Examples of Unit 1 Ownership Interest in a sentence
If MGE Power or WPPI owes an Incremental Charge, then it shall be equal to the product of (a) $116,147,942 and (b) the difference between (i) such Party’s Unit 2 Ownership Interest and (ii) its Unit 1 Ownership Interest or zero, if it does not have a Unit 1 Ownership Interest, less (c) any Incremental Charge previously paid by such Party.
If at any time during the Incremental Charge Period, MGE Power’s or WPPI’s Unit 2 Ownership Interest is greater than its Unit 1 Ownership Interest (including when it does not have a Unit 1 Ownership Interest), then such Party shall be obligated to pay an amount (an “Incremental Charge”) determined in accordance with Section 2 below to ERGS SC and the other Unit 1 Owner, if applicable, in accordance with Section 3 below.
The Project Manager shall timely pay, or cause to be paid, to the Unit 1 Owners on a pro rata basis (based on their Unit 1 Ownership Interest) or such other equitable basis as may be appropriate all liquidated damages, refunds, reimbursements and other payments of whatever nature or kind in respect of the Unit 1 Facility received by the Project Manager pursuant to the Construction Agreements.
The purchase of all of the defaulting Party’s Unit 1 Ownership Interest and Unit 1 Component Ownership Interests pursuant to Section 12.2(b)(i) shall occur on a date (the “Buyout Date”) and at a time and place mutually agreeable to the defaulting Party and the non-defaulting Party or Parties who have elected to purchase the defaulting Party’s Unit 1 Ownership Interest and Unit 1 Component Ownership Interests.
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The Parties agree that if and to the extent that a Unit 1 Owner or one of its Affiliates has paid its pro rata share (based on its Unit 1 Ownership Interest) of a Reimbursable Community Expense under one of the other Elm Road I Documents, then such Unit 1 Owner shall not be obligated to pay again for its pro rata share of such Reimbursable Community Expense pursuant to this Agreement.
In no event shall the Buyout Date be earlier than 60 days or later than 90 days after the date on which the first such non-defaulting Party gives notice of its election to purchase the defaulting Party’s Unit 1 Ownership Interest and Unit 1 Component Ownership Interests.
Subject to Section 9.5, if applicable, all costs and expenses incurred by or on behalf of the Project Manager or the Reconstruction Agent pursuant to Sections 9.2(a)(i) and 9.2(a)(iii) shall be borne by each Unit 1 Owner in proportion to such Unit 1 Owner’s Unit 1 Ownership Interest and/or Unit 1 Component Ownership Interest, as appropriate.
If both non-defaulting Parties exercise their option to purchase the defaulting Party’s Unit 1 Ownership Interest and Unit 1 Component Ownership Interests, then the non-defaulting Parties shall acquire such percentage of the defaulting Party’s Unit 1 Ownership Interest and Unit 1 Component Ownership Interests as will result in post-buyout Unit 1 Ownership Interests of 90% for ERGS SC and 10% for the other Unit 1 Owner, unless the non-defaulting Parties agree on a different allocation.
If WPPI elects to become a Unit 1 Owner, then WPPI shall include in its Minority Owner Election Notice a statement as to whether or not it elects to increase its Unit 1 Ownership Interest from 8.33% to 10% if MGE Power elects not to become a Unit 1 Owner.