|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.
“Permitted Liens” means any (a) Permitted Exceptions; (b) Liens for Taxes, assessments and other governmental charges not yet due and payable or, if due, (i) not delinquent or (ii) being contested in good faith through appropriate proceedings and set forth on Schedule 1.01(e) and as to which adequate reserves in accordance with GAAP have been taken on the books of the Company Entities; (c) pledges or deposits to secure public or statutory obligations or appeal bonds; and (d) any other Liens set forth on Schedule 1.01(e).
“Person” means any natural person, corporation, limited liability company, general partnership, limited partnership, proprietorship, other business, entity, organization, trust, union, association or Governmental Authority.
“Pre-Closing Tax Period” means any Tax period that ends on or before the Closing Date.
“Pre-Effective Date Reorganization” has the meaning set forth in Section 4.19(a).
“Preliminary Patriot Sale Price” means that price to be paid in cash to Renew by the purchaser of Patriot Wind at the closing of the Patriot Sale Transaction as specified in the Patriot PSA.
“Preliminary Patriot Sale Proceeds” means the proceeds from the Patriot Sale Transaction at the closing of the Patriot Sale Transaction if the Final Patriot Sale Price is not determined as of the date of such closing.
“Projects” has the meaning set forth in the Recitals.
“ProjectCo” means any Subsidiary that directly owns a wind, solar or other renewable energy project (including any QF) that has achieved commercial operation and is capable of generating power, or is otherwise a “public utility” as defined under the FPA.
“Project Construction Cost” means, with respect to any project, the cost of developing, designing, engineering, equipping, procuring, constructing, starting up, commissioning, acquiring, interconnecting, testing and operating such project in accordance with Good Industry Practice, including (a) the cost of all labor, services, materials, supplies, equipment, tools, transportation, supervision, storage, training, contingency, demolition, site preparation, civil works, and remediation in connection therewith, (b) amounts payable under construction and supply contracts, (c) the cost of acquiring and using any real property, lease, easement and any other necessary real property interests related to the project, (d) amounts payable under applicable interconnection agreements and agreements relating to real property interests through the commercial operations date for such project (the “Project Construction Period”), (e) real and personal property taxes, ad valorem taxes, sales, use and excise taxes and insurance (including title insurance) premiums payable with respect to the project during the Project Construction Period, (f) interest payable on any debt financing and financing-related fees and costs during the Project Construction Period (including any and all commitment fees and other fees, interest and other amounts payable), (g) the costs of acquiring and maintaining Governmental Approvals for the project during the Project Construction Period, and (h) costs, including legal and consulting fees and expenses, associated with regulatory proceedings and other governmental and regulatory matters during the Project Construction Period.
“Project Construction Period” has the meaning set forth in the definition of Project Construction Costs.
“Project Site Agreements” has the meaning set forth in Section 4.05(a).
“PUHCA” means the Public Utility Holding Company Act of 2005, as amended, and the rules and regulations promulgated thereunder.