SO » Topics » WHEREAS

These excerpts taken from the SO 10-Q filed May 7, 2009.
WHEREAS Beneficiary and ____________________ (the “Company”), [a subsidiary of the Guarantor], have entered into that certain Power Purchase Agreement dated as of ____________, 20__ (the “Agreement”);

 

WHEREAS, the Beneficiary has required, as an inducement to enter into the Agreement, that Guarantor deliver to the Beneficiary this Guaranty or other Eligible Collateral when required under the Agreement;

 

WHEREAS, the Guarantor will derive substantial direct and indirect benefit from the transactions contemplated by the Agreement.

 

These excerpts taken from the SO 10-K filed Feb 25, 2009.
WHEREAS, the Grantors adopted the Southern Company Deferred Compensation Trust Agreement (“Trust”) amended and restated effective January 1, 2001; and

WHEREAS, the Grantors adopted the Southern Company Deferred Stock Trust Agreement for Directors of Southern Company and its Subsidiaries (“Trust”) amended and restated effective January 1, 2000; and

WHEREAS, the Grantors adopted the Southern Company Deferred Cash Compensation Trust Agreement for Directors of Southern Company and its Subsidiaries (“Trust”) amended and restated effective September 1, 2001; and

WHEREAS, the Grantors desire to amend the Trust in order to ascertain compliance with Section 409A of the Internal Revenue Code; and

WHEREAS, the Grantors desire to amend the Trust in order to ascertain compliance with Section 409A of the Internal Revenue Code; and

WHEREAS, the Grantors desire to amend the Trust in order to ascertain compliance with Section 409A of the Internal Revenue Code; and

WHEREAS, under Section 4 of the Trust, the Grantors have the authority to amend the Trust.

WHEREAS, under Section 4 of the Trust, the Grantors have the authority to amend the Trust.

WHEREAS, under Section 4 of the Trust, the Grantors have the authority to amend the Trust.

This excerpt taken from the SO 10-Q filed Nov 6, 2008.
WHEREAS, this Agreement should be treated as an Award made by the Compensation and Management Succession Committee of the Southern Company Board (the “Compensation Committee”) under the Southern Company 2006 Omnibus Incentive Compensation Plan (the “Omnibus Plan”).

This excerpt taken from the SO 10-Q filed Aug 6, 2008.
WHEREAS, Beneficiary, on the one hand, and GEORGIA POWER COMPANY [(the “Company”)], a Georgia corporation, acting for itself and as agent for the OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION) [(the “Company”)], an electric membership corporation formed under the laws of the State of Georgia, the MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA [(the “Company”)], a public body corporate and politic and an instrumentality of the State of Georgia, and THE CITY OF DALTON, GEORGIA [(the “Company”)], an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners (collectively, “Owners”), on the other hand, have entered into that certain Engineering, Procurement and Construction Agreement for Units 3 & 4 at the Vogtle Site, dated as of _____________ 20__, including without limitation the Exhibits attached thereto and any such Exhibit forms that are executed by either or both of the Company and the Beneficiary (the “Agreement”);
This excerpt taken from the SO 10-Q filed Aug 3, 2006.
WHEREAS, the Borrower has requested that the Lenders provide a revolving credit facility, and the Lenders are willing to do so on the terms and conditions set forth herein.

 

These excerpts taken from the SO 10-Q filed May 4, 2006.
WHEREAS, officer positions appointed to the Administrative Committee shall assume such duties as of the later of March 1, 2006 or the date such officer position is filled, provided any officer previously appointed to the Administrative Committee designated as a successor to such appointed status pursuant to this amendment shall continuously retain member status on the Administrative Committee since the time of his original appointment.

WHEREAS, officer positions appointed to the Administrative Committee shall assume such duties as of the later of March 1, 2006 or the date such officer position is filled, provided any officer previously appointed to the Administrative Committee designated as a successor to such appointed status pursuant to this amendment shall continuously retain member status on the Administrative Committee since the time of his original appointment.

WHEREAS, officer positions appointed to the Committee shall assume such duties as of the later of March 1, 2006 or the date such officer position is filled, provided any officer previously appointed to the Committee designated as a successor to such appointed status pursuant to this amendment shall continuously retain member status on the Committee since the time of his original appointment; and

This excerpt taken from the SO 10-K filed Feb 27, 2006.
WHEREAS, the Board is authorized to amend the Plan at any time pursuant to Section 14.1 of the Plan.

 

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