FERC Filing. (a) As soon as practicable after the Execution Date, but in no event later than sixty (60) days thereafter, Owner shall file this Agreement with FERC pursuant to Section 205 of the Federal Power Act and 18 C.F.R. Part 35. Such filing shall include waiver requests for the Effective Date to occur sixty-one (61) days after the date of such filing, which Effective Date may be more than one hundred twenty (120) days before the Commercial Operation Date.
FERC Filing. Within five (5) Business Days after the Execution Date, the Operator, on behalf of the Owners, shall file this Agreement with FERC as a “Rate Schedule” within the meaning of Part 35 of FERC’s regulations. Each of the Owners shall support this Agreement in its current form at FERC when filed. Each Owner shall reasonably cooperate with the Operator with respect to obtaining FERC approval of such FERC filing and provide any information, including testimony, reasonably required by the Operator to comply with the applicable FERC filing requirements.
FERC Filing. In the event that a Party chooses or is required to file this Agreement with FERC, it shall endeavor to provide the other Party with at least five (5) days prior written notice of such filing.
FERC Filing. SCE will report this Agreement and amendments thereto in its Electronic Quarterly Report (“EQR”) in lieu of filing it at FERC, pursuant to Applicable Laws and Regulations.
FERC Filing. The Seller shall cause RE Supply to file with FERC an application to withdraw its market-based rate authority within ten (10) days after the date hereof.
FERC Filing. Promptly following the execution and delivery of this Agreement but in no event later than 5:00 pm (Eastern Time) on the fifth business day following the date of this Agreement, Parent shall either (i) cause Icahn Partners LP, Icahn Partners Master Fund LP, Icahn Partners Master Fund II LP, Icahn Partners Master Fund III LP and High River Limited Partnership to make such filings with FERC as shall be necessary and appropriate to withdraw the application in Docket No. EC11-22-000 filed by them under the FPA on November 22, 2010 (the “Prior Application”) or (ii) to the extent permitted by applicable law, amend the Prior Application to join the Company as an applicant thereto and have the Prior Application seek approval of the Offer, the Merger and the other transactions contemplated by this Agreement. In the event this Agreement is terminated other than pursuant to a Tender Termination, the Company shall not object to: (i) any amendment to the Prior Application to remove the Company as an applicant thereto, or (ii) Parent pursuing any necessary FERC approvals, including pursuant to the Prior Application or any other application, in each of clauses (i) and (ii), in connection with a Continuing Offer. If this Agreement is terminated pursuant to Section 9.3(a) in connection with a Subsequent Transaction, Parent agrees it shall, and shall cause its Affiliates to, cooperate with the Company to take all action to withdraw any, and shall not until the Voting Termination Date make any additional, filings under the FPA regarding the acquisition of Shares by Parent or its Affiliates.
FERC Filing. Not later than ten (10) business days following execution of this Agreement or a party’s request that Transmission Provider file this Agreement with FERC unexecuted, Transmission Provider shall tender this Agreement to FERC for filing, if required. Transmission Provider will request FERC to accept this Agreement effective as of the date identified in the first paragraph of this Agreement unless the Parties mutually agree to have the Transmission Provider request a different Effective Date. Transmission Owner and MHVDC Connection Customer shall reasonably cooperate with Transmission Provider with respect to such filing and to provide any information, reasonably requested by Transmission Provider.
FERC Filing. 2.2.1 Within a reasonable time after execution of this Agreement by the Parties, EPE shall file this Agreement with FERC as an amended “Rate Schedule” within the meaning of Part 35 of FERC’s regulations and with any other Governmental Authority to the extent required by Applicable Laws and Regulations. Each of the Parties shall support this Agreement in its current form at FERC when filed. Generator shall reasonably cooperate with EPE with respect to obtaining FERC approval of such FERC filing and provide any information, including testimony, reasonably required by EPE to comply with the applicable FERC filing requirements.
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FERC Filing. 2.2.1 Within a reasonable time after execution of this Agreement by the Parties, the Lxxx Substation Owners shall file this Agreement with FERC as a “Rate Schedule” within the meaning of Part 35 of FERC’s regulations and with any other Governmental Authority to the extent required by Applicable Laws and Regulations. Each of the Parties shall support this Agreement in its current form at FERC when filed. Generator shall reasonably cooperate with the Lxxx Substation Owners with respect to obtaining FERC approval of such FERC filing and provide any information, including testimony, reasonably required by the Lxxx Substation Owners to comply with the applicable FERC filing requirements.
