State Regulatory Approval Clause Samples

State Regulatory Approval. Promptly after the date of this Agreement, Buyer and Seller shall file the appropriate applications and notices with the PSC, seeking orders permitting the transfer of service in the Purchased Exchanges to Buyer (collectively, the "Regulatory Approvals"). Buyer will be responsible for establishing the tariff for its post-Closing operations in the Purchased Exchanges. Buyer agrees to use its commercially reasonable efforts to obtain the Regulatory Approvals and Seller agrees to cooperate fully with Buyer and with the applicable regulatory agency to obtain the Regulatory Approvals at the earliest practicable date.

State Regulatory Approval. ​ The commencement of the Delivery Term and the obligations of the Parties hereunder are both expressly subject to Buyer having satisfied the following conditions (collectively, the “State Regulatory Approval Conditions”): ​ (a) within not more than forty-five (45) days following the Execution Date (the “Filing Date”), Buyer, together with Northern Indiana Public Service Company LLC (“NIPSCO”) shall have jointly filed with the Indiana Utility Regulatory Commission (the “State Regulatory Agency”) a request for the State Regulatory Agency to approve, without limitation or modification and by way of a final, non-appealable written order, (i) sales by Buyer to NIPSCO of the Contract Quantity of Product to be acquired by Buyer under this Confirmation, and (ii) for Buyer to make such sales to NIPSCO pursuant to the terms and conditions of that certain Power Purchase Agreement to be entered into between Buyer and NIPSCO (the “Buyer-NIPSCO Agreement”) (the foregoing approval by the State Regulatory Authority being the “State Regulatory Approval”); and ​ (b) by the earlier of (the “State Regulatory Approval Deadline”): (i) one hundred fifty (150) days following the Filing Date, or (ii) one hundred ninety five (195) days following the Execution Date, to have obtained the State Regulatory Approval, without the imposition of any conditions applicable to the Buyer-NIPSCO Agreement unsatisfactory to Buyer in Buyer’s sole discretion, or the imposition of any conditions on Buyer which are required to apply to this Confirmation or any modifications hereto and which, in the sole discretion of Seller, are unsatisfactory to Seller; provided, however, as to Buyer, the retention of the ongoing jurisdiction of the State Regulatory Agency over the performance of Buyer and NIPSCO under the Buyer-NIPSCO Agreement shall not be an unsatisfactory imposition or condition of the State Regulatory Approval. ​ Buyer shall use commercially reasonable efforts to satisfy the State Regulatory Approval Conditions on or before the State Regulatory Approval Deadline, and Seller shall reasonably cooperate with Buyer’s efforts to satisfy the State Regulatory Approval Conditions; provided that Seller shall not be required to make any statements as to or represent for any purposes that the sale of the Product under this Confirmation to Buyer qualifies or is otherwise authorized for sale by Buyer to NIPSCO under the Buyer-NIPSCO Agreement or that such Buyer-NIPSCO Agreement in any way complies with th...

State Regulatory Approval. Any necessary approvals from state public utility regulatory bodies have been obtained, made or given authorizing all transactions and payments contemplated in the Acceptable Transmission Services Agreement, including the approval of power purchase agreements, as applicable, on terms that are acceptable to the customer and the Clean Line Parties.

State Regulatory Approval. Promptly after the date of this Agreement, Buyer and Seller shall file the appropriate applications and notices with the Arizona Corporations Commission and the California Public Utilities Commission (collectively, the "PUC"), seeking orders permitting the transfer of service in the Purchased Exchanges to Buyer (collectively, the "Regulatory Approvals"). Buyer will be responsible for establishing the tariff for its post-Closing operations in the Purchased Exchanges. Each party agrees to use its commercially reasonable efforts to obtain the Regulatory Approvals and the parties agree to cooperate fully with each other and with the applicable regulatory agency to obtain the Regulatory Approvals at the earliest practicable date.

State Regulatory Approval. Promptly after the date of this Agreement, Buyer and Seller shall file the appropriate applications and notices with the Nebraska Public Service Commission (collectively, the "PSC"), seeking orders permitting the transfer of service in the Purchased Exchanges to Buyer (collectively, the "Regulatory Approvals"). Buyer will be responsible for establishing the tariff for its post-Closing operations in the Purchased Exchanges. Each party agrees to use its commercially reasonable efforts to obtain the Regulatory Approvals and the parties agree to cooperate fully with each other and with the applicable regulatory agency to obtain the Regulatory Approvals at the earliest practicable date.

State Regulatory Approval. Except as otherwise provided in this Agreement, if an entity interested in becoming a ▇▇▇▇ Participant must seek and obtain authorization from a state regulatory authority exercising jurisdiction over that entity prior to executing this Agreement, SPP will meet with that entity to determine whether the modification or condition imposed is acceptable and if so, negotiate the accommodation of such modification or condition. In lieu of this Section 10.2, the provisions of Section 16.7 regarding state regulatory approval are applicable to a PSCo BA Participant and a Founding ▇▇▇▇ Participant with respect to its Non- Original Load.

State Regulatory Approval. Promptly after the date of this Agreement, Buyer and Seller shall file the appropriate applications and notices with the Minnesota Public Service Commission (collectively, the "PSC"), seeking orders permitting the transfer of service in the Purchased Exchanges to Buyer (collectively, the "Regulatory Approvals"). Buyer will be responsible for establishing the tariff for its post-Closing operations in the Purchased Exchanges. Each party agrees to use its commercially reasonable efforts to obtain the Regulatory Approvals and the parties agree to cooperate fully with each other and with the applicable regulatory agency to obtain the Regulatory Approvals at the earliest practicable date.

State Regulatory Approval. Any necessary approvals from state public utility regulatory bodies have been obtained, made or given authorizing all transactions and payments contemplated in Permitted Project Investment on terms that are acceptable to the Permitted Project Investment counterparty and the Clean Line Parties.

State Regulatory Approval. If an entity interested in becoming a WEIS Participant must seek and obtain authorization from a state regulatory authority exercising jurisdiction over that entity prior to executing this Agreement, SPP will meet with that entity to determine whether the modification or condition imposed is acceptable and if so, negotiate the accommodation of such modification or condition.