“Environmental Law” shall mean all federal, state or local laws, including common law, ordinances, regulations, rules, codes, orders, judgments or other requirements or rules of law that relate to the prevention, abatement or elimination of pollution, or the protection of the Environment, natural resources or human health (to the extent relating to exposure to Hazardous Materials), or natural resource damages, including any that relate to the use, generation, manufacture, handling, treatment, storage, disposal, Release, transportation or regulation of, or exposure to Hazardous Materials, including the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq., the Endangered Species Act, 16 U.S.C. §§ 1531 et seq., the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., the Clean Air Act, 42 U.S.C. §§ 7401 et seq., the Clean Water Act, 33 U.S.C. §§ 1251 et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 11001 et seq., each as amended, and their state or local counterparts or equivalents.
“EPC Contractors” shall mean the Diablo EPC Contractor, the Gateway EPC Contractor and any Vista Contractor (upon execution of any Permitted Vista Construction Contract).
“EPC Contracts” shall mean the Diablo EPC Contract, the Gateway EPC Contract and any Permitted Vista Construction Contract (upon execution thereof).
“EPC Option” shall mean the delivery by Diablo, in its sole discretion, of written notice to the Diablo EPC Contractor of Diablo’s exercise of the “Option” under, and as defined in, the Diablo Option Agreement.
“Equity Commitment” shall mean the “Equity Commitment” under, and as defined in, the Equity Contribution Agreement.
“Equity Commodity Contributions” shall mean, as of any date of determination, any Voluntary Equity Contributions made after the Closing Date which are specified to be used (at the time so contributed) as cash collateral in respect of the Borrower’s obligations under any Permitted Commodity Agreement, less any amounts repaid to Holdings or other applicable Person pursuant to Section 6.03(d) on or prior to such date of determination.
“Equity Contribution Agreement” shall mean the Equity Contribution Agreement, dated as of the Closing Date, among the Sponsor, the Administrative Agent, Holdings, the Borrower, the Equity Fund Entities and the Manager, as amended by the Omnibus Amendment.
“Equity Contributions” shall mean the aggregate “Equity Contributions” under, and as defined in, the Equity Contribution Agreement.
“Equity Credit Support” shall have the meaning given in the Equity Contribution Agreement.
“Equity Fund Entity” shall have the meaning given in the Equity Contribution Agreement.
“Equity Interests” of any Person shall mean any and all shares, interests, rights to purchase, warrants, options, participations or other equivalents of or interests in (however designated) equity of such Person, including any preferred stock, any limited or general partnership interest and any limited liability company membership interest.
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