|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.
“2019 Convertible Notes” has the meaning set forth in Section 5.03(b).
“2020 Convertible Notes” has the meaning set forth in Section 5.03(b).
“Acquired Interests” has the meaning set forth in the Recitals.
“Acquisition Proposal” has the meaning set forth in Section 13.11.
“Action” means any action, audit, suit, proceeding (whether at law or in equity), demand, claim, dispute, litigation, mediation, inquiry, prosecution, charge, arbitration or investigation.
“Additional Employee” has the meaning set forth in Section 8.06(a)(i).
“Affiliate” of a specified Person means any other Person that directly or indirectly through one or more intermediaries Controls, is Controlled by or is under common Control with the Person specified. For the avoidance of doubt, prior to the Closing, each of Seller, the NYLD Entities and the Company Entities are Affiliates.
“Affiliate Contract” means any Contract between any Seller or any of its Affiliates (other than the NYLD Entities or the Company Entities), on the one hand, and the NYLD Entities or the Company Entities, on the other hand.
“Agreement” means this Purchase and Sale Agreement and the exhibits, schedules (including the Disclosure Schedules) or appendices hereto, as any of the same shall be amended, modified or supplemented from time to time.
“Anti-Corruption Laws” has the meaning set forth in Section 4.18(a).
“Apportioned Obligations” has the meaning set forth in Section 11.01(a).
“Asset Services” has the meaning set forth in the Recitals.
“Assignment and Assumption Agreement for Acquired Interests” has the meaning set forth in Section 9.04.
“Balance Sheet Date” has the meaning set forth in Section 4.12(a).
“Base Purchase Price” has the meaning set forth in Section 2.02.
“Buckthorn Solar” means the approximately 200 MW solar power generation project located in Pecos County, Texas owned by Buckthorn Westex, LLC.
“Buckthorn Solar PSA” means that certain Purchase and Sale Agreement, dated as of January 24, 2018, by and between Renew and NRG Yield Operating LLC.
“Buckthorn Wind” means the approximately 100.5 MW wind generation facility located in Erath County, Texas owned by Buckthorn Wind Project, LLC.
“Buckthorn Wind Equity Contribution Agreement” means the Equity Contribution Agreement, dated as of July 7, 2017, among Buckthorn Wind John Laing OpCo LLC, Buckthorn Wind Pledgor LLC, Renew and Buckthorn Wind Class B Holdco LLC, as amended by First Amendment to Equity Contribution Agreement, dated as of January 3, 2018.