|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.
“Business Day” means a day other than Saturday, Sunday or any day on which banks located in the State of New York are authorized or obligated to close.
“Business Employees” means, collectively, the Offer Employees and the Transferring Employees.
“Business of the Company” means the business and operations of the Company Entities as currently conducted, including the ownership by the Company, as of the Closing Date, of the NYLD Securities.
“Business of NYLD” means the business and operations of the NYLD Entities as currently conducted.
“Cap” has the meaning set forth in Section 13.04(c).
“Capistrano” has the meaning set forth in the Recitals.
“Capistrano Subsidiaries” has the meaning set forth in the Recitals.
“Carlsbad Backstop Equity Commitment Letter” means that certain equity commitment letter, delivered by Global Infrastructure Partners III-A/B, L.P. to Purchaser, dated as of the Effective Date, pursuant to which and subject to the terms and conditions thereof each of the parties thereto (other than Purchaser), has agreed to provide the backstop equity financing set forth therein in connection with Purchaser’s obligations under Section 8.08.
“Carlsbad PSA” means that certain Purchase and Sale Agreement, dated as of the Effective Date, by and between NRG Gas Development Company LLC and NRG Yield Operating LLC.
“Closing” has the meaning set forth in Section 2.03(a).
“Closing Date” is the date on which the Closing occurs.
“Code” means the Internal Revenue Code of 1986, as amended, and the rules and regulations promulgated thereunder.
“Collective Bargaining Agreement” means a collective bargaining agreement or other Contract with a labor union or other labor organization.
“Company” has the meaning set forth in the Recitals.
“Company Easements” has the meaning set forth in Section 4.05(b).
“Company Employee Plan” means each Employee Plan in which any Business Employee participates.
“Company Entities” means the Company and the Subsidiaries, and shall exclude the NYLD Entities.
“Condemnation Value” has the meaning set forth in Section 7.06(a).
“Confidentiality Agreement” means that certain Confidentiality Agreement, dated as of June 19, 2017, between Seller and Global Infrastructure Management, LLC.
“Consent and Indemnity Agreement” has the meaning set forth in the Recitals.