Common use of Capacity Allocation Clause in Contracts

Capacity Allocation. At all times prior to Closing, Seller shall be the sole and exclusive owner of all of the Seasonal Accredited Capacity and associated Zonal Resource Credits assigned to the RockGen Assets (“RockGen Asset ZRCs”). At all times after Closing, Buyer shall be the sole and exclusive owner of the RockGen Asset ZRCs. Seller shall transfer to Buyer the RockGen Asset ZRCs following Closing pursuant to the Joint Ownership Agreement; provided that, with respect to the Planning Year (as defined in the MISO Open Access Transmission and Energy Markets Tariff (as amended from time to time)) in which the Closing occurs, Seller shall provide Buyer with its share of the net proceeds of the applicable RockGen Asset ZRCs as described in Section 2.01(b) of the Joint Ownership Agreement.

Appears in 2 contracts

Sources: Asset Sale Agreement (Madison Gas & Electric Co), Asset Sale Agreement (Mge Energy Inc)