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July (pdf) - New York Power Authority

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Operating Expenses means the <strong>Authority</strong>’s expenses for operation, maintenance, ordinary repairs and<br />

ordinary replacements of any Project, including, without limiting the generality of the foregoing, the costs<br />

of supplies, fuel, fuel assemblies and components required by the <strong>Authority</strong> for the operation of any Project<br />

(including any payments made pursuant to a ‘‘take-or-pay’’ fuel supply or energy contract that obligates the<br />

<strong>Authority</strong> to pay for fuel, energy or power regardless of whether fuel or energy is delivered or made<br />

available for delivery, other than any such contract or portion thereof that is designated by the <strong>Authority</strong> as<br />

either a Subordinate Contract Obligation or a Parity Contract Obligation), administrative expenses,<br />

insurance premiums, legal and engineering expenses, consulting and technical services, payments for<br />

energy conservation and load management programs, payments relating to fuel or electricity hedging<br />

instruments, payments for employee benefits, including payments to savings, pension, retirement, health and<br />

hospitalization funds, charges payable by the <strong>Authority</strong> pursuant to any licenses, orders or mandates from<br />

any agency or regulatory body having lawful jurisdiction, any payments in lieu of taxes or other payments to<br />

municipal governments agreed to be paid by the <strong>Authority</strong> and any taxes, governmental charges, and any<br />

other expenses required to be paid by the <strong>Authority</strong>, all to the extent properly and directly attributable to<br />

any Project; financing costs of any Series of Obligations; the expenses, liabilities and compensation of the<br />

fiduciaries required to be paid under the General Resolution or pursuant to any agreement executed by the<br />

<strong>Authority</strong>; all costs and expenses associated with or arising out of the research, development (including<br />

feasibility and other studies) and/or implementation of any project, facility, system, task or measure deemed<br />

desirable or necessary by the <strong>Authority</strong>; and all other costs and expenses arising out of or in connection with<br />

the conduct of <strong>Authority</strong> business (other than costs and expenses attributable to a Separately Financed<br />

Project), including those expenses the payment of which is not immediately required, such as those<br />

expenses referenced in the second paragraph of the discussion of Operating Fund. Operating Expenses<br />

shall not include any costs or expenses for new construction or for reconstruction other than restoration of<br />

any part of a Project to the condition of serviceability thereof when new.<br />

Operating Fund means the fund by that name established pursuant to the General Resolution.<br />

Outstanding, when used with reference to Obligations or Obligations of a Series, means, as of any<br />

date, Obligations or Obligations of such Series theretofore or thereupon being delivered under the General<br />

Resolution except: (i) Any Obligations cancelled at or prior to such date; (ii) Obligations the principal and<br />

Redemption Price, if any, of and interest on which have been paid in accordance with the terms thereof;<br />

(iii) Obligations in lieu of or in substitution for which other Obligations shall have been delivered pursuant<br />

to the General Resolution; (iv) Obligations deemed to have been paid as provided in the General Resolution;<br />

and (v) Put Obligations tendered or deemed tendered in accordance with the provisions of the Supplemental<br />

Resolution authorizing such Obligations on the applicable tender date, if the purchase price thereof and<br />

interest thereon shall have been paid or amounts are available and set aside for such payment as provided<br />

in such Supplemental Resolution, except to the extent such tendered Put Obligations thereafter may be<br />

resold pursuant to the terms thereof and of such Supplemental Resolution.<br />

Owner or any similar terms, means the registered owner of any Obligation as shown on the books for<br />

the registration and transfer of Obligations maintained in accordance with the General Resolution.<br />

Parity Contract Obligation has the meaning provided in the discussion of Credit Facilities; Qualified<br />

Swaps and Other Similar Arrangements; Parity Debt herein.<br />

Parity Debt means the 1985 Notes, any note issued pursuant to the 1995 Revolving Credit<br />

Agreement, and any Parity Contract Obligation, Parity Reimbursement Obligation or Parity Swap<br />

Obligation.<br />

Parity Reimbursement Obligation has the meaning provided in the discussion of Credit Facilities;<br />

Qualified Swaps and Other Similar Arrangements; Parity Debt herein.<br />

App. 1-4

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