O&M Costs means, for any period, the sum, computed without duplication, of the following (in each case incurred by any Loan Party and not reimbursed by any other Person, except if the proceeds of such reimbursement are deposited into the Revenue Account): (a) direct expenses of administering and operating the Frac Fleets or the related yards where such Frac Fleets are stored and of maintaining the Frac Fleets and the related yards where such Frac Fleets are stored in good repair and operating condition (including routine operating and maintenance expenses, Maintenance Capital Expenditures, expenses under spare parts agreements, fuel costs, payments under leases and other costs of utilities, supplies, spare parts and other services), (b) insurance costs or surety bonds (including premiums and deductibles or costs associated with complying with any applicable insurance or bonding obligations under this Agreement), (c) costs, expenses and fees attendant to obtaining and maintaining in effect any Governmental Authorization, (d) legal, accounting and other professional fees and expenses attendant to any of the foregoing items, (e) sale, franchise, margin, licensing, value-added, excise, real estate, use, property and other non-income state, local and federal taxes, (f) any Capital Expenditures for Investments, subject to the cap on such expenses set forth in Section 5.02(m)(iii), (g) payments on account of any Permitted Debt described in Sections 5.02(b)(v)(A), 5.02(b)(v)(B), and 5.02(b)(vi), (h) any ordinary course settlement payments in connection with Hedge Agreements entered into in accordance with the terms of the Loan Documents and (i) all other expenses, fees and costs incurred by any Loan Party, directly in connection with the ownership, operation, maintenance or administration of any Frac Fleet; provided that all of the foregoing costs and expenses shall be determined on a cash basis and shall not include depreciation, amortization and other non-cash items; provided, further, that “O&M Costs” shall not include: (A) payments of any kind during such period to the holders of Equity Interests of the Borrower or any Affiliate thereof (other than (x) to the Borrower or any Guarantor (other than Holdings or the Parent)), (y) to any Affiliate as payment of or reimbursement for costs that would be permitted to be paid by the Borrower or any Subsidiary Guarantor as O&M Costs if incurred or paid directly by the Borrower or (z) payments that are made in compliance with Sect...
O&M Costs means actual cash management and operation costs of the Company, taxes payable by the Company, insurance premiums, consumables, fees and expenses of, and other amounts owing to, the Collateral Agent and the depositary under the Deposit Agreement, and other costs and expenses in connection with the management or operation of the Company, but exclusive in all cases of (a) non-cash charges, including depreciation or obsolescence charges or reserves therefor, amortization of intangibles or other bookkeeping entries of a similar nature, (b) all other payments of Debt Service and Yield-Maintenance Amounts, if any, (c) costs of repair or replacement paid with insurance proceeds and (d) development costs related to any Project Finance Subsidiary.
O&M Costs means all actual cash maintenance and operation costs (excluding costs of fuel, emissions allowances and/or credits, Capital Expenditures and Major Maintenance) incurred and paid, or if appropriate, to be incurred and paid, for the Facility in any particular calendar or fiscal year or period to which said term is applicable, including payments with respect to Permitted Trading Activities, additives or chemicals and transportation costs, taxes, insurance, consumables, payments under the Facility Site Sublease and other real property agreements pursuant to which the Facility Lessee has rights in the Facility Site, payments pursuant to the agreements for the management, operation or maintenance of the Facility reasonable legal fees and expenses paid by the Facility Lessee in connection with the management, maintenance or operation of the Facility, fees paid in connection with obtaining, transferring, maintaining or amending any Applicable Permits and reasonable general and administrative expenses, but exclusive in all cases of noncash charges, including depreciation or obsolescence charges or reserves therefor, amortization of intangibles or other bookkeeping entries of a similar nature. For the avoidance of doubt, no amount which may become due and owing by the Facility Lessee to EMMT under the Energy Sales Agreement shall be deemed to be an O&M Cost unless such amount is directly related to an amount owed by EMMT to an unrelated third party.
Examples of O&M Costs in a sentence
Forecast Factor less ***** ***** Cap Factor less ***** ***** Final USS Costs ***** ***** O&M Adjustment Shares Invoiced O&M Costs ***** Actual O&M Costs ***** Actual vs.
Unanticipated or Unusually High O&M Costs During Review PeriodDescribe costs and reasons: V.
The selection of the Reference Resource for each of the four VC types (Cold, Hot, Intermediate Startup and Operation at LSL) will be done on the basis of the highest ERCOT approved Verifiable O&M Costs for a comparable non-PPA Resource for that VC type.
The Reference Resource shall be the Resource within that group with the highest ERCOT approved Verifiable O&M Costs.
All PPA based Verifiable O&M Costs will be capped at the level of a Reference Resource.
More Definitions of O&M Costs
O&M Costs means all amounts disbursed by or on behalf of the Borrower for operation, maintenance, repair, or improvement of the Facility, including, without limitation, premiums on insurance policies, property, income and all other taxes to the extent paid, and payments under the relevant operating and maintenance agreements, leases (including Operating Lease Obligations), royalty and other land use agreements, and any other payments required under the Project Documents, each as determined on a cash basis and otherwise in accordance with GAAP.
O&M Costs means, for any period, all actual cash operating and maintenance costs incurred and paid by Borrower or any Project Company for such period, payments required under the Project Documents, including under the Turbine Service Agreement and the O&M Service Agreement for such period, costs for major maintenance for such period, local sales and real estate taxes for such period, income tax (if any) for such period, insurance premiums for such period, consumables, payments made in connection with the requirements of any Permits or Legal Requirements for such period, payments under any lease or any Real Property Agreement (including any royalty or similar payments), reasonable legal, accounting and consulting fees, costs and expenses paid by Borrower or any Project Company in connection with the management, maintenance or operation of the Projects in accordance with the Project Documents for such period whether performed by an Affiliate or the Member, fees paid in connection with obtaining, transferring, maintaining or amending any Applicable Permits and reasonable general and administrative expenses for such period, but exclusive, in all cases, of non-cash charges, including depreciation or obsolescence charges or reserves therefor, amortization of intangibles or other bookkeeping entries of a similar nature, and also exclusive of all debt service obligations of Borrower under the Financing Documents.
O&M Costs shall have the meaning assigned to such term in the Depositary Agreement.
O&M Costs as defined in the Depositary Agreement.
O&M Costs means the operation and maintenance costs incurred by the Ancillary Service Provider in operating the Contracted Ancillary Service Resources designated for providing Black Start Capability Services and shall (a) include the cost of testing such Contracted Ancillary Service Resources, and fuel costs incurred by Contracted Ancillary Service Resources when activated by the PSO to provide the black start service, and (b) exclude depreciation and interest expense on the fixed assets;
O&M Costs means, for any period, fees and expenses paid to (a) a Services Provider as payment of the “Maintenance Services Fee” (as such term is defined in each Maintenance Services Agreement, or any other maintenance fees paid to a maintenance provider to the Projects pursuant to a replacement maintenance agreement entered into in accordance with Section 8.2.12, (b) a Services Provider as payment of the “Lease Services Fee” (as such term is defined in each Lease Servicing Agreement, or any other lease servicing fees paid to a lease servicer for the Projects pursuant to a replacement lease servicing agreement entered into in accordance with Section 8.2.12, (c) any third party service provider as payment for ”accounting expenses” included in the Annual Operating Budget and (d) counterparties pursuant to Other Contracts.
O&M Costs means all costs of MCWD and MCWRA in connection with the Project Facilities, including, but not limited to, the aggregate of the MCWD O&M Costs, the MCWRA O&M Costs, the Energy Costs and the CAW Regional Desalination Project Related Expenses and any other costs subject to reimbursement under this Agreement, except those costs (i) previously reimbursed by CAW to MCWD or MCWRA, (ii) included in the Indebtedness, or (iii) paid from the Reserve Fund Payments Account.