Examples of Unit 2 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.
Bell, 430 U.S. 787, 792 (1977) (Congress has power over admission of aliens).
Notwithstanding the foregoing, the Parties agree that (i) each of ERGS SC’s lease of its Unit 2 Ownership Interest to WEPCO pursuant to the ERGS SC Unit 2 Facility Lease and MGE Power’s lease of its Unit 2 Ownership Interest to MGE pursuant to the MGE Power Unit 2 Facility Lease and (ii) any Unit 2 Owner’s lease of its Xxxx 0 Ownership Interest to a Permitted Lessee shall not constitute a “Transfer” or a “Lien” for purposes of this Agreement.
On and after the Commercial Operation Date, each Unit 2 Owner shall own, subject to the terms and conditions of the Unit 2 O&M Agreement if then in effect, a pro rata share (based on its Unit 2 Ownership Interest) of the net capacity and energy obtainable from Unit 2.
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The Parties acknowledge and agree that monetary damages may not be an adequate remedy at law for the failure of a Party to perform certain material obligations under this Agreement (including the failure of a Party to sell or to acquire a Unit 2 Ownership Interest), and under such circumstances, a non-defaulting Party shall have the right to specific performance by the defaulting Party of such obligations under this Agreement.
This assumes that Assignor and Assignee have satisfied or waived all of the conditions to Transfer of the Transferred Unit 2 Ownership Interest in accordance with Article XIII of the Ownership Agreement.
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 2 Owner in proportion to such Unit 2 Owner’s Unit 2 Ownership Interest.
Assignor hereby sells, assigns, conveys, transfers and delivers to Assignee, and Assignee hereby purchases and assumes from Assignor, all of the rights, benefits, obligations and liabilities that Assignor has in the Ownership Agreement in respect of the Transferred Unit 2 Ownership Interest.