Examples of ECP Parties in a sentence
Each such survey shall: (A) be in form and substance satisfactory to the ECP Parties and the Title Company; (B) show any improvements, the location of all Easements, rights of way, sewer and water lines, building lines and encroachments, the location of all required building set-back lines and other dimensional regulations and any wetlands and (C) show the location of all abutting or adjoining streets, alleys, curb cuts and the like.
Unless the ECP Parties deliver written notice to ADA-ES on or prior to the 10th Business Day following the ECP Parties’ receipt of the ADA-ES Closing Date Contributed Capital Schedule, the ECP Parties shall be deemed to have accepted such ADA-ES Closing Date Contributed Capital Schedule.
The ECP Parties or the Dynegy Parties who have the right to nominate any Manager pursuant to Section 2.01(c) shall also have the right to send a notice to the Parties electing to remove such Manager.
In furtherance of the foregoing, ADA-ES and the ECP Parties shall cause the Development Company to be admitted as the sole member of each of the Project Companies and the Supply Company.
The ECP Parties shall have 10 Business Days following receipt of the proposed ADA-ES Closing Date Contributed Capital Schedule to review such schedule and to accept or object to all or any portion of the capital contributions detailed therein.
ADA-ES will prepare and deliver to the ECP Parties an allocation (the “Allocation”) of the value of the assets of the AC Venture Companies in accordance with the Internal Revenue Code of 1986, as amended (“IRC”), and the Treasury Regulations promulgated thereunder.
Neither the Company, nor any of its affiliates, nor any person acting on its or their behalf, has engaged in any form of general solicitation or general advertising (within the meaning of Regulation D under the 1933 Act) in connection wixx xxx xffer or sale of the Convertible Debentures or the Conversion Shares.
The Allocation shall be delivered by ADA-ES to the ECP Parties within 60 days after the Closing Date for the ECP Parties’ comment or approval.
On or before October 15, 2008, ADA-ES shall prepare in good faith and deliver to the ECP Parties a detailed statement that will supplement the ADA-ES Pre-Closing Contributed Capital Schedule setting forth in reasonable detail ADA-ES’s capital contributions to the Development Company between September 11, 2008 and the Closing Date (such supplement to Exhibit A referred to as the “ADA-ES Closing Date Contributed Capital Schedule”).
Except for the Debt Financing Fee assumed by the Development Company on or after the Closing Date, neither the ECP Parties nor the AC Venture Companies will have any liability or otherwise suffer or incur any Loss as a result of, or in connection with, any finder’s fee, financial advisory fee, brokerage commission or similar payment of any Person retained by the ADA-ES Entities in connection with this Agreement, the Operative Agreements or the Transactions.