Uncontrollable Timing Event definition

Uncontrollable Timing Event means an event that causes delays in meeting the Trigger Date(s) as a result of (a) an event of Force Majeure and/or (b) actions by the Transmission Owner, NYISO, NPCC, federal governmental authorities and/or state governmental authorities, and where: (x) such event(s) are beyond Developer’s control; (y) alter(s) Developer’s scope of work as set forth in Appendix A; and (z) there would not have been a delay that causes Developer to be unable to meet the Trigger Date(s) but for such event(s). Nothing herein shall: (i) alter or abrogate Parties’ excuse from performance for events of Force Majeure (as defined in this Interconnection Agreement); or (ii) impose any increased obligation, liability or responsibility on Transmission Owner or the NYISO to perform its obligations pursuant to this Interconnection Agreement. Except to the extent discussed above, Developer and Transmission Owner agree that neither the Milestone Schedule set forth in Section II of this Appendix B, nor the Trigger Date Schedule set forth on Schedule A to this Appendix B shall be modified in any way that will change or will likely change a Trigger Date without the prior written consent of Noble Altona Windpark, LLC (“Altona”) and Marble River, LLC (“Marble River”) (as applicable).
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Uncontrollable Timing Event means an event that causes delays in meeting the Trigger Date(s) as a result of (a) an event of Force Majeure and/or (b) actions by the Connecting Transmission Owner, NYISO, NPCC, federal governmental authorities and/or state governmental authorities, and where: (x) such event(s) are beyond Clinton and Xxxxxxxxx’x control; (y) alter(s) Clinton and Xxxxxxxxx’x scope of work as set forth in Appendix A; and (z) there would not have been a delay that causes Clinton and Xxxxxxxxx to be unable to meet the Trigger Date(s) but for such event(s). Nothing herein shall: (i) alter or abrogate Parties’ excuse from performance for events of Force Majeure (as defined in this Interconnection Agreement); or (ii) impose any increased obligation, liability or responsibility on Connecting Transmission Owner or the NYISO to perform its obligations pursuant to this Interconnection Agreement. 3 The description below is the same as the descriptions stated in the Interconnection Agreements for Noble Chateaugay, Xxxxx Xxxxxxxxx, and Xxxxx Xxxxxxx. However, all construction has been completed. All Common SUF costs have been paid in satisfaction to NYPA by Developer for NYPA-related work. SERVICE AGREEMENT NO. 1774 Except to the extent discussed above, Clinton and Xxxxxxxxx and Connecting Transmission Owner agree that neither the Milestone Schedule set forth in Section II of this Appendix B, nor the Trigger Date Schedule set forth on Schedule A to this Appendix B shall be modified in any way that will change or will likely change a Trigger Date without the prior written consent of Noble Altona Windpark, LLC (“Altona”) and Marble River, LLC (“Marble River”) (as applicable).
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Uncontrollable Timing Event means an event that causes delays in meeting the Trigger Date(s) as a result of (a) an event of Force Majeure and/or (b) actions by the Connecting Transmission Owner, NYISO, NPCC, federal governmental authorities and/or state governmental authorities, and where: (x) such event(s) are beyond Wethersfield’s control; (y) such event(s) alter(s) Wethersfield’s scope of work as set forth in Appendix A; and (z) in the absence of the event, there would not have been a delay that would have rendered Wethersfield unable to meet the Trigger Date(s). Nothing herein shall impose any increased obligation, liability or responsibility on Connecting Transmission Owner or the NYISO to perform its obligations pursuant to this Agreement. Except to the extent discussed above, Wethersfield and Connecting Transmission Owner have agreed that neither the Milestone Schedule set forth in Section II of this Appendix B, nor the Trigger Date Schedule set forth on Schedule A to this Appendix B shall be modified in any way that will change or will likely change a Trigger Date without the prior written consent of High Xxxxxxx. If High Xxxxxxx is removed from Class Year 2007 pursuant to the procedures of Attachments S and X of the OATT, then any consent required of or right afforded High Xxxxxxx as otherwise provided herein shall be void thereafter.
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Related to Uncontrollable Timing Event

  • Book-Up Event means an event that triggers a positive adjustment to the Capital Accounts of the Partners pursuant to Section 5.5(d).

  • Accounting Event means the receipt by the Issuer of an opinion of an Authorized Public Accountant in Finland (reputable and experienced in such matters) to the effect that, as a result of a change in the applicable accounting standards or interpretation thereof, the equity treatment of the Capital Notes as “equity” in full in the Issuer’s consolidated financial statements has or will cease.

  • Step Up Event means a failure to meet the Minimum Rating Requirement at any time, unless:

  • Adjusted Funds From Operations means, for any period, Net Cash Flows From Operating Activities for such period plus Interest Expense for such period minus (x) the portion (but not less than zero) of Net Cash Flows From Operating Activities for such period attributable to any consolidated Subsidiary that has no Debt other than Nonrecourse Indebtedness and (y) After-Tax Transitional Funding Instrument Revenue for such period.

  • Optimal Adjustment Event With respect to any Class of Class B Certificates and any Distribution Date, an Optimal Adjustment Event will occur with respect to such Class if: (i) the Principal Balance of such Class on the Determination Date succeeding such Distribution Date would have been reduced to zero (regardless of whether such Principal Balance was reduced to zero as a result of principal distribution or the allocation of Realized Losses) and (ii) (a) the Principal Balance of any Class of Class A Certificates would be subject to further reduction as a result of the third or fifth sentences of the definition of Principal Balance or (b) the Principal Balance of a Class of Class B Certificates with a lower numerical designation would be reduced with respect to such Distribution Date as a result of the application of clause (ii) of the definition of Class B-1 Principal Balance, Class B-2 Principal Balance, Class B-3 Principal Balance, Class B-4 Principal Balance, Class B-5 Principal Balance or Class B-6 Principal Balance.

  • Rating Event means the rating on the Notes is lowered by each of the Rating Agencies and the Notes are rated below an Investment Grade Rating by each of the Rating Agencies on any day within the 60-day period (which 60-day period will be extended so long as the rating of the Notes is under publicly announced consideration for a possible downgrade by any of the Rating Agencies) after the earlier of (a) the occurrence of a Change of Control and (b) public notice of the occurrence of a Change of Control or the Company’s intention to effect a Change of Control; provided that a Rating Event will not be deemed to have occurred in respect of a particular Change of Control (and thus will not be deemed a Rating Event for purposes of the definition of Change of Control Triggering Event) if each Rating Agency making the reduction in rating does not publicly announce or confirm or inform the Trustee in writing at the request of the Company that the reduction was the result, in whole or in part, of any event or circumstance comprised of or arising as a result of, or in respect of, the Change of Control (whether or not the applicable Change of Control has occurred at the time of the Rating Event).

  • Cumulative Loss Trigger Event With respect to any Distribution Date, a Cumulative Loss Trigger Event exists if the quotient (expressed as a percentage) of (x) the aggregate amount of Realized Losses incurred since the Cut-off Date through the last day of the related Prepayment Period divided by (y) the Cut-off Date Pool Principal Balance exceeds the applicable cumulative loss percentages set forth below with respect to such Distribution Date: Distribution Date Occurring In Cumulative Loss Percentage ------------------------------ -------------------------- May 2008 through April 2009 1.400% for the first month, plus an additional 1/12th of 1.700% for each month thereafter (e.g., 2.250% in November 2008) May 2009 through April 2010 3.100% for the first month, plus an additional 1/12th of 1.700% for each month thereafter (e.g., 3.950% in November 2009) May 2010 through April 2011 4.800% for the first month, plus an additional 1/12th of 1.400% for each month thereafter (e.g., 5.500% in November 2010) May 2011 through April 2012 6.200% for the first month, plus an additional 1/12th of 0.700% for each month thereafter (e.g., 6.550% in November 2011) May 2012 and thereafter 6.900%

  • Potential Adjustment Event means any of the following:

  • Suspension/Withdrawal Event means, in respect of the Benchmark:

  • Partnership Change of Control means Tesoro Corporation ceases to Control the General Partner.

  • Lowest Achievable Emission Rate (LAER) means, for any source, the more stringent rate of emissions based on the following:

  • Total Available Funds shall have the meaning set forth in Section 5.7(a).

  • Allowed Delay has the meaning set forth in Section 2(c)(ii).

  • Adjustment Events the Partnership makes a distribution on all outstanding OP Units in Partnership Units, (B) the Partnership subdivides the outstanding OP Units into a greater number of units or combines the outstanding OP Units into a smaller number of units, or (C) the Partnership issues any Partnership Units in exchange for its outstanding OP Units by way of a reclassification or recapitalization of its OP Units. If more than one Adjustment Event occurs, the adjustment to the Class B Units need be made only once using a single formula that takes into account each and every Adjustment Event as if all Adjustment Events occurred simultaneously. For the avoidance of doubt, the following events shall not be Adjustment Events: (x) the issuance of Partnership Units in a financing, reorganization, acquisition or other similar business transaction, (y) the issuance of Partnership Units pursuant to any employee benefit or compensation plan or distribution reinvestment plan, or (z) the issuance of any Partnership Units in respect of a capital contribution to the Partnership, including a contribution by the General Partner of proceeds from the sale of securities by the General Partner. If the Partnership takes an action affecting the OP Units other than actions specifically described above as Adjustment Events and, in the opinion of the General Partner such action would require an adjustment to the Class B Units to maintain the one-to-one correspondence described above, the General Partner shall have the right to make such adjustment to the Class B Units, to the extent permitted by law, in such manner and at such time as the General Partner, in its sole discretion, may determine to be appropriate under the circumstances. If an adjustment is made to the Class B Units as herein provided, the Partnership shall promptly file in the books and records of the Partnership an officer’s certificate setting forth such adjustment and a brief statement of the facts requiring such adjustment, which certificate shall be conclusive evidence of the correctness of such adjustment absent manifest error. Promptly after the filing of such certificate, the Partnership shall mail a notice to each holder of Class B Units setting forth the adjustment to his, her or its Class B Units and the effective date of such adjustment.

  • Excess Withdrawal is a withdrawal of Account Value that exceeds the Free Withdrawal Amount. This term may not apply to your Contract.

  • Adverse Rating Event With respect to any Class of Rated Certificates and any Rating Agency that has assigned a rating thereto, as of any date of determination, the qualification, downgrade or withdrawal of the rating then assigned to such Class of Rated Certificates by such Rating Agency (or the placement of such Class of Rated Certificates on “negative credit watch” status in contemplation of any such action with respect thereto).

  • Cash Withdrawal means a disbursement of funds in any currency from any Account out of the balance in your favour (whether or not in the form of cash) made or obtained through or in connection with any Citibank ATM/ Debit Card.

  • AHYDO Catch-Up Payment means any payment with respect to any obligations of the Borrower or any Restricted Subsidiary, in each case to avoid the application of Section 163(e)(5) of the Code thereto.

  • Material Project EBITDA Adjustments means, with respect to each Material Project:

  • Value Adjustment Event means, with respect to any Loan Asset, the occurrence of any one or more of the following events after the related Cut-Off Date:

  • Change of Control Value means (i) the per share price offered to stockholders of the Company in any such merger, consolidation, reorganization, sale of assets or dissolution transaction, (ii) the price per share offered to stockholders of the Company in any tender offer or exchange offer whereby a Change of Control takes place, or (iii) if such Change of Control occurs other than pursuant to a tender or exchange offer, the Fair Market Value per share of the shares into which Awards are exercisable, as determined by the Committee, whichever is applicable. In the event that the consideration offered to stockholders of the Company consists of anything other than cash, the Committee shall determine the fair cash equivalent of the portion of the consideration offered which is other than cash.

  • Subsequent Triggering Event means any of the following events or transactions occurring after the date hereof: (i) The acquisition by any person (other than Grantee or any Grantee Subsidiary) of beneficial ownership of 25% or more of the then outstanding Common Stock; or (ii) The occurrence of the Initial Triggering Event described in clause (i) of subsection (b) of this Section 2, except that the percentage referred to in clause (z) of the second sentence thereof shall be 25%.

  • Index Adjustment Event means, in respect of the Index, an Administrator/Benchmark Event, an Index Cancellation, an Index Disruption or an Index Modification.

  • Flip-Over Event means any event described in clause (x), (y) or (z) of Section 13(a) hereof.

  • Adjusted Net Earnings from Operations means, with respect to any fiscal period of the Borrower, the Borrower’s net income after provision for income taxes for such fiscal period, as determined in accordance with GAAP and reported on the Financial Statements for such period, excluding any and all of the following included in such net income: (a) gain or loss arising from the sale of any capital assets; (b) gain arising from any write-up in the book value of any asset; (c) earnings of any Person, substantially all the assets of which have been acquired by the Borrower in any manner, to the extent realized by such other Person prior to the date of acquisition; (d) earnings of any Person in which the Borrower has an ownership interest unless (and only to the extent) such earnings shall actually have been received by the Borrower in the form of cash distributions; (e) earnings of any Person to which assets of the Borrower shall have been sold, transferred or disposed of, or into which the Borrower shall have been merged, or which has been a party with the Borrower to any consolidation or other form of reorganization, prior to the date of such transaction; (f) gain arising from the acquisition of debt or equity securities of the Borrower or from cancellation or forgiveness of Debt; (g) gains or non-cash losses arising from Hedge Agreements entered into by Borrower, and (h) gain arising from extraordinary items, as determined in accordance with GAAP, or from any other non-recurring transaction.

  • Incremental Available Transfer Capability Revenue Rights means the rights to revenues that are derived from incremental Available Transfer Capability created by the addition of Merchant Transmission Facilities or of one of more Customer-Funded Upgrades.