NSR Consent Decree definition
Examples of NSR Consent Decree in a sentence
No Required Regulatory Approval, ▇▇▇▇▇▇▇▇ Plant Approval, Additional Regulatory Filing and Consent, amendment of the NSR Consent Decree contemplated by Section 4.13 shall, individually or in the aggregate, impose, be conditioned upon or contain terms, conditions, liabilities, obligations, commitments or sanctions resulting in, or otherwise create or have created, any Burdensome Condition.
For the avoidance of doubt, Purchaser shall have no consent right, or right to participate or be consulted, with respect to any amendment, modification or waiver or other obligation under the NSR Consent Decree unrelated to ▇▇▇▇▇▇▇▇ or Big ▇▇▇▇▇.
Prior to Closing, Seller and Buyer each shall cooperate and work together to reach agreement on a motion to the Court having jurisdiction over the NSR Consent Decree to modify the NSR Consent Decree (the “NSR CD Modification”) as contemplated under Paragraph 7 of such decree and seek approval of such modification by such Court.
Parent is not a party to any agreement, understanding, consent decree or other arrangement with any federal or state banking regulator or agency or other Governmental Authority which would have a Material Adverse Effect on Parent or Purchaser.
Per the disclosure requirements of the NSR Consent Decree, Contractor acknowledges that it has received a copy of the NSR Consent Decree, and shall provide a copy of the NSR Consent Decree to all Subcontractors and any other company or other organization retained by Contractor to perform any of the work under this Agreement.
Performance Testing will be carried out in accordance with the Performance Test procedures to be mutually determined by the Parties during the Development Phase which shall be consistent with the requirements of the NSR Consent Decree and, with respect to matters not indicated in such document, in accordance with the standards and principles normally applied in test runs for plants of a similar kind.
Contractor shall use best efforts to obtain, in such OEM contract, a liquidated damages rate of {$******] for each megawatt of NDC (defined in Exhibit 7.2) on the affected Generating Unit for each day of delay prior to the NSR Consent Decree Date (e.g. for the 300 ▇▇ ▇▇▇▇▇▇ Unit 5, the rate would be {$******] per day of delay).
The amended NSR Consent Decree contemplated by Section 5.22(a) (or, if a valid Alternative Joint Modification Election shall have been made, the amended NSR Consent Decree contemplated by Section 5.22(b)) shall have been duly executed and delivered by all parties thereto, approved and entered by the United States District Court for the Southern District of Ohio and remains in full force and effect.
The Contractor shall use its best efforts to cause the Project Schedule and Critical Path Schedule to be consistent with the timetables, goals and objectives of FirstEnergy, including achievement of the compliance dates established in the NSR Consent Decree.
For the avoidance of doubt, Buyer shall have no consent right, or right to participate or consult, with respect to any amendment, modification or waiver under the NSR Consent Decree unrelated to Gavin or the obligations with respect thereto under such NSR Consent Decree.