Settling Supplier definition
Examples of Settling Supplier in a sentence
The costs and maintenance of the Settling Supplier Refund Escrow (PNM) and the California Litigation Escrow (including, but not limited to, related accounting costs) shall be borne by the California Parties.
On January 15, 2010, Settling Supplier paid to the California Parties by wire transfer from funds other than the Settling Supplier Receivables and any amounts representing accrued and unpaid interest on the Settling Supplier Receivables, the amounts specified in Item 4.1.2(a) of the Cover Sheet (the “Cash Consideration”) to the Settling Supplier Refund Escrow (PNM).
Amounts owed to Settling Supplier under future settlements entered into by the California Parties in the FERC Proceedings shall be payable to the California Parties in cash, by wire transfer to the account(s) designated by the California Parties, rather than as deemed distributions.
FERC’s approval of this Agreement in the FERC Settlement Order shall constitute its direction to the PX to release and return all collateral provided by Settling Supplier and to forego or otherwise withdraw all requests for additional collateral from Settling Supplier, in each case to the extent that such collateral or request for collateral applies to liabilities that are released by this Agreement, or involves an amount of collateral that is calculated taking into account such liabilities.
No later than 15 Business Days after the Settlement Effective Date, Settling Supplier shall withdraw any reply comments and any request for rehearing if all commenting parties elect to be bound by this Agreement.
No later than 15 Business Days after issuance of the FERC Interest Determination, the California Parties shall pay to, or receive from, the ISO and PX, the difference between (a) the Estimated Interest on Receivables Amount less Settling Supplier’s Interest Shortfall Estimate previously withheld from distribution hereunder, and (b) the amount of interest that the FERC Interest Determination finds to be owing to Settling Supplier on such receivables.
The Allocation Matrix also sets forth the estimated interest to be distributed to Settling Participants, which includes interest calculated at the FERC Interest Rate on the Settling Supplier Refunds, less the estimated Interest Shortfall on Refunds as of December 31, 2009.
In furtherance of this intention, Settling Supplier, on the one hand, and the California Parties, on the other hand, with respect to the specific matters released herein, each knowingly, voluntarily, intentionally, and expressly waives, as against each other, any and all rights and benefits conferred by California Civil Code Section 1542 and any law of any state or territory of the United States or principle of common law that is similar to Section 1542.
Each Additional Settling Participant shall be deemed to have provided all of the releases of claims against Settling Supplier set forth in Article VII.
The PX and ISO shall reflect on their books and records all distributions from the PX Settlement Clearing Account to the Settling Supplier Refund Escrow (PNM) that represent payments of amounts owed by the ISO to Settling Supplier for the Settling Supplier Receivables.