Note to Sellers. EE definition can be removed for other Project types]
Note to Sellers. This is for a 100 MW project. Use $10,000/MW]. If after such change in Law has occurred, Seller determines that it will exceed the RPS Qualification Expenditure Maximum to implement the RPS Qualification Improvement, Seller shall notify Buyer and provide documentation and calculations to support the expected exceedence (“RPS Qualification Improvement Notice”). Buyer shall then have sixty (60) days after receipt of the RPS Qualification Improvement Notice to verify or dispute Seller’s documentation and calculation. The Parties shall then have thirty (30) days to agree in writing (such agreement not to be unreasonably withheld, conditioned or delayed) on the amount by which Seller will exceed the RPS Qualification Expenditure Maximum in order to satisfy the RPS Qualification Improvement (“RPS Qualification Improvement Amount Agreement”). Buyer may then:
Note to Sellers. If Project is Energy Efficiency, Replace this Section 9.3 with the following: Payment of all undisputed amounts owed shall be paid in accordance with Invoice submittal requirements in Appendix XX.]
Note to Sellers. The Company’s two current subsidiaries will be transferred out of the Company prior to the Closing, with evidence of such transfer delivered to the Purchaser. Any assets held by such subsidiaries and used in the Company’s business should be transferred to the Company prior to the Closing.
Note to Sellers. At the Closing, Buyer shall deliver to Sellers a subordinated note in favor of Sellers in the amount of One Million Two Hundred Thousand Dollars ($1,200,000), subject to reduction pursuant to the last sentence of Section 3.2(b, in the form attached hereto as Exhibit B (the “Note”). The Note shall provide for interest at the rate of 7% per annum payable quarterly in arrears, with all outstanding principal and interest due in full on the third anniversary date of the Closing Date.
Note to Sellers. Buyer Curtailment Periods will be summed to calculate hours used; for example, 12 five-minute intervals or 6 ten-minute intervals would both be equal to one hour of curtailment] The Project will be capable of receiving and responding to all Dispatch Instruction in accordance with Section 3.1(p). Advance notification required for a Buyer Bid Curtailment or Buyer Curtailment Order: ____ Maximum number of Start-ups per calendar day (if any such operational limitations exist): ____ Maximum number of Buyer Bid Curtailment and Buyer Curtailment Orders per calendar day (if any such operational limitations exist): ____ Minimum hold time between successive Buyer Bid Curtailment or Buyer Curtailment Orders: ____ Ramp Rate: ____MW/minute Note: Sellers should enter the maximum flexibility the Project can offer given the operational constraints of the technology. Seller must indicate in the offer form if the Project cannot meet the Real-Time Market Settlement Interval timeline (currently 5-minute intervals). APPENDIX XVI FORM OF LETTER OF CONCURRENCE [Date] [Name] [Position] [Company] [Address] Re: Letter of Concurrence Regarding Control of [Name] Facility This letter sets forth the understanding of the degree of control exercised by Pacific Gas and Electric Company (“PG&E”) and [Company Name] with respect to [Facility Name (the “Facility”)] for the purposes of facilitating compliance with the requirements of the Federal Energy Regulatory Commission’s (“Commission”) Order No. 697.3 Specifically, Order No. 697 requires that sellers filing an application for market-based rates, an updated market power analysis, or a required change in status report with regard to generation specify the party or parties they believe have control of the generation facility and extent to which each party holds control.4 The Commission further requires that “a seller making such an affirmative statement seek a ‘letter of concurrence’ from other affected parties identifying the degree to which each party controls a facility and submit these letters with its filing.”5 PG&E and [Company Name] have executed a [power purchase and sale agreement (the “Agreement”)] with regard to the Facility. The Facility is a [XX] MW [description] facility located in [County, State]. Pursuant to the Agreement, [Company Name] maintains sole control of the Facility. [Company Name] agrees to provide subsequent Letters of Concurrence as may be necessary should any of the information provided herein change after the e...
Note to Sellers. To be updated as necessary for each Seller.
Note to Sellers. This group to include the family members (other than Xxxxxxx, a minor). Extent of coverage of Xxxx and Xxxxx under review.
Note to Sellers. Schedule 5.1 to include monetizing the life insurance policy currently in place with respect to the life of Xx. Xxxx X. Day and severance payments to be made to Xxxxx Xxxxx & Xxxxx XxXxxxxx. or indirectly do, or propose to do, any of the following without the prior written consent of Parent and the Purchaser:
