|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.
Book Runner (as amended pursuant to that first amendment, dated June 26, 2015, and as further amended, supplemented or modified through the Effective Date).
“NYLD Units” has the meaning set forth in the Recitals.
“OFAC” has the meaning set forth in Section 4.18(c).
“Offer Employee” means each employee of Seller and its Affiliates who provides 100% of such employee’s services for Seller and its Affiliates engaged in supporting the Business of the Company and who is (i) listed on Schedule 4.16(a) and (ii) identified as an “Offer Employee” on such schedule.
“Option” with respect to any Person means any security, right, subscription, warrant, option, “phantom” stock right or other Contract that gives the right to (a) purchase or otherwise receive or be issued any shares of capital stock or other security or equity interest of such Person or any security or right of any kind convertible into or exchangeable or exercisable for any shares of capital stock or other security or equity interest of such Person, or (b) receive or exercise any benefits or rights similar to any rights enjoyed by or accruing to the holder of shares of capital stock (or any other equity interest or security) of such Person, including any rights to participate in the equity or income of such Person or to participate in or direct the election of any directors or officers (or similar positions) of such Person or the manner in which any shares of capital stock (or any other security or equity interest) of such Person are voted.
“Order” means any writ, award, judgment, Permit, injunction, ruling, decision, order, settlement, stipulation, decree, determination or similar direction of any Governmental Authority, whether preliminary or final.
“Owned Real Property” has the meaning set forth in Section 4.05(a).
“Party” or “Parties” has the meaning set forth in the Preamble.
“Patriot Adjustment Amount” has the meaning set forth in Section 2.06(b).
“Patriot PSA” has the meaning set forth in the definition of “Patriot Sale Transaction”.
“Patriot Sale Transaction” means that proposed sale, to be entered into prior to the Closing, by a Renew Subsidiary of Patriot Wind to an unrelated (to Purchaser, Seller or their Affiliates) third-party pursuant to a purchase and sale agreement, asset purchase agreement, build transfer agreement or similar arrangement (any such agreement, the “Patriot PSA”).
“Patriot Target Amount” has the meaning set forth in Schedule 1.01(f).
“Patriot Termination Date” means any outside date specified in the Patriot PSA.
“Patriot True-Up Amount” has the meaning set forth in Section 2.06(f).
“Patriot Wind” means the wind farm project with an electric generating capacity of approximately 180-230 MW situated in Nueces County, Texas owned by Patriot Wind Farm, LLC.
“Permit” means all licenses, permits, consents, tariffs, franchises, authorizations, approvals, ratifications, certifications, registrations, exemptions, variances, exceptions and similar consents or authorizations made, granted or issued by any Governmental Authority.
“Permitted Exceptions” means, with respect to the Real Property, the following: