Examples of NEP OpCo in a sentence
If NEP OpCo so elects, such additional interest will be payable in the same manner and on the same dates as the stated interest payable on the Notes.
In the event NEP OpCo does not elect to pay the additional interest following an event of default in accordance with this paragraph or NEP OpCo has elected to make such payment but does not pay the additional interest when due, the Notes will be immediately subject to acceleration as provided in the Indenture.
In order to elect to pay the additional interest as the sole remedy during the first 180 days after the occurrence of an event of default relating to the failure to comply with the reporting obligations in accordance with the immediately preceding paragraph, NEP OpCo must notify in writing all Holders, the Trustee and the Paying Agent of such election prior to the beginning of such 180-day period.
The right of NEP OpCo to elect such sole remedy will not affect the rights of Holders in the event of the occurrence of any other event of default.
Documents filed with the Commission via the EDGAR system (or any successor thereto) will be deemed to be filed with the Trustee as of the time such documents are filed via EDGAR (or any successor thereto), but in no event will NEP or NEP OpCo be required to file the reports specified above with the Commission if NEP or NEP OpCo, as applicable, is not otherwise subject to the periodic reporting requirements of the Exchange Act.
The Common Units, the Series B-1 Units, the Series B-2 Units and the general partner interests of NEP OpCo conform to all statements relating thereto contained in the Registration Statement and the Prospectus and such descriptions conform to the rights set forth in the instruments defining the same.
Notwithstanding the foregoing, so long as NEP continues to consolidate the results of NEP OpCo in NEP’s financial statements, NEP may elect to prepare and file and furnish the quarterly, annual and current reports and consolidated financial statements referred to above in respect of NEP and such reports and consolidated financial statements will be deemed to satisfy the obligations of NEP OpCo under this Section 13.
Notwithstanding anything herein to the contrary, when calculating the OpCo Secured Leverage Ratio, the Swap Termination Value of all Swap Contracts of NEP OpCo and the Subsidiary Guarantors then outstanding shall be excluded from the calculation of OpCo Funded Debt.
NEP OpCo will also make certain payments to NEE based on the achievement by NEP OpCo of certain target quarterly distribution levels to its unitholders (incentive distribution rights, or IDRs).
Cash flow is generated from distributions NEP receives from NEP OpCo each quarter and, during the purchase price adjustment period, from NEE Equity, which payments will be funded solely by any distributions NEE Equity receives from NEP OpCo with respect to such quarter.