As of the Document Closing Date, there are no Liens on the Pledged Equity Interests other than Liens granted under the DOE Credit Facility Documents as of the Document Closing Date and the Pre-Funding Encumbrances and those certain Liens granted to the Power Purchaser in connection with the Power Purchase Agreement.
However, the total On-grid Output of the year of the Power Seller shall not exceed the planned index arranged by the Power Purchaser.
Prior to the startup operation of distant terminal of electric energy output of the Power Purchaser, the recorded data shall be the data at 24:00 indicated in the clause (3) by using the frozen function of the kilowatt-hour meter and shall be written down on the spot the next day as agreed by the staff of both Parties.
In the event that the On-grid Output is below the index of the monthly plan arranged by the Power Purchaser due to the Power Sellers Cause, such difference of current month shall be cancelled.
The permitted deviation of power generation active curve is +-3% and the Power Purchaser will not pay fees for the portion above 3% of the power generation active curve, and deduct the deficiency electricity portion below 3% of the power generation active curve correspondingly from the index of current month electricity.