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ORDER NO. PSC -2018 -0314 -PAA -EQ <br />DOCKET NO. 20180073 -EQ <br />PAGE 15 <br />DUKE <br />ENERGY. <br />Attachment A <br />Page 10 of 71 <br />SECTION No. Ix <br />SECOND REVISED SHEET NO. 9.409 <br />CANCELS FIRST REVISED SHEET NO. 9.409 <br />"Financial Closim * means the fulfillment of each of the following conditions: <br />(a) the execution and delivery of the Financing Documents; and <br />(b) all Conditions Precedent to the initial availability for disbursement of funds under <br />the Financing Documents (other than relating to the effectiveness of this Contract) <br />are satisfied or waived. <br />"Financing Documents" shall wean documentation with respect to any private equity investment <br />in RF/QF, any loan agreements (including agreements for any subordinated debt), notes; bonds, <br />indentures, guarantees; security agreements and hedging agreements relating to the financing or <br />refinancing of the design, development, construction, Testing, Commissioning, operation and <br />maintenance of the Facility or any guarantee by any Financing Party of the repayment of all or <br />any portion of such financing or refinancing. <br />"Financing Party" means the Persons (including any trustee or agent on behalf of such Persons) <br />providing financing or refinancing to or on behalf of RF/QF for the design, development, <br />construction, testing, commissioning, operation and maintenance of the Facility (whether limited <br />recourse, or with or without recourse). <br />"Firm Capacity and Energy" has the meaning assigned to it in Appendix D. <br />"Firm Capacity Rate" has the meaning assigned to it in Appendix D. <br />"Firm Enerev Rate" has the meaning assigned to it in Appendix D. <br />"Force Majeure" has the meaning given to it in Section 18. <br />"FPSC" means the Florida Public Service Commission or its successor. <br />"Govermuent Agency=" means the United States of America, or any state or any other political <br />subdivision thereof. including without limitation, any municipality, township or county, and any <br />domestic entity exercising executive, legislative, judicial; regulatory or administrative functions <br />of or pertaining to government, including, without limitation, any corporation or other entity <br />owned or controlled by any of the foregoing. <br />ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy • FL <br />EFFECTIVE: July 10, 2014 <br />215 <br />