Common use of Qualified Buyer Clause in Contracts

Qualified Buyer. Buyer is qualified to obtain any Permits and Environmental Permits necessary for Buyer to own and operate the Purchased Assets as of the Closing. Without limiting the foregoing, Buyer is not aware of any reason or circumstance that would prevent Buyer from procuring Buyer Required Regulatory Approvals associated with Exempt Wholesale Generator (as defined in the Public Utility Holding Company Act of 1935) status and market-based rate authorization specified in items 3 and 2 of Schedule 5.3(b).

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Pennsylvania Electric Co), Purchase and Sale Agreement (Pennsylvania Electric Co), Asset Purchase Agreement (Pennsylvania Electric Co)

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Qualified Buyer. Buyer is qualified to obtain any Permits and Environmental Permits necessary for Buyer to own and operate the Purchased Auctioned Assets as of the ClosingClosing Date. Without limiting the foregoing, Buyer is not aware of any reason or circumstance that would prevent Buyer from procuring the Buyer Required Regulatory Approvals associated with Exempt Wholesale Generator (as defined in the Public Utility Holding Company Act of 1935) status and market-based rate authorization specified in items 3 and 2 of Schedule 5.3(b)Approvals.

Appears in 2 contracts

Samples: Interconnection Agreement (Potomac Electric Power Co), Interconnection Agreement (Southern Energy Inc)

Qualified Buyer. Buyer is qualified to obtain any Permits and Environmental Permits necessary for Buyer to own and operate the Purchased Auctioned Assets as of the ClosingClosing Date. Without limiting the foregoing, Buyer to the Knowledge of Buyer, there is not aware of any no reason or circumstance that would prevent Buyer from procuring the Buyer Required Regulatory Approvals associated with Exempt Wholesale Generator (as defined in the Public Utility Holding Company Act of 1935) status and market-based rate authorization specified in items 3 and 2 of Schedule 5.3(b)Approvals.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Ch Energy Group Inc)

Qualified Buyer. Buyer is qualified to obtain any Permits and ---------------- Environmental Permits necessary for Buyer to own and operate the Purchased Assets as of the Closing. Without limiting the foregoing, Buyer is not aware of any reason or circumstance that would prevent Buyer from procuring Buyer Required Regulatory Approvals associated with Exempt Wholesale Generator (as defined in the Public Utility Holding Company Act of 1935) status and market-based rate authorization specified in items 3 and 2 of Schedule 5.3(b).

Appears in 1 contract

Samples: Asset Purchase Agreement (Edison Mission Energy)

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Qualified Buyer. Buyer is qualified to obtain any Permits and Environmental Permits necessary for Buyer to own and operate the Purchased Assets as of the Auction Closing. Without limiting the foregoing, Buyer is not aware of any reason or circumstance that would prevent Buyer from procuring the Buyer Required Regulatory Approvals associated with (i) "Exempt Wholesale Generator Generator" status or (as defined in ii) a finding that following the Public Utility Holding Company Act of 1935) status and market-based rate authorization specified in items 3 and 2 of Schedule 5.3(b)Auction Closing, Buyer would not have market power.

Appears in 1 contract

Samples: Asset Purchase Agreement (Orion Power Holdings Inc)

Qualified Buyer. Buyer is qualified to obtain any Permits and Environmental Permits necessary for Buyer to own and operate the Purchased Assets as of the Closing. Without limiting the foregoing, Buyer is not aware of any reason or circumstance that would prevent Buyer from procuring Buyer Required Regulatory Approvals associated with Exempt Wholesale Generator (as defined in the Public Utility Holding Company Act of 1935) status and market-market- based rate authorization specified in items 3 and 2 of Schedule 5.3(b).. 5.9

Appears in 1 contract

Samples: Asset Purchase Agreement (Energy East Corp)

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