Qualified Decommissioning Fund definition

Qualified Decommissioning Fund means all amounts contributed to qualified funds for administrative costs and costs incurred in connection with the entombment, dismantlement, removal and disposal of the structures, systems and components of a unit of common facilities, including all costs incurred in connection with the preparation for decommissioning, such as engineering and other planning expenses incurred with respect to the unit of common facilities after actual decommissioning occurs, such as physical security and radiation monitoring expenses, as part of Genco LP’s cost of service required by PURA or as approved by the PUC.

Qualified Decommissioning Fund means the external trust fund that meets the requirements of Code Section 468A and Treas. Reg. section 1.468A-5, maintained by Seller with respect to the Facilities prior to the Closing pursuant to the Seller's Decommissioning Trust Agreement and maintained by Buyer after the Closing pursuant to the Post-Closing Decommissioning Trust Agreement to the extent assets are transferred to such fund by Seller pursuant to Section 6.12.

Qualified Decommissioning Fund means a fund that meets the requirements of Code section 468A and Treas. Reg. section 1.468A-5 and maintained in accordance with Treas. Reg. sections 1.468A-1 through 1.468A-9, which is authorized by the Decommissioning Trust Agreement to be held within the Decommissioning Trust. The Qualified Decommissioning Fund is construed as a state law trust and is maintained by ENVY with respect to the Facilities prior to the Closing.

Examples of Qualified Decommissioning Fund in a sentence

• Any amounts contributed to the Qualified Decommissioning Fund while such request is pending before the IRS and which turn out to exceed the applicable amounts provided in the schedule of ruling amounts issued by the IRS will be withdrawn from the Qualified Decommissioning Fund within the period provided under Treas.

• Without limiting the generality of the foregoing, the Buyer and the Sellers shall use Commercially Reasonable Efforts to obtain one or more private letter ruling(s) from the IRS determining that (i) the transfer of assets from the Sellers' Qualified Decommissioning Funds to the Buyer's Qualified Decommissioning Fund is a disposition that, pursuant to the IRS' authority under Treas.

• Neither the Buyer nor the Sellers shall take any action that would cause the transfer of assets from the Sellers' Qualified Decommissioning Funds to the Buyer's Qualified Decommissioning Fund to fail to satisfy the requirements of Treas.

• All rulings requested shall be consistent with private letter rulings issued as of the date of this Agreement by the IRS with respect to the transfer of a Qualified Decommissioning Fund to a non-regulated buyer.

• On or prior to the Initial Closing Date or each Subsequent Closing Date, as the case may be, each Seller participating in such Closing shall make additional cash contributions from time to time to its Nonqualified Decommissioning Fund such that at the Initial Closing Date or the Subsequent Closing Date, as the case may be, the aggregate assets in such Seller's Nonqualified Decommissioning Fund and Qualified Decommissioning Fund equals such Seller's share of the Decommissioning Trust Closing Amount.

More Definitions of Qualified Decommissioning Fund

Qualified Decommissioning Fund means, with respect to Seller, Seller's external trust fund for purposes of Decommissioning Palisades that meets the requirements of Code Section 468A and Treas.

Qualified Decommissioning Fund means the Seller's external trust fund (or funds) (Federal tax identification nos. 36-

Qualified Decommissioning Fund means, with respect to Seller, Seller’s external trust funds for purposes of Decommissioning that meet the requirements of Code Section 468A and Treas. Reg. § 1.468A-5 and are maintained by Seller with respect to the Facilities prior to Closing pursuant to Seller’s Decommissioning Trust Agreement and, with respect to Buyer, Buyer’s external trust funds for purposes of Decommissioning that meet the requirements of Code Section 468A and Treas. Reg. § 1.468A-6(b)(2) and are maintained by Buyer after the Closing pursuant to the Post-Closing Decommissioning Trust Agreement.

Qualified Decommissioning Fund has the meaning set forth in Section 5.16(b).

Qualified Decommissioning Fund means the trust fund to be formed by Seller prior to Closing in connection with the Seller IRS Ruling that meets the requirements of Code §468A and Treas. Reg. §1.468A-5 and maintained in accordance with Treas. Reg. §§1.468A-1 through 1.468A-9. The Qualified Decommissioning Fund will be construed as a state law trust that is a sub-trust of the JAF NDT and is maintained by Seller with respect to the Facility after the Seller transfers funds from the Non-Qualified Decommissioning fund to the Qualified Decommissioning fund pursuant to the Seller IRS Ruling.

Qualified Decommissioning Fund means, with respect to the Company, each of the Company’s external trust funds for purposes of Decommissioning that meets the requirements of Code Section468A and Section1.468A-5 of the Treasury Regulations and is maintained by the Company with respect to the Facility prior to Closing pursuant to a Decommissioning Trust Agreement.

Qualified Decommissioning Fund in Section 1.1 of the Asset Sale Agreement is hereby amended by replacing said definition with the following: