Section 45 Credit definition
Examples of Section 45 Credit in a sentence
If Seller, and if applicable, any Third Party Investor(s), is claiming more Section 45 Credits than the amount that Purchaser determines to be appropriate, then for purposes of this Section 3.2, Purchaser may elect to have the Sunoco Realized Value, and if applicable, the Other Realized Value, determined based on such lower amount of Section 45 Credits (such lower amount referred to as the “Recomputed Section 45 Credit Amount”).
If Lessee does not elect to exercise its termination right, a Renewal Term shall automatically commence and this Lease shall continue to renew for successive Renewal Terms thereafter until the termination of the Section 45 Credit for Refined Coal produced by the Facility.
Seller has no obligation to Purchaser under this Section 3.2 to the extent the amount of Section 45 Credits actually allowed exceed the Recomputed Section 45 Credit Amount.
If there is a later reduction in any Section 45 Credits claimed by Seller or any Third Party Investor, then Purchaser’s liability under Section 3.3(d) shall be determined only with respect to such reduction below the Recomputed Section 45 Credit Amount.
Thereafter, if the Section 45 Credit for Refined Coal produced by the Facility is extended, Lessee shall be entitled in its sole discretion to terminate this Lease.
If Provider, and if applicable, any Third Party Investor(s), is claiming more Section 45 Credits than the amount that Off-Taker determines to be appropriate, then for purposes of this Section 3.5, Off-Taker may elect to have the Sunoco Realized Value, and if applicable, the Other Realized Value, determined based on such lower amount of Section 45 Credits (such lower amount referred to as the “Recomputed Section 45 Credit Amount”).
Provider has no obligation to Off-Taker under this Section 3.5 to the extent the amount of Section 45 Credits actually allowed exceed the Recomputed Section 45 Credit Amount.
If there is a later reduction in any Section 45 Credits claimed by Provider or any Third Party Investor, then Off-Taker’s liability under Section 3.5(d) shall be determined only with respect to such reduction below the Recomputed Section 45 Credit Amount.
The New Facility is capable of producing in the aggregate 4,200,000 Tons of Refined Coal per year that are eligible for the Section 45 Credit when the New Facility is used in connection with the Power Plant and associated equipment, although actual production levels will be determined by a variety of factors including decisions of Lessee, Utility demand and proper operation and functioning of the Power Plant.
Thereafter, if the Section 45 Credit for Refined Coal produced by the Facility is extended, Lessee shall be entitled in its sole discretion to terminate the Lease.