Examples of Comparable Rate of Return in a sentence
Amounts Lessor provides pursuant to this Agreement to fund any such Personal Property will be treated in a manner similar to any amounts Lessor provides to fund Footprint Projects for purposes of Section 3.2 and elsewhere herein (i.e., amounts funded to be subject to Comparable Rate of Return).
Thereafter, this Agreement may be renewed for subsequent terms (each, a “Renewal Term” and, collectively with the Initial Term, the “Term”) by mutual agreement of the Parties; provided, however, that the Rent for any Renewal Term shall be targeted to provide the Lessor with a Comparable Rate of Return on the then-current Rate Base of the CREZ Assets.
The Arbitration Panel shall make its decision within twenty (20) days after the later of (i) the P ERMIAN L EASE A GREEMENTsubmission of such written statements of particulars, and (ii) the conclusion of any evidentiary hearing on the merits, and shall take into consideration the relative risks and rewards undertaken and capital invested by each Party and shall use the Comparable Rate of Return concept in determining any Rent disputes.
The Parties will supplement Base Rent and Percentage Rent in a manner intended to provide a Comparable Rate of Return for Lessor on the Expected Incremental CapEx. Such Comparable Rate of Return may be achieved by a split between Base Rent and Percentage Rent, in such case in the proportions requested by Lessor and agreed to by Lessee.
Thereafter, this Agreement may be renewed for subsequent terms (each, a “Renewal Term” and, collectively with the Initial Term, the “Term”) by mutual agreement of the Parties; provided, however, that the Rent for any Renewal Term shall be targeted to provide Lessor with a Comparable Rate of Return on the then-current Rate Base of the Permian Assets.
Thereafter, this Agreement may be renewed for subsequent terms (each, a “Renewal Term” and, collectively with the Initial Term, the “Term”) by mutual agreement of the Parties; provided, however, that the Rent for any Renewal Term shall be targeted to provide the Lessor with a Comparable Rate of Return on the then-current Rate Base of the System.
Thereafter, this Agreement may be renewed for subsequent terms (each, a “ Renewal Term ” and, collectively with the Initial Term, the “ Term ”) by mutual agreement of the Parties; provided , however , that the Rent for any Renewal Term shall be targeted to provide Lessor with a Comparable Rate of Return on the then-current Rate Base of the Permian Assets.
The Weight Report included three new damages theories, including the Benefit of the Bargain Rule, the Modified Benefit of the Bargain Rule, and the Comparable Rate of Return theory.Bank One and Robbins moved to strike the Weight Report because they did not have the opportunity to conduct discovery regarding facts essential to these theories.
Thereafter, this Agreement may be renewed for subsequent terms (each, a “Renewal Term” and, collectively with the Initial Term, the “Term”) by mutual agreement of the Parties; provided, however, that the Rent for any Renewal Term shall be targeted to provide the Lessor with a Comparable Rate of Return on the then-current Rate Base of the Xxxxxxx/Xxxxx/Xxxxxxx Assets.
Revenues Attributable to Lessee CapEx shall be targeted to equal that portion of the amounts collected by Lessee with respect to the Permian Assets or Stanton Transmission Loop Assets, as applicable, which equals the amount needed to provide Lessee with the equivalent of a Comparable Rate of Return on any such Lessee CapEx (except that, in determining such Comparable Rate of Return, the Parties will not consider Lessee’s creditworthiness and there will be no Agreed-to-Discount).