AT&T PPA has the meaning set forth in Annex D.
AT&T PPA means that certain Power Purchase Agreement by and between Buyer and AT&T, dated as of June 29, 2012, as amended by the First Amendment thereto, dated September 26, 2012, and as superseded by that certain Energy System Use Agreement, dated as of December 19, 2012, and as may be further amended from time to time.
AT&T PPA means, as applicable: (i) that certain Energy System Use Agreement dated as of December 19, 2012, by and between Pacific Xxxx Telephone Company and 2012 ESA Project Company, LLC (“2012 ESA”), (ii) that certain Energy System Use Agreement No. 20130403.072.C dated as of May 15, 2013, by and between Pacific Xxxx Telephone Company and 2012 ESA, except to the extent assigned to 2013B ESA Project Company, LLC (“2013B”) pursuant to that certain assignment and assumption agreement dated as of July 5, 2013, by and between 2012 ESA as assignor and 2013B as assignee, (iii) that certain Energy System Use Agreement No. 20130403.077.C dated as of May 15, 2013, by and between AT&T Corp. and 2012 ESA, (iv) that certain Energy System Use Agreement No. 20130430.072.C dated as of May 15, 2013, by and between Pacific Xxxx Telephone Company and 2013B, as and to the extent assigned by 2013B to 2012 ESA pursuant to that certain assignment and assumption agreement dated as of July 5, 2013, by and between 2013B as assignor and 2012 ESA as assignee (“Assignment and Assumption Agreement #1”), and (v) that certain Energy System Use Agreement No.
Examples of AT&T PPA in a sentence
If AT&T PPA Customer 1 or AT&T PPA Customer 2 and the Facility Company or 2013B, as applicable, have executed an amendment to an AT&T Power Purchase Agreement, the Class B Member has received all third party consents which are required with respect to such amendment.
More Definitions of AT&T PPA
AT&T PPA will mean collectively (i) that certain Energy System Use Agreement dated as of December 19, 2012, by and between Pacific Xxxx Telephone Company and 2012 ESA, (ii) that certain Energy System Use Agreement No. 20130403.075.C dated as of May 15, 2013, by and between Pacific Xxxx Telephone Company and 2012 ESA, as amended by Amendment No. 1 to Energy System Use Agreement No. 20130403.075.C, and (iii) that certain Energy System Use Agreement No. 20130403.077.0 dated as of May 15, 2013, by and between AT&T Corp. and 2012 ESA, as amended by Amendment NO. 1 to Energy System Use Agreement No. 20130403.077.C A reference to ‘the AT&T PPA’ in this Agreement shall be taken to be a reference to ‘an AT&T PPA’, all AT&T PPAs’, ‘the applicable AT&T PPA’ or ‘each AT&T PPA’, as the context requires.”
AT&T PPA has the meaning set forth in Annex D. “Bankruptcy” or “Bankrupt” as to any Person means the filing of a petition for relief as to any such Person as debtor or bankrupt under the Bankruptcy Code or like provision of law (except if such petition is contested by such Person and has been dismissed within sixty (60) days); insolvency of such Person as finally determined by a court proceeding; filing by such Person of a petition or application to accomplish the same or for the appointment of a receiver or a trustee for such Person or a substantial part of its Assets; commencement of any proceedings relating to such Person under any other reorganization, arrangement, insolvency, adjustment of debt or liquidation law of any jurisdiction, whether now in existence or hereinafter in effect, either by such Person or by another, provided, that, if such proceeding is commenced by another, such Person indicates its approval of such proceeding, consents thereto or acquiesces therein, or such proceeding is contested by such Person and has not been finally dismissed within sixty (60) days. “Bankruptcy Laws” is defined in Section 11.3. “Base Case Model” means the economic model titled “PPA VI Financial Model Q3 18 Purchase Price Adjustment 9-19-18 FINAL (TO SEND).xlsx” exchanged between the Parties on or about September 19, 2018. “Battery Solution” means an integrated battery solution, manufactured and supplied by the Battery Solution Manufacturer as described in the specifications set forth on Exhibit A, to be included in certain of the Facilities. “Battery Solution Manufacturer” means PowerSecure, Inc., or such replacement manufacturer as the Parties may mutually agree in writing. “Battery Solution Supply Agreement” means that certain Supply Agreement between PowerSecure, Inc. and Seller, dated as of April 28, 2017. “Xxxx of Sale” means a xxxx of sale in substantially the form attached hereto as Exhibit B. “Bloom Component Defect” means any defect in parts and components supplied by Seller or any of its Affiliates to the Battery Solution Manufacturer that are used to manufacture any Battery Solution that (i) was not caused by the Battery Solution Manufacturer’s misuse, including but not limited to, improper testing, assembly, and mishandling of such parts and components and (ii) results in a failure of such parts and components to perform in 3