State Regulatory Approval means a final, non-appealable written order of the State Regulatory Agency: (i) making the affirmative determination that the execution of the Contract for Differences by XXXX is reasonable, in the public interest, and all costs incurred under the Contract for Differences for the life of the agreement are recoverable from the retail customers pursuant to applicable Law, subject only to the requirement that the State Regulatory Agency retains ongoing prudency review of AESI’s performance and administration of the Contract for Differences; and (ii) that (a) authorizes the construction of the Project pursuant to this Agreement and all of the transactions and obligations set forth in this Agreement of both Parties; (b) issues to the Purchaser or AESI such approvals and certificates related hereto that AESI deems reasonably necessary and advisable; (c) does not contain any conditions or requirements that (I) in Purchaser’s or AESI’s Commercially Reasonable discretion are unacceptable to it, or (II) in the case of the Commercially Reasonable discretion of ProjectCo under the Contract for Differences or Seller, impose additional material costs or obligations on either of the ProjectCo or the Seller or the Project, or potentially affect Seller’s ability to timely achieve Substantial Completion by the Guaranteed Project Substantial Completion Date or the ability of ProjectCo to timely achieve the Commercial Operation Milestone (as defined in the Contract for Differences) under the Contract for Differences.
State Regulatory Approval means a final, non-appealable written order of the State Regulatory Agency:
State Regulatory Approval means any required consent or approval of the Governmental Authorities set forth on Schedule 1.1(h) of the change of control of the Sale Entities and the Contemplated Transactions.
Examples of State Regulatory Approval in a sentence
Nothing in this Agreement shall require Purchaser to accept any condition to, limitation on, or other requirement concerning the State Regulatory Approval that, in Purchaser’s sole discretion, is unacceptable to Purchaser.
Upon filing this Agreement for State Regulatory Approval, either Party may issue a press release summarizing the filing, subject to obtaining the consent of the other Party on the content of the press release not to be unreasonably withheld, delayed or conditioned and using Commercially Reasonable Efforts to minimize any details concerning the Project itself.
Seller shall act diligently and cooperate with Purchaser’s efforts to seek State Regulatory Approval and promptly provide any information, including the filing of testimony, reasonably requested by Purchaser or required for State Regulatory Approval and/or any regulatory proceedings or litigation that may arise relating to the State Regulatory Approval.
Purchaser shall use Commercially Reasonable Efforts to make an initial filing for State Regulatory Approval no later than twenty (20) Business Days after the Signing Date (the “State Regulatory Target Filing Date”).
Seller shall act diligently and cooperate with Company’s efforts to seek State Regulatory Approval and promptly provide any information, including the filing of testimony, reasonably requested by Company or required for State Regulatory Approval and/or any regulatory proceedings or litigation that may arise relating to the State Regulatory Approval.
More Definitions of State Regulatory Approval
State Regulatory Approval means a final, non-appealable written order of the State Regulatory Agency making the affirmative determination that execution of this PPA by Company is reasonable, in the public interest, and all costs incurred under this PPA are recoverable from the retail customers pursuant to Applicable Law.
State Regulatory Approval means a final, written order of one State Regulatory Agency, or if needed, both State Regulatory Agencies, that does not impose conditions unsatisfactory to the Company and is not subject to application for rehearing, re-argument and reconsideration,
State Regulatory Approval means any required consent or approval of the Governmental Authorities set forth on Schedule 1.1(h) of the change of control of the Sale Entities and the Contemplated Transactions. “Stock Power” means the Stock Power to be dated as of the Closing Date and executed by Seller, substantially in the form attached hereto as Exhibit A. “Straddle Period” means any Taxable Period that begins on or before the Closing Date and ends after the Closing Date. “Subsidiary” of a Person means (a) any corporation, association or other business entity (whether or not incorporated) of which fifty percent (50%) or more of the total voting power of shares or other voting securities outstanding thereof is at the time owned or controlled, directly or indirectly, by that Person or one or more of the other Subsidiaries of that Person (or a combination thereof), and (b) any partnership or limited liability company of which such Person or one or more of the other Subsidiaries of such Person (or any combination thereof) is a general partner or managing member. “Support Obligation Payment” has the meaning set forth in Section 5.8(c). “Support Obligations” has the meaning set forth in Section 5.8(c). “Target Indebtedness” means the amount set forth in Schedule 1.1(i) corresponding to the applicable month of the Closing Date. “Tax Proceeding” has the meaning set forth in Section 5.3(d)(i). “Tax Representations” means the representations and warranties set forth in Section 3.9 (Tax Matters). “Tax Return” means any return, declaration, report, statement, form, claim for refund, or other document, together with all amendments and supplements thereto (including all related and supporting information) required to be filed with a Governmental Authority in respect of Taxes. “Taxable Period” means any taxable year or any other period with respect to which any Tax may be imposed under any Law. “Taxes” mean all federal, state, local, foreign and other net income, gross income, gross receipts, sales, use, ad valorem, transfer, franchise, profits, license, lease, service, service use, withholding, payroll, employment, excise, severance, transfer, registration, stamp, occupation,
State Regulatory Approval means any required consent or approval of the Governmental Authorities set forth on Schedule 1.1(h) of the change of control of the Sale Entities and the Contemplated Transactions. “Straddle Period” means any Taxable Period that begins on or before the Closing Date and ends after the Closing Date. “Subsidiary” of a Person means (a) any corporation, association or other business entity (whether or not incorporated) of which fifty percent (50%) or more of the total voting power of shares or other voting securities outstanding thereof is at the time owned or controlled, directly or indirectly, by that Person or one or more of the other Subsidiaries of that Person (or a combination thereof), and (b) any partnership or limited liability company of which such Person or one or more of the other Subsidiaries of such Person (or any combination thereof) is a general partner or managing member. “Support Obligation Payment” has the meaning set forth in Section 5.8(c). “Support Obligations” has the meaning set forth in Section 5.8(c). “Target Indebtedness” means the amount set forth in Schedule 1.1
State Regulatory Approval means any required consent or approval of the Governmental Authorities set forth on Schedule 1.1(h) of the change of control of the Sale Entities and the Contemplated Transactions. “Straddle Period” means any Taxable Period that begins on or before the Closing Date and ends after the Closing Date. “Subsidiary” of a Person means (a) any corporation, association or other business entity (whether or not incorporated) of which fifty percent (50%) or more of the total voting power of shares or other voting securities outstanding thereof is at the time owned or controlled, directly or indirectly, by that Person or one or more of the other Subsidiaries of that Person (or a combination thereof), and (b) any partnership or limited liability company of which such Person or one or more of the other Subsidiaries of such Person (or any combination thereof) is a general partner or managing member. “Support Obligation Payment” has the meaning set forth in Section 5.8(c). “Support Obligations” has the meaning set forth in Section 5.8(c). “Target Indebtedness” means the amount set forth in Schedule 1.1(i) corresponding to the applicable month of the Closing Date. “Tax Proceeding” has the meaning set forth in Section 5.3(d)(i). “Tax Representations” means the representations and warranties set forth in Section 3.9 (Tax Matters). “Tax Return” means any return, declaration, report, statement, form, claim for refund, or other document, together with all amendments and supplements thereto (including all related and supporting information) required to be filed with a Governmental Authority in respect of Taxes. “Taxable Period” means any taxable year or any other period with respect to which any Tax may be imposed under any Law. “Taxes” mean all federal, state, local, foreign and other net income, gross income, gross receipts, sales, use, ad valorem, transfer, franchise, profits, license, lease, service, service use, withholding, payroll, employment, excise, severance, transfer, registration, stamp, occupation, premium, property, windfall profits, fuel, gas import, customs, duties, value added, alternative or add on minimum, estimated, or other taxes of any kind whatsoever imposed by any Governmental Authority, together with any interest, penalty, or addition thereto, and the term “Tax” means any one of the foregoing Taxes. “Taxing Authority” means any Governmental Authority responsible for the administration, imposition or collection of any Tax. “Termination Date” means the Init...
State Regulatory Approval means a final, written order of one State Regulatory Agency, or if needed, both State Regulatory Agencies, that does not impose conditions unsatisfactory to the Company and is not subject to application for rehearing, re- argument and reconsideration, and that makes the affirmative determination that Company’s execution of this PPA is prudent and/or in the public interest, and that those costs incurred by Company under this PPA as presently allocated by ratemaking mechanisms to Company’s Minnesota and North Dakota jurisdictions are recoverable, in the aggregate, from the Company’s Minnesota and/or North Dakota retail customers. The preceding is subject only to the requirement that the State Regulatory Agency retains ongoing prudency review of Company’s performance and administration of this PPA.
State Regulatory Approval means a written initial order of the State Regulatory Agency approving this PPA in such a manner that all costs incurred by Company under this PPA will be recoverable from retail customers in a timely manner through fuel clauses and, if applicable, base rates pursuant to Applicable Law subject only to the requirement that the State Regulatory Agency retain ongoing prudency review of Company’s performance and administration of this PPA.