Third-Party Sale. Any sale for resale in interstate commerce to a Power Purchaser that is not designated as part of Network Load under the Network Integration Transmission Service but not including a sale of energy through the PJM Interchange Energy Market established under the PJM Operating Agreement.
Third-Party Sale. If Lessor does not elect to purchase the Leasehold Interest on the terms and conditions of the Lessee Offer, or fails to respond to the Lessee Offer within the time period prescribed in Section 2.4 above, Lessee shall have the right to sell its Leasehold Interest to a third party (a “Third-Party Sale”) at any time within one (1) year after the Lessee Offer Date (which, in the event there has been no Lessor ROFO Response, shall be the date Lessee submitted the Notice of Intent to Sell) (the “Outside Closing Date”), without having to reoffer the Leasehold Interest to Lessor; provided that the Third-Party Sale price, excluding any Extension Fee intended to be paid from the Third-Party Sale price at the time of such purchase but prior to any deduction for closing costs, lender fees, or brokerage commissions (the “Net Sale Price”), is no less than ninety-five percent (95%) of the Lessee Offer Price set forth in the Notice of Intent to Sell (the “Threshold Price”), and the Other Material Terms of the Third-Party Sale do not significantly differ from those stated in the Notice of Intent to Sell.
Third-Party Sale. If the Offeree does not accept the Offer during the Offer Period, the Offeror shall be entitled, within a period of sixty days after the expiry of the Offer Period, to sell the Purchased Shares to the Buyer in accordance with the Third Party Offer, subject to Article
Third-Party Sale. Notwithstanding the foregoing, if (i) the Company and the ROFR Holders shall not have elected to purchase all of the ROFR Offered Units on or prior to the ROFR Expiration Date, then the ROFR Offeror must comply with the terms of Section 6.5 prior to Transferring any of the ROFR Offered Units to any Person. After complying with this Section 6.3 (if the Company and ROFR Holders do not elect to purchase all of the ROFR Offered Units) and after complying with Section 6.5, the ROFR Offeror Holder may sell all, but not less than all, of the ROFR Offered Units (as adjusted to accommodate any Units to be sold pursuant to Section 6.5) within ninety (90) days after the ROFR Expiration Date; or (ii) if the Company and the ROFR Holders fail to consummate the closing of the purchase and sale of the ROFR Offered Units within the time period provided in the last sentence of Section 6.3(b) (such period, the “ROFR Closing Period”) and the ROFR Offeror Holder has fully complied with the provisions of this Section 6.3 and Section 6.5 then the Company and the ROFR Holders shall not have the right to purchase any of the ROFR Offered Units and the ROFR Offeror Holder may sell all, but not less than all, of the ROFR Offered Units (as adjusted to accommodate any Units to be sold pursuant to Section 6.3 and Section 6.5) to a Third Party within ninety (90) days after the expiration of the ROFR Closing Period, in each case subject to the provisions of Section 6.10. Any such sale shall not be at less than the price or upon terms and conditions more favorable, individually or in the aggregate, to the third party purchaser than those specified in the Third Party Offer. If the ROFR Offered Units are not so transferred within such ninety (90)-day period, the ROFR Offeror Holder may not sell any of the ROFR Offered Units without again complying in full with the provisions of this Section 6.3. Each ROFR Holder may assign its rights under this Section 6.3 to its Affiliates.
Third-Party Sale. The Commission under its Solar Power – Grid Connected, Ground Mounted and Roof top and the Metering Regulation JERC-19/2015 allows third party sale of the energy generated through the Solar Plant provided the buyer and the seller are in the same territory. However, the buyer of the power will be levied the cross subsidy for the units of power bought, if the same are applicable for the buyer for grid power supply. The rate of Cross subsidy rate will be same as applicable to the buyer of the Power even without buying Solar Power.
Third-Party Sale. Any sale for resale of generation capacity or energy to a Power Purchaser that is not designated as part of Network Load under the Network Integration Transmission Service.
Third-Party Sale. If, following termination of this Agreement pursuant to Sections 6.1 or 6.2, Seller sells the Membership Interests to a Person that is not an Affiliate of Buyer (a “Third Party Sale”), then Seller shall give notice thereof to Buyer and pay to Buyer, simultaneous with the closing of such Third Party Sale, an amount equal to:
Third-Party Sale. If all of the Offered Units are not fully subscribed for by the Eligible Purchasers pursuant to the foregoing, the Company shall have the right to issue and sell the unsubscribed for portion of the Offered Units to the Proposed Purchaser for the price and on the terms and conditions described in the First Notice at any time during the ninety (90) days following the termination of the Election Period. After such ninety (90) day period, if such Offered Units are not so sold, the Company shall again comply with the terms of this Section 4.4 before selling or issuing any Offered Units.
Third-Party Sale. Any sale in interstate, interprovincial or international commerce to a Power Purchaser that is not designated as supplying either Network Load under the Network Integration Transmission Service.
Third-Party Sale. If the Buyer rejects the offer (or is deemed to have rejected the offer pursuant to Section 5.4(ii)(C)), Seller may Transfer the Option Shares on terms as set forth in the offer and such Transfer shall terminate the Option. Any changes in the purchase price of the Option Shares shall be deemed to be a new offer.
