Generation Exchange definition
Examples of Generation Exchange in a sentence
Following the execution of this agreement in principle, the Parties shall in good faith negotiate as soon as practicable definitive agreements (together with any related schedules, together the "Exchange Agreements") reflecting the terms of the Generation Exchange as set forth in this agreement in principle and containing such additional terms, covenants, representations and warranties, assumptions of liability and other conditions as are normal and customary for transactions of this kind.
Upon the complete execution of the Exchange Agreements, the Parties will jointly present to the Court an agreed order which will have the effect of suspending the Eastlake Litigation while preserving the Parties' rights to continue the Eastlake Litigation in the event that the Generation Exchange does not close.
The Generation Exchange will constitute a full settlement of all existing and future litigation between the Parties related to their ownership interests in the CAPCO assets.
Following the execution of this agreement in principle, definitive settlement agreements as to any pending litigation will be negotiated consistent with this agreement in principle and will take effect on the date of closing of the Generation Exchange.
If the Generation Exchange does not so close, DLC shall retain all rights with respects to such litigation, with the exception being that execution of the Exchange Agreements shall constitute an irrevocable waiver by DLC of claims for money damages in the Eastlake Litigation but not for any other remedy, including the partition or sale of the unit.
It is anticipated that the PaPUC will be in a position to issue an order regarding this Generation Exchange not later than December 21, 1998.
Each Party will provide such covenants as are normal and customary for transactions of this kind, including, without limitation, covenants to operate and maintain their respective generation interests in the regular and ordinary course from the date of execution of the Exchange Agreements to the closing date of the Generation Exchange.
The definitive agreements for the Generation Exchange shall clearly define and apportion the rights and obligations of the Parties regarding these matters.
Except as otherwise provided for herein, each Party will bear its own expenses associated with the Generation Exchange, including expenses associated with legal, financial or other advisors retained to negotiate the Exchange Agreements.
If the Generation Exchange as to Eastlake or ▇▇▇▇▇▇ is not consummated for any reason, the Parties shall negotiate arrangements that place them in the same position as to such Plant, with respect to any such costs or benefits, as if neither the Agreement in Principle nor any of the Exchange Agreements had been executed.