Financing Parties shall mean (a) any and all lenders providing senior or subordinated construction, interim or long-term debt financing or refinancing to SB Energy, a Project Company or their Affiliates; (b) any and all equity investors in SB Energy, a Project Company or their Affiliates providing tax equity investment or leveraged lease-financing or refinancing (or any other equity investor that makes a capital contribution to SB Energy, a Project Company or their Affiliates in cash or in kind); or (c) any Person providing credit support to SB Energy, a Project Company or their Affiliates, in each case, in connection with the Project or a portfolio of projects (including the Project) and, in each case, any trustee or agent acting on behalf of a Person specified in (a), (b) or (c).
Framework Start Date means [***].
Governmental Approval shall mean any approval, consent, franchise, permit, certificate, resolution, concession, license or authorization issued by or on behalf of any applicable Governmental Authority.
Governmental Authority shall mean any federal, state, regional, county, town, city or municipal government, whether domestic or foreign, or any department, agency, bureau or other administrative, regulatory or judicial body or subdivision of any such government.
Intellectual Property shall mean algorithms, concepts, data, databases, designs, documentation, drawings, formulae, hardware, know-how, ideas, inventions, materials, methods, plans, procedures, processes, schematics, software (in any form including source code and executable or object code), specifications, techniques, tools, trade secrets, trademarks, service marks, works of authorship and other technical information, whether or not protectable by any form of Intellectual Property Rights.
Intellectual Property Rights shall mean any and all present and future patent rights, copyrights, trade secrets, database rights and any and all other proprietary rights, whether owned or licensed, in any jurisdiction, and all applications and registrations therefor.
kW shall mean kilowatts.
kWh shall mean kilowatt-hours.
Letter Agreement means that certain letter agreement dated October 17, 2020 between SBEGH1 and ESS.
MW shall mean megawatts.
MWh shall mean megawatt-hours.
Party and Parties shall have the meaning set forth in the introductory paragraph.