|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.
or investor rights, registration rights or similar agreement; (r) any Contract relating primarily to a Company Entity’s Intellectual Property (other than commercially available, non-exclusive software licenses with annual payments of less than $300,000); and (s) each Contract or agreement to enter into a Contract described in any of the foregoing clauses (a) through (r).
“Multiemployer Plan” has the meaning set forth in Section 4.16(d).
“MW” means megawatts.
“NERC” means the North American Electric Reliability Corporation, including any regional entity thereof, and any successor thereof.
“Neutral Auditor” means Ernst & Young or, if Ernst & Young is unable to serve, an impartial nationally recognized firm of independent certified public accountants other than Seller’s accountants or Purchaser’s accountants, mutually agreed to by Purchaser and Seller.
“NewCo” has the meaning set forth in Section 15.09(b).
“NRG” has the meaning set forth in the Preamble.
“NRG/NYLD Trademark License Agreement” means that certain Trademark License Agreement, dated as of July 22, 2013, by and between NRG and NYLD.
“NYLD” means NRG Yield, Inc., a Delaware corporation.
“NYLD Board” means the board of directors NYLD.
“NYLD Constitutive Documents” means the certificates of incorporation, certificates of formation, bylaws, limited liability company agreements and limited partnership agreements, as amended (if applicable), of NYLD and NYLD LLC.
“NYLD Entities” means NYLD, NYLD LLC and the NYLD Subsidiaries.
“NYLD Financial Statements” has the meaning set forth in Section 5.04(b).
“NYLD Fundamental Representations” means Section D of the Consent and Indemnity Agreement.
“NYLD LLC” means NRG Yield LLC, a Delaware limited liability company.
“NYLD SEC Documents” has the meaning set forth in Section 5.04(a).
“NYLD Securities” has the meaning set forth in the Recitals.
“NYLD Shares” has the meaning set forth in the Recitals.
“NYLD Subsidiary” means any corporation, limited liability company, general partnership or limited partnership Controlled by NYLD or NYLD LLC.
“NYLD Subsidiary Credit Agreement” means the Amended and Restated Credit Agreement, dated as of April 25, 2014, by and among NRG Yield Operating LLC, NYLD LLC, Royal Bank of Canada, as Administrative Agent, the lenders party thereto, Royal Bank of Canada, Goldman Sachs Bank USA and Bank of America, N.A., as L/C Issuers and RBC Capital Markets as Sole Left Lead Arranger and Sole Left Lead