ERGS definition
Examples of ERGS in a sentence
ERGS SC ELM ROAD GENERATING STATION SUPERCRITICAL, LLC By: /s/ ▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President MGE POWER MGE POWER ELM ROAD, LLC By: /s/ ▇▇▇▇ ▇.
Each Party agrees and covenants that it shall not take or omit to take any action or reporting position with any Governmental Authority contrary to this Section 7.1. Furthermore, each Party agrees that to the extent permitted by Section 761 of the Code and the Treasury Regulations thereunder, it will, in a timely manner, cooperate in ERGS SC’s filing of the election provided for in Section 1.761-2(b) of the Treasury Regulations to elect out of the provisions of Subchapter K of the Code.
The Guarantor shall not, without the prior written consent of each of ERGS SC and the Project Manager, delegate to any Person this Guaranty or any of its obligations under this Guaranty.
The Transferor and ERGS SC shall use commercially reasonable efforts to close the Transfer as quickly as possible.
Each of WPPI and MGE Power shall be entitled to request only one certificate from ERGS SC pursuant to this Section 3.3(f).
If at any time during the Incremental Charge Period, MGE Power’s or WPPI’s Unit 2 Ownership Interest is greater than its Unit 1 Ownership Interest (including when it does not have a Unit 1 Ownership Interest), then such Party shall be obligated to pay an amount (an “Incremental Charge”) determined in accordance with Section 2 below to ERGS SC and the other Unit 1 Owner, if applicable, in accordance with Section 3 below.
ERGS SC shall have the right, in addition to the other rights and remedies granted under this Agreement or available to it at law or in equity, to take any action that ERGS SC may deem appropriate to obtain payment of any such loan and interest thereon and any costs and expenses incurred by or on behalf of ERGS SC to collect same, including reasonable attorneys fees.
ERGS SC, MGE Power and WPPI have set forth in this Agreement the terms and conditions by which they shall jointly own the New Common Facilities should MGE Power and/or WPPI become Unit Owners pursuant to one or both of the Unit Ownership Agreements.
The parties acknowledge that ERGS shall be responsible for all testing of the Facility in accordance with the ERGS Facility Lease.
As used in this Section 3.3(b), “commercially reasonable efforts” shall include, in the case of ERGS SC, using commercially reasonable efforts to obtain from the Project Manager such information about the Project as the other Parties may reasonably request from time to time.