Such Store will become an Uncapped Store only after it passes a review by PM USA or an affiliate.
The Store’s status as an Uncapped Store will be effective as of the beginning of the STARS Quarter immediately following the successful passing of such review.
Excluded Liabilities has the meaning set forth in Section 2.4.
Purchaser Benefit Plans has the meaning set forth in Section 8.7(d).
Buyer Benefit Plans has the meaning set forth in Section 6.10(f).
Best available control technology (BACT) means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under CAA which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, takes into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 7 DE Admin. Code 1120 and 1121. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.
Estimated Transaction Expenses has the meaning set forth in Section 2.3(a).