|NRG ENERGY, INC. filed this Form 10-K on 03/01/2018|
NRG ENERGY, INC. HAS REQUESTED THAT THE OMITTED PORTIONS OF THIS DOCUMENT, WHICH ARE INDICATED BY ASTERISKS, BE ACCORDED CONFIDENTIAL TREATMENT PURSUANT TO RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934.
“Existing SREC Agreement” means the SREC Program Management Agreement, effective as of September 16, 2015, by and between NRG Power Marketing LLC and Renew.
“FERC” means the Federal Energy Regulatory Commission, or its successor.
“Final Employee Schedule” has the meaning set forth in Section 8.06(a)(ii).
“Final Patriot Sale Price” means the Preliminary Patriot Sale Price as such amount may be adjusted pursuant to such working capital or other adjustment mechanisms specified in the Patriot PSA.
“Final Patriot Sale Proceeds” means the proceeds from the Patriot Sale Transaction after determination of the Final Patriot Sale Price.
“Final Purchase Price” has the meaning set forth in Section 2.02.
“Final Settlement Agreement” means that certain Final Settlement Agreement, dated as of June 27, 2017, by and among SunPower Corporation, Systems, on the one hand, and Seller and Renew, on the other hand.
“Final Settlement Amount” has the meaning set forth in Section 8.11.
“Financial Statements” has the meaning set forth in Section 4.12(a).
“FPA” means the Federal Power Act, as amended, and the rules and regulations promulgated thereunder.
“Fundamental Representations” means the Purchaser Fundamental Representations and the Seller Fundamental Representations.
“GAAP” has the meaning set forth in Section 1.02(c).
“Good Industry Practice” means those practices, methods, equipment, specifications and standards of safety and performance and the level of supervision and monitoring of the performance as are generally used in the operation and maintenance of renewable, conventional and thermal generation projects, as applicable, which in the exercise of reasonable judgment and in light of the facts known at the time the decision was made are considered good, safe and prudent practice in connection with the operation and maintenance, or the supervision or monitoring of projects of similar type and size in the same region, and as are in accordance in all material respects with the applicable Governmental Approvals, applicable Laws, equipment manufacturers’ standards and recommendations, and generally accepted standards of professional care, skill, diligence and competence applicable to operation and maintenance practices, or the supervision or monitoring thereof, in the renewable, conventional and thermal generation industries, as applicable. Good Industry Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather to be acceptable practices, methods or acts generally accepted in the United States or applicable region thereof.
“Governmental Approval” means any consent, authorization, release, waiver, estoppel certificate, or other approval or agreement by, or registration, notice, declaration or other filing with, any Governmental Authority.
“Governmental Authority” means any federal, state, local or municipal governmental body; any governmental, quasi-governmental, regulatory or administrative agency, commission, body, arbitrator or other authority exercising or entitled to exercise any administrative, executive, judicial, legislative, policy,