|NRG ENERGY, INC. filed this Form 10-K on 03/01/2018|
“BC II Unit I Project” has the meaning set forth in the Recitals.
“BC II Unit II Project” has the meaning set forth in the Recitals.
“BC II Unit III Project” has the meaning set forth in the Recitals.
“BC I Steam Project” has the meaning set forth in the Recitals.
“Business” means the business and operations of the Company Entities as currently conducted.
“Business Day” means a day other than Saturday, Sunday or any day on which banks located in the State of New York are authorized or obligated to close.
“Business Employee” means each employee of Seller or any of its Affiliates who provides services during the majority of his or her business hours to the Business and who is set forth on Schedule 3.24(a); for the avoidance of doubt, the Cottonwood plant staff and employees that provide Commercial Operations support to the Business are not intended by the Parties to be Business Employees.
“Cap” has the meaning set forth in Section 11.04(c).
“CCR” has the meaning set forth in the definition of Coal Combustion Residuals.
“CCR Rule” means the final rule regulating disposal of coal combustion residuals from electric utilities (74 Fed. Reg. 21302; April 17, 2015) codified at 40 CFR Part 257 and 40 CFR Part 261, and any amendments, modifications, or substitutions thereto.
“CFIUS” means the Committee on Foreign Investment in the United States.
“Clean Water Act” means 33 U.S.C. §§ 1251 et seq., and any amendments, modifications, or substitutions thereto.
“Closing” has the meaning set forth in Section 2.03(a).
“Closing Date” is the date on which the transactions contemplated hereunder are consummated.
“Closing Date Schedule Supplement” has the meaning set forth in Section 5.03(c).
“Coal Combustion Residuals” or “CCR” means those terms as defined at 40 CFR Part 257, and any amendments modifications, or substitutions thereto.
“COBRA” has the meaning set forth in Section 3.24(g).
“Code” means the Internal Revenue Code of 1986, as amended, and the rules and regulations promulgated thereunder.
“Collective Bargaining Agreement” means a collective bargaining agreement, work counsel agreement, memoranda of understanding or other Contract with a labor union or other labor organization that relates to any Business Employee.
“Commercial Operations” means any activities related to (i) buying and selling energy, capacity, ancillary services, fuel and transmission rights, (ii) day-ahead and real-time trading, (iii) physical dispatch of generation assets, (iv) entering into hedges, swaps and futures, (v) 24x7x365 coordination between the plants and the market