations to the CAISO, the PX or any Market Participant or any other entity who is not a Party or an Additional Settling Participant, outside of the obligations arising under this Agreement, with respect to the California and western wholesale electricity markets during the Settlement Period.
The releases Settling Supplier provides in Article VII to the California Parties shall apply to SRP, provided that SRP becomes an Additional Settling Participant, and to the California Electricity Oversight Board.
The Parties acknowledge and agree that upon the filing of this Agreement at FERC, any Market Participant that elects to be bound by this Agreement may become an Additional Settling Participant and shall be bound by the terms hereof by notifying FERC that the Market Participant wishes to become a Settling Participant.
For purposes of clarity, any Additional Settling Participant shall have the same rights and obligations under this Agreement that apply to other Settling Participants, even though such Additional Settling Participants shall not be Parties hereto.
CERS shall use reasonable efforts to obtain a supplemental letter agreement executed by SWP that (i) requires SWP’s prompt opt-in to this Agreement as an Additional Settling Participant, (ii) provides for a stay of litigation while SWP’s opt-in is pending that is consistent with the stays to which CERS has agreed, and (iii) limits SWP’s claims for voting and feasibility purposes in the Bankruptcy Proceedings to SWP’s share under the Allocation Matrix.
Nothing in this Agreement shall be construed as restricting in any way the ability of any Party or Additional Settling Participant to express or pursue any position regarding the method or methods for calculating or allocating Refund Offsets.
Each Additional Settling Participant shall be bound to this Agreement as of the Settlement Effective Date.
For purposes of clarity, each Additional Settling Participant shall be bound to the terms of the Settlement and this Agreement as a Settling Participant as of the time set forth in Article XI, but shall not be a party to this Agreement.
Each Additional Settling Participant shall be deemed to have provided all of the releases of claims against Settling Supplier set forth in Article VII.