|NRG ENERGY, INC. filed this Form 10-K on 03/01/2018|
such first entity, or that is a member of the same “controlled group” as such first entity pursuant to Section 4001(a)(14) of ERISA.
“Estimated Aggregate Net Working Capital Amount” has the meaning set forth in Section 2.04(a).
“Event of Loss” has the meaning set forth in Section 5.06.
“EWG Company” or “EWG Companies” has the meaning set forth in Section 3.22(a).
“Exempt Wholesale Generator” means an “exempt wholesale generator” under PUHCA and applicable FERC regulations, as amended from time to time.
“Existing Mortgages” means those mortgages set forth on Schedule 1.01(c).
“FERC” means the Federal Energy Regulatory Commission, or its successor.
“Final Aggregate Net Working Capital Amount” has the meaning set forth in Section 2.04(b).
“Final Purchase Price” has the meaning set forth in Section 2.02.
“Financial Statements” has the meaning set forth in Section 3.20.
“Financing Sources” means each Person (including each lender, agent and arranger) that has committed or will commit to provide or arrange, or otherwise entered into agreement in connection with, the Debt Financing or other financings in connection with the transactions contemplated hereby, including any commitment letters, engagement letters, credit agreements, loan agreements, joinder agreements or indentures relating thereto, together with their respective Affiliates and their respective Affiliates’ Representatives and their respective successors and assigns.
“Foreign Corrupt Practices Act” has the meaning set forth in Section 3.31.
“FPA” means the Federal Power Act, as amended, and FERC’s implementing regulations promulgated thereunder.
“Fundamental Representations” has the meaning set forth in Section 11.03(i).
“GAAP” has the meaning set forth in Section 1.02(c).
“Governmental Approval” means any consent or approval required by any Governmental Authority.
“Governmental Authority” means any federal, state, local or municipal governmental body; any governmental, quasi-governmental, regulatory or administrative agency, commission, body or other authority exercising or entitled to exercise any administrative, executive, judicial, legislative, policy, regulatory or taxing authority or power, including EPA, Louisiana Department of Environmental Quality, the Texas Commission on Environmental Quality, NERC, LPSC, FERC and each Regional Entity; or any court or governmental tribunal.
“Hazardous Substances” means any chemical, substance, element, compound or mixture, whether solid, liquid or gaseous: (a) which is defined as “hazardous waste” “hazardous substance,” “hazardous material,” “extremely hazardous waste,” “restricted hazardous waste,” “toxic substance,” “toxic pollutant” or “pollutant” or “contaminant” under any Environmental Law; (b) which is otherwise hazardous, toxic, or injurious and is subject to regulation by any Governmental Authority; (c) petroleum hydrocarbons, petroleum constituents, petroleum products or by products (other than naturally occurring petroleum hydrocarbons); (d) polychlorinated