“(6) Liens securing the New Money DIP Notes; and

"Budget" means a Group budget for a particular Budget Year in a format approved from time to time by the Supervisory Board (save as otherwise provided in this Agreement);

“Equity Investment” means the $170 million total equity investment commitment provided by the Commitment Parties pursuant to the terms of the Commitment Letter, RSA, DIP Facility Loan Agreement, and the Plan, which amount includes the DIP Facility and the Capital Equity Investment.

“Budget Act” means Section 1101 of the Bipartisan Budget Act of 2015.

“Carve-Out” has the meaning defined in the DIP Order.

“DIP Agents” has the meaning set forth in the recitals.

“Budget” – means the initial budget for the project, as attached in Schedule “A”;

The Sale Order shall approve and authorize Purchaser’s right to credit bid pursuant to section 363(k) of the Bankruptcy Code the Credit Bid Amount without reservation, restriction, condition or limitation. Further, the Sale Order, incorporating by reference the terms contained herein, shall provide that # the Committee # consents to the stipulations in the Final DIP Order (including the releases of the DIP Secured Parties and Prepetition Secured Parties), # waives any right to file a (and withdraws any filed) Challenge and # acknowledges the termination and expiration of the Challenge Period (as defined in the DIP Order) and # all such stipulations in the Final DIP Order (including the releases of the DIP Secured Parties and Prepetition Secured Parties) are unconditionally effective and binding on all parties in interest, including the Committee, in each case, subject only to occurrence of the Closing providing the treatment of Assumed Trade Creditor Liabilities set forth herein.

Decommissioning Work Program and Budget means the work program for Decommissioning and a budget therefor.

Sellers have good and marketable title to, a valid leasehold interest in or all rights to use, all Acquired Assets, subject only to any Permitted Liens and DIP Liens and the pre-petition credit agreements, which such DIP Liens shall be released under the Sale Order.