|NRG ENERGY, INC. filed this Form 10-K on 03/01/2018|
“Consequential Damages” has the meaning set forth in Section 13.15.
“Constitutive Documents” means the certificates of formation and the limited liability company agreements and limited partnership agreements, as amended (if applicable) of the Company and the Subsidiaries.
“Continuing Employees” has the meaning set forth in Section 6.07(a).
“Contract” means any written or oral agreement, purchase order, commitment, evidence of Indebtedness, mortgage, indenture, security agreement, guaranty, option, easement, lease, license, or other contract, entered into by a Person or by which a Person or any of its assets are bound, including any amendments or modifications thereto.
“Control” of a Person means the power, directly or indirectly, to direct or cause the direction of the management or policies of such Person (whether through ownership of securities or partnership or other ownership interests, by contract or otherwise).
“Controlled Group Pension Plan” means any Pension Plan or Multiemployer Plan in which Seller or any ERISA Affiliate sponsors, maintains, participates in or is obligated to contribute to or in which any Seller or ERISA Affiliate has or has had any liability in the six year period immediately preceding the date hereof.
“Cooperative Customers” means Beauregard Electric Cooperative, Inc., Claiborne Electric Cooperative, Inc., Concordia Electric Cooperative, Inc., Jefferson Davis Electric Cooperative, Inc., Pointe Coupee Electric Membership Corporation, South Louisiana Electric Cooperative Association, Southwest Louisiana Electric Membership Corporation, Washington-St. Tammany Electric Corp., Inc. and Northeast Louisiana Power Cooperative, Inc.
“Cottonwood” has the meaning set forth in the Recitals.
“Cottonwood Energy” means Cottonwood Energy Company LP.
“Cottonwood Lease” has the meaning set forth in Section 7.11(ii).
“Cottonwood Monthly Overhead Cost” means eighty-four thousand five hundred dollars ($84,500).
“Cottonwood Project” has the meaning set forth in the Recitals.
“Current Assets” means Accounts Receivable (Trade), Accounts Receivable (Affiliate), Working Capital Inventory and Prepaid Expenses, but excluding (i) any amounts subject to indemnification pursuant to Section 11.01(c), (d), (f), (g), (h), (i), (j) and (k), and (ii) the Entergy Litigation Client Trust Account.
“Current Liabilities” means Accounts Payable (Trade), Accounts Payable (Affiliate), Accrued Notice of Violation Settlement, unpaid Taxes and other current liabilities of any Company Entity, but excluding any amounts subject to indemnification pursuant to Section 11.01(c), (d), (f), (g), (h), (i), (j) and (k).
“Debt Financing” means debt financing obtained or to be obtained by Purchaser for the purpose of funding all or a portion of the Base Purchase Price.
“Deductible” has the meaning set forth in Section 11.04(a).
“Disclosure Schedules” means the schedules attached to this Agreement, and dated as of the date hereof.
“Effective Date” has the meaning set forth in the Preamble.