Qualified Project. OHCS and Owner hereby acknowledge and agree that, at all times during the term of this Operating Agreement, the Project is to be owned, managed and operated as a Project qualified for funding with Article XI-Q Bonds and with funding supplied pursuant to the Conduit Bond Documents and Financing Documents. [Note: Delete shaded area of sentence if not applicable.] To that end Owner hereby represents, covenants, warrants, and agrees as follows:
Qualified Project. An energy efficiency project which meets the Eversource C&LM Plan program requirements, the requirements of this MA, and the requirements of C.G.S. Section 16a-37u (b) regarding State buildings.
Qualified Project. 4.1. The parties shall mutually agree whether or not to accept the Project described in the Project Identification Form as a Qualified Project. A Project's "
Qualified Project. 6.2.1 Within fifteen (15) days after receipt of a Customer Lead Notice, the parties will schedule a meeting to discuss the project identified therein, further define each party's respective sales and marketing responsibilities, establish rules of engagement and determine Alliance Members Compensation (as defined in Section 6.3 below). Execution of a Customer Lead Notice by Portal shall be entirely in Portal's discretion. Upon execution by Portal of the amended Customer Lead Notice, the project shall be deemed a "Qualified Project".
Qualified Project. The project described in the NLRP Permanent Loan Agreement.
Qualified Project. The Brightwater Project and any Other Project which the Lenders may approve as a Qualified Project in their sole and complete discretion.
Qualified Project. Each Project included in the YESCO Transaction shall be a Qualified Project after giving effect to the consummation of such YESCO Transaction. The Company's representations and warranties contained in Section 3.21 of the Purchase and Sale Agreement (the "Purchase Agreement") by and between AJG and the Company dated as of December 30, 1999 are deemed to be restated and incorporated herein as if fully set forth here and were true and correct as of the Effective Date (as defined in the Purchase Agreement), are true and current as of the date hereof and will be true and correct as of the Effective Date. The consummation of the Merger will not adversely affect the status of any Company Project or YESCO Project as a Qualified Project or otherwise adversely affect the availability of tax credits under Section 29 of the Code with respect to such Projects assuming that USE or Cinergy Corp. or any of its Affiliates (other than Parent and its subsidiaries) (collectively, the "Cinergy Entities") do not take any action which would cause the Seller and Purchaser of any qualified fuel respecting any Project to be treated as a "related persons" under Section 29 of the Code.
