Forward Capacity Market Participation Sample Clauses

Forward Capacity Market Participation. Seller shall participate in the ISO-NE’s Forward Capacity Auction Qualification (“FCAQ”) process for, and take all other necessary and appropriate actions to qualify for, the Forward Capacity Auction (“FCA”) for the first full Capacity Commitment Period during the Services Term with a summer Seasonal Claimed Capability and a winter Seasonal Claimed Capability in each case not less than the respective maximum Seasonal Claimed Capabilities as determined by ISO-NE for Seller’s project as described in the Bid, including qualifying the Seasonal Claimed Capabilities described in the Bid for Capacity Capability Interconnection Standard-equivalent interconnection. Notwithstanding the above, actual Seller participation in any FCA or obtaining a Capacity Supply Obligation shall not be required, but may be pursued at the option of Seller. Seller will provide Buyer with copies of all technical reports and studies provided to and/or by ISO-NE as part of the FCAQ process for the Facility, as described in this Section 3.7, at the same time when those materials are provided to and/or by ISO-NE. Seller shall use commercially reasonable efforts, consistent with Good Utility Practice, to maximize the summer and winter Seasonal Claimed Capabilities for the Facility consistent with the technical reports and studies provided to and/or by ISO-NE and with the Bid. Seller will provide Buyer with written notice of the summer and winter Seasonal Claimed Capabilities for the Facility and the Network Upgrades required to satisfy both the Network Capability Interconnection Standard and the equivalent of the Capacity Capability Interconnection Standard at the Interconnection Point at those Seasonal Claimed Capabilities within fifteen (15) days after the determination thereof by ISO-NE.
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Forward Capacity Market Participation. Seller shall participate in such Forward Capacity Auction qualification process as required to allow Seller to qualify a Seasonal Claimed Capability of not less than 1,090 MW over the U.S. Transmission Line no later than the Guaranteed Delivery Term Start Date, as it may be extended pursuant to Sections 3.1(c) through 3.1(f). The Parties acknowledge and agree that (a) such participation by Seller is only intended to allow ISO-NE to determine which Network Upgrades would be required to (i) deliver such Seasonal Claimed Capability and (ii) satisfy the Capacity Capability Interconnection Standard under the ISO-NE Rules and (b) as contemplated by the TSA, such Network Upgrades, if any, shall be at U.S. Transmission Provider’s sole expense. For the avoidance of doubt, but without limiting the condition set forth in Section 3.4(b)(ii), Seller shall have no obligation during the Services Term to pay for such Network Upgrades or to complete the Forward Capacity Auction qualification process.
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Forward Capacity Market Participation. Seller shall take (i) all necessary and appropriate actions to qualify and participate in every FCM auction applicable to the Services Term; and (ii) commercially reasonable actions to be selected and compensated in every FCM auction applicable to the Services Term, in each case with a Seasonal Claimed Capacity of not less than [ ] MW. Subject to Good Utility Practice, Seller shall operate the Facility in a manner to maximize the Capacity Supply Obligation of the Facility. [Provision included to the extent the proposal contemplates an FCM commitment]
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Forward Capacity Market Participation. (a) Seller agrees to use commercially reasonable efforts to maintain throughout the Term the Facility’s Capacity Supply Obligation (“CSO”) for the entire quantity of capacity of its CSO as of the Effective Date and agrees not to withdraw or reduce such participation or positions taken. For the avoidance of doubt, Seller shall take all required actions to so preserve the full CSO and shall not permit or agree to any reduction or elimination of the Facility’s CSO. If despite Seller’s commercially reasonable efforts the CSO is reduced or eliminated, the Seller agrees to use commercially reasonable efforts to qualify and participate in FCM auction activity, including, but not limited to, annual Forward Capacity Auctions (“FCA”) so as to maximize the amount of capacity the Facility provides in the FCM. If despite such commercially reasonable efforts the Seller is unsuccessful in obtaining a CSO for the entire quantity available to be offered in any annual FCA, then Seller agrees to pursue such remaining quantity in substitution auctions. If Seller, despite its commercially reasonable efforts, is not successful in obtaining a CSO for the entire quantity available to be offered in either the annual FCA or the substitution auction, Seller agrees to pursue a CSO for the remaining quantity available to be offered first in the annual reconfiguration auctions, and if unsuccessful in the annual reconfiguration auctions, in the monthly reconfiguration auctions. Seller shall provide documentation to the Buyer demonstrating the satisfaction of the foregoing obligations.
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Forward Capacity Market Participation. Seller must take (i) all necessary and appropriate actions to qualify and participate; and (ii) commercially reasonable actions to be selected and compensated in every auction applicable to the Services Term, in any capacity market, including the Forward Capacity Market and any successor capacity market. Subject to Good Utility Practice and the manufacturer’s guidelines for all material components of the Facility, Seller shall operate the Facility in a manner to maximize the Capacity Supply Obligation of the Facility. Seller shall use best efforts to make Network Upgrades such that the maximum output of the Facility shall be qualified to participate in the FCM. Seller shall provide documentation to the Buyer demonstrating the satisfaction of the foregoing obligations. Notwithstanding the foregoing, Seller shall have no obligation under this Section 7.4 unless and until Seller can participate in the FCM as provided in the ISO-NE Rules, as revised from time to time at materially no more cost or risk than would be incurred by a wind generating facility of comparable size within the ISO-NE control area under the ISO-NE Rules at that time. Notwithstanding the foregoing, nothing in this Agreement shall entitle Buyer to any capacity revenues related to the Facility.
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Forward Capacity Market Participation. Seller shall take (i) all necessary and appropriate actions to qualify and participate in every FCM auction applicable to the Services Term; and (ii) commercially reasonable actions to be selected and compensated in every FCM auction applicable to the Services Term, in each case with a Seasonal Claimed Capacity of not less than [_____] MW. Subject to Good Utility Practice, Seller shall operate the Facility in a manner to maximize the Capacity Supply Obligation of the Facility. [Provision included to the extent the proposal contemplates an FCM commitment] Continuing Nature of Representations and Warranties. The representations and warranties set forth in this Section are made as of the Effective Date and deemed made continually throughout the Term, subject to the removal of the references to the Regulatory Approval and Permits as and when the Regulatory Approval and Permits are obtained. If at any time during the Term, a Party has knowledge of any event or information which causes any of the representations and warranties in this Article 7 to be untrue or misleading, such Party shall provide the other Party with prompt written notice of the event or information, the representations and warranties affected, and the corrective action such Party shall take. The notice required pursuant to this Section shall be given as soon as practicable after the occurrence of each such event. REGULATORY APPROVAL
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Forward Capacity Market Participation. Seller must take (i) all necessary and appropriate actions to qualify and participate; and (ii) commercially reasonable actions to be selected and compensated in every auction applicable to the Services Term, in any capacity market, including the Forward Capacity Market and any successor capacity market. Subject to Good Utility Practice, Seller shall operate the Facility in a manner to maximize the Capacity Supply Obligation of the Facility. Seller shall use best efforts to make Network Upgrades such that the maximum output of the Facility shall be qualified to participate in the FCM. Seller shall provide documentation to the Buyer demonstrating the satisfaction of the foregoing obligations.] [to be included in PPAs for those selected bids that provide for participation in FCM; otherwise this provision will be deleted in the execution version PPA] REGULATORY APPROVAL
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Forward Capacity Market Participation. Parties shall at least once per contract year, negotiate in good faith whether Seller shall bid into the FCM or any successor market, and subject to Good Utility Practice, operate the Facility in a manner to maximize the capacity value credited to the Facility. Any annual net positive capacity revenues will be shared 60% to Seller, 40% to Buyer.
Sample 1
Forward Capacity Market Participation. Seller must take (i) all necessary and appropriate actions to qualify and participate; and (ii) commercially reasonable actions to be selected and compensated in every auction applicable to the Services Term, in any capacity market in ISO-NE, including the Forward Capacity Market and any successor capacity market. Subject to Good Utility Practice, Seller shall operate the Facility in a manner to maximize the Capacity Supply Obligation of the Facility. Seller shall use best efforts to make Network Upgrades such that the maximum output of the Facility shall be qualified to participate in the FCM. Seller shall provide documentation to the Buyer demonstrating the satisfaction of the foregoing obligations. Seller shall retain all revenues received from ISO-NE for its capacity in the Forward Capacity Market, and shall have no liability to Buyer nor shall it be a default if Seller’s capacity does not clear the capacity in the Forward Capacity Market.
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Related to Forward Capacity Market Participation

  • Applicable Percentage Except as provided otherwise in the next sentence, the term "Applicable Percentage" shall mean: (i) 0% during the one-year period commencing on the Closing Date (ii) 20% during the one-year period commencing on the first anniversary of the Closing Date; (iii) 40% during the one-year period commencing on the second anniversary of the Closing Date; (iv) 60% during the one-year period commencing on the third anniversary of the Closing Date; (v) 80% during the one-year period commencing on the fourth anniversary of the Closing Date; and (vi) 100% on and after the fifth anniversary of the Closing Date. Notwithstanding the foregoing, (A) immediately prior to and after the occurrence of a Sale of the Company, such Applicable Percentage shall mean 100%, and (B) in the case of a termination of employment described in Section 7.2(a)(iii)(B), such Applicable Percentage in clauses (i), (ii) and (iii) shall be 0%, and in clauses (iv) and (v) and (vi) shall be 40%, 75% and 100%, respectively.

  • Equity Participation This Warrant is issued in connection with the Loan Agreement. It is intended that this Warrant constitute an equity participation under and pursuant to T.C.A. '47-24-101, et seq. and that equity participation be permitted under saxx xxxxxxes and not constitute interest on the Note. If under any circumstances whatsoever, fulfillment of any obligation of this Warrant, the Loan Agreement, or any other agreement or document executed in connection with the Loan Agreement, shall violate the lawful limit of any applicable usury statute or any other applicable law with regard to obligations of like character and amount, then the obligation to be fulfilled shall be reduced to such lawful limit, such that in no event shall there occur, under this Warrant, the Loan Agreement, or any other document or instrument executed in connection with the Loan Agreement, any violation of such lawful limit, but such obligation shall be fulfilled to the lawful limit. If any sum is collected in excess of the lawful limit, such excess shall be applied to reduce the principal amount of the Note.

  • Commitment Percentage With respect to each Lender, the percentage set forth on Schedule 1.1 hereto as such Lender’s percentage of the aggregate Commitments of all of the Lenders, as the same may be changed from time to time in accordance with the terms of this Agreement.

  • Joint Participation The parties hereto participated jointly in the negotiation and preparation of this Release, and each party has had the opportunity to obtain the advice of legal counsel and to review and comment upon the Release. Accordingly, it is agreed that no rule of construction shall apply against any party or in favor of any party. This Release shall be construed as if the parties jointly prepared this Release, and any uncertainty or ambiguity shall not be interpreted against one party and in favor of the other.

  • L/C Participations (a) The Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce the Issuing Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from the Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant’s own account and risk an undivided interest equal to such L/C Participant’s Revolving Credit Commitment Percentage in the Issuing Lender’s obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by the Issuing Lender thereunder. Each L/C Participant unconditionally and irrevocably agrees with the Issuing Lender that, if a draft is paid under any Letter of Credit for which the Issuing Lender is not reimbursed in full by the Borrower through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to the Issuing Lender upon demand at the Issuing Lender’s address for notices specified herein an amount equal to such L/C Participant’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

  • No Equity Participation No document relating to the Mortgage Loan provides for any contingent or additional interest in the form of participation in the cash flow of the Mortgaged Property or a sharing in the appreciation of the value of the Mortgaged Property. The indebtedness evidenced by the Mortgage Note is not convertible to an ownership interest in the Mortgaged Property or the Mortgagor and Seller has not financed nor does it own directly or indirectly, any equity of any form in the Mortgaged Property or the Mortgagor.

  • Program Participation By participating in the CRF Program, Grantee agrees to:

  • Company Participation Subject to Section B.6, the Company shall not be liable to indemnify the Indemnitee under this Agreement with regard to any judicial action if the Company was not given a reasonable and timely opportunity, at its expense, to participate in the defense, conduct and/or settlement of such action.

  • Swing Line Loans The Borrower shall repay each Swing Line Loan on the earlier to occur of (i) the date ten Business Days after such Loan is made and (ii) the Maturity Date for the Revolving Credit Facility.

  • Amount of Swing Line Loans Upon the satisfaction of the conditions precedent set forth in Section 4.2 and, if such Swing Line Loan is to be made on the date of the initial Credit Extension hereunder, the satisfaction of the conditions precedent set forth in Section 4.1 as well, from and including the Restatement Effective Date and prior to the Facility Termination Date, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make Swing Line Loans in Dollars to the Borrower from time to time in an aggregate principal amount not to exceed the Swing Line Commitment, provided that (i) the Aggregate Outstanding Credit Exposure shall not at any time exceed the Aggregate Commitment and (ii) at no time shall the sum of (a) the Swing Line Loans then outstanding, plus (b) the outstanding Revolving Loans made by the Swing Line Lender pursuant to Section 2.1 (including its participation in any Facility LCs), exceed the Swing Line Lender’s Commitment at such time. Subject to the terms of this Agreement, the Borrower may borrow, repay and reborrow Swing Line Loans at any time prior to the Facility Termination Date.

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