Regulatory Review and Approval Clause Samples

Regulatory Review and Approval. (a) Seller shall submit this agreement to the Commission for review and approval of the agreement under Section 1‐75 of the Illinois Power Agency Act; and recovery by Buyer of the Contract Price payable by Buyer. Seller shall also submit to the Commission the formula rate (“Formula Rate”) that will use Seller’s Contract Price Components to determine the Monthly Contract Prices. The Parties acknowledge that for each Contract Year of this agreement, the Commission will determine the Contract Price Components and the Monthly Contract Price, based on the projections submitted by Seller and the Formula Rate. Exhibit 5.2(a) sets forth an example of the Formula Rate.
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Regulatory Review and Approval. (a) Seller shall submit this agreement to the Commission for review and approval of the agreement; and in the case of Electric Utility Buyers, full recovery by those Buyers of the Contract Price payable by Buyer from such customers, with such customers including, in the case of Electric Utilities, both Eligible Retail Customers and
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Regulatory Review and Approval. FASTNET, through its authorized representatives, shall have completed a satisfactory review of the practices and procedures of the Company including, but not limited to, environmental and land use practices, import and export laws, compliance with contracts and federal, state and local laws and regulations governing the respective operations of the Company, which review reflects compliance with all applicable laws governing the Company, disclosing no material actual or probable violations, compliance problems, required capital expenditures or other substantive environmental, real estate and land use related concerns and which review is otherwise satisfactory in all respects to FASTNET, in its sole discretion.
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Regulatory Review and Approval. (a) If required by the Commission, Seller shall submit this agreement to the Commission for approval of the: (i) justness, reasonableness and prudence of the rates and terms hereof and (ii) recovery by Buyer of the Contract Price payable by Buyer from its Eligible Retail Customers, if applicable. If required by the Commission, Seller shall also submit to the Commission: (i) initial projections of its costs for the Project for the term of this agreement; and (ii) a formula rate (“Formula Rate”) that will use Seller’s costs projections to determine the Contract Price. The Parties acknowledge that based on the projections submitted by Seller and the Formula Rate, the Commission may determine the projected components of the Contract Price for each Contract Year of this agreement. Exhibit 5.2(a) sets forth an example of the Formula Rate. The final Formula Rate will be developed by Seller prior to approval of this agreement by the Commission. (b) Not later than 6 Months before the Commercial Operation Date expected by Seller, and 60 Days before the beginning of each succeeding Contract Year, Seller shall submit to the Commission, if required, projections of its costs for the Project and expected levels of dispatch for the next Contract Year. The Parties acknowledge that based on the projections submitted by Seller, the Commission may determine the projected components of the Contract Price for each Contract Year of this agreement by reviewing the following inputs to the Formula Rate as set forth in Exhibit 5.2(a):
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Regulatory Review and Approval. (a) Seller shall submit this agreement to the Commission for review and approval of the agreement under Section 1-75 of the Illinois Power Agency Act; and recovery by Buyer of the Contract Price payable by Buyer. Seller shall also submit to the Commission the formula rate (“Formula Rate”) that will use Seller’s Contract Price Components to determine the Monthly Contract Prices. The Parties acknowledge that for each Contract Year of this agreement, the Commission will determine the Contract Price Components and the Monthly Contract Price, based on the projections submitted by Seller and the Formula Rate. Exhibit 5.2(a) sets forth an example of the Formula Rate. (b) Seller shall request the Commission to, within 120 Days of the approval of this agreement, determine a rate of return for the Project based on a capital structure consisting of 55% debt and 45% equity, assuming a level capital recovery methodology as described in Attachment A to Exhibit 5.2(d). Seller shall request that the Commission’s determination of the rate of return take into account (i) rates of return received by clean coal generation facilities similar to the Project inside or outside of Illinois;
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Regulatory Review and Approval. (a) Seller shall submit this agreement to the Commission for review and approval of the agreement; and in the case of Electric Utility Buyers, full recovery by those Buyers of the Contract Price payable by Buyer from such customers, with such customers including, in the case of Electric Utilities, both Eligible Retail Customers and Non-Eligible Retail Customers. If required by the Commission, Seller shall also submit to the Commission (i) initial projections of its costs, revenues and credits (“Contract Price Components”) for the Term of this agreement; and (ii) the formula rate (“Formula Rate”) that will use Seller’s Contract Price Components to determine the Monthly Contract Prices. The Parties acknowledge that for each Contract Year of this agreement, the Commission will determine the Contract Price Components and the Monthly Contract Price, based on the projections submitted by Seller and the Formula Rate. Exhibit 5.2(a) sets forth an example of the Formula Rate. The Parties further acknowledge that the costs, revenues, and credits underlying the Contract Price Components may be subject to periodic audit and review for prudence and reasonableness, in a manner to be determined by the Commission. (b) Pursuant to the Commission’s December 19, 2012 Order in Docket 12-0544, aSeller shall request the Commission to determine a rate of return Levelized Fixed Carrying Charge Rate for the Project shall be determine based on a capital structure consisting of 55% debt and 45% equity, a capital recovery period of 20 years, a rate of return on common equity of 10%, an actual cost of debt capital approved by the Commission following Financial Close, and a Levelized Fixed Carrying Charge Rate Calculation methodology approved by the Commission in its _[Date]_ Order in Docket 13-0034, which is described in Attachment A to Exhibit 5.2(d) of this agreement. Seller shall request that the Commission’s determination of the rate of return take into account (i) return on common equity received by clean coal generation facilities similar to the Project inside or outside of Illinois; (ii) the rate of return on common equity that the Commission deems sufficient for the Project to attract capital; and (iii) the need to protect Illinois ratepayers. Seller shall request the debt component of the rate of return for the Project be adjusted 6 Months prior to the anticipated Commercial Operation Date to account for changes in (i) the applicable 30-Year Treasury rate (or if this agreemen...
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Regulatory Review and Approval. (a) Seller shall submit this agreement to the Commission for review and approval of the agreement under Section 1-75 of the Illinois Power Agency Act; and full 43recovery by Buyer of the Contract Price payable by Buyer. 44 from its customers (for Electric Utilities, customers shall include Eligible Retail Customers and Non-Eligible Retail Customers). If required by the Commission, 45Seller shall also submit to the Commission46 the47: (i) initial projections of its costs, revenues and credits (“Contract Price Components”) for the Project for the term of this agreement; and (ii) a48 formula rate (“Formula Rate”) that will use Seller’s Contract Price Components to determine the Monthly Contract Prices. The Parties acknowledge that for each Contract Year of this agreement,49 the Commission will determine the50 Project51 Contract Price Components and the Monthly Contract Price, based on the projections submitted by Seller and the 52Formula53Fomula54 Rate. 55 Exhibit 5.2(a) sets forth an example of the Formula Rate. (b) Seller shall request the Commission to, within 120 Days of the approval of this agreement, determine a rate of return for the Project based on a capital structure consisting of 55% debt and 45% equity, assuming a level capital recovery methodology as described in Attachment A to Exhibit 5.2(d). Seller shall request that the Commission’s determination of the rate of return take into account (i) rates of return received by clean coal generation facilities similar to the Project inside or outside of Illinois;
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Regulatory Review and Approval. Integra, through its authorized representatives, shall have completed a satisfactory review of the practices and procedures of the Company including, but not limited to, environmental and land use practices, import and export laws, compliance with contracts and federal, state and local laws and regulations governing the respective operations of the Company, which review reflects compliance with all applicable laws governing the Company, disclosing no material actual or probable violations, compliance problems, required capital expenditures or other substantive environmental, real estate and land use related concerns and which review is otherwise satisfactory in all respects to Integra, in its sole discretion.
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Related to Regulatory Review and Approval

  • Review and Approval The Supplier confirms and agrees that it shall apply to receive ISR's written consent, wherever ISR's consent, explicitly or implied, is required according to this Agreement. This requirement and the provision of ISR consent, shall not derogate in any way from Supplier's responsibilities and liabilities under this Agreement, and ISR shall bear no responsibility or liability whatsoever in connection with the review (whether or not there are objections) and/or with any approval given to, or denied from, Supplier, with respect to any matter and/or document, including but without limitation, drawings, designs (at all phases), plans, tests or otherwise.

  • Regulatory Reports Since January 1, 2013, Company and its Subsidiaries have duly filed with the FRB, the FDIC, the Florida Office of Financial Regulation and any other applicable Governmental Authority, in correct form, the reports and other documents required to be filed under applicable Laws and regulations and have paid all fees and assessments due and payable in connection therewith, and such reports were, in all material respects, complete and accurate and in compliance with the requirements of applicable Laws and regulations. Other than normal examinations conducted by a Governmental Authority in the Ordinary Course of Business of Company and its Subsidiaries, no Governmental Authority has notified Company or any of its Subsidiaries that it has initiated or has pending any proceeding or, to Company’s Knowledge, threatened an investigation into the business or operations of Company or any of its Subsidiaries since January 1, 2013 that would reasonably be expected to be material. There is no material unresolved violation, criticism, or exception by any Governmental Authority with respect to any report or statement relating to any examinations or inspections of Company or any of its Subsidiaries. There have been no material formal or informal inquiries by, or disagreements or disputes with, any Governmental Authority with respect to the business, operations, policies or procedures of Company or any of its Subsidiaries since January 1, 2013.

  • FDA As to each product subject to the jurisdiction of the U.S. Food and Drug Administration (“FDA”) under the Federal Food, Drug and Cosmetic Act, as amended, and the regulations thereunder (“FDCA”) that is manufactured, packaged, labeled, tested, distributed, sold, and/or marketed by the Company or any of its Subsidiaries (each such product, a “Pharmaceutical Product”), such Pharmaceutical Product is being manufactured, packaged, labeled, tested, distributed, sold and/or marketed by the Company in compliance with all applicable requirements under FDCA and similar laws, rules and regulations relating to registration, investigational use, premarket clearance, licensure, or application approval, good manufacturing practices, good laboratory practices, good clinical practices, product listing, quotas, labeling, advertising, record keeping and filing of reports, except where the failure to be in compliance would not have a Material Adverse Effect. There is no pending, completed or, to the Company's knowledge, threatened, action (including any lawsuit, arbitration, or legal or administrative or regulatory proceeding, charge, complaint, or investigation) against the Company or any of its Subsidiaries, and none of the Company or any of its Subsidiaries has received any notice, warning letter or other communication from the FDA or any other governmental entity, which (i) contests the premarket clearance, licensure, registration, or approval of, the uses of, the distribution of, the manufacturing or packaging of, the testing of, the sale of, or the labeling and promotion of any Pharmaceutical Product, (ii) withdraws its approval of, requests the recall, suspension, or seizure of, or withdraws or orders the withdrawal of advertising or sales promotional materials relating to, any Pharmaceutical Product, (iii) imposes a clinical hold on any clinical investigation by the Company or any of its Subsidiaries, (iv) enjoins production at any facility of the Company or any of its Subsidiaries, (v) enters or proposes to enter into a consent decree of permanent injunction with the Company or any of its Subsidiaries, or (vi) otherwise alleges any violation of any laws, rules or regulations by the Company or any of its Subsidiaries, and which, either individually or in the aggregate, would have a Material Adverse Effect. The properties, business and operations of the Company have been and are being conducted in all material respects in accordance with all applicable laws, rules and regulations of the FDA. The Company has not been informed by the FDA that the FDA will prohibit the marketing, sale, license or use in the United States of any product proposed to be developed, produced or marketed by the Company nor has the FDA expressed any concern as to approving or clearing for marketing any product being developed or proposed to be developed by the Company.

  • Requisite Regulatory Approvals All Consents required to be obtained from or made with any Governmental Authority in order to consummate the transactions contemplated by this Agreement shall have been obtained or made.

  • Regulatory Matters and Approvals Each of the Parties will give any notices to, make any filings with, and use its reasonable best efforts to obtain any necessary authorizations, consents, and approvals of governments and governmental agencies in connection with the transactions contemplated by this Agreement. Without limiting the generality of the foregoing: