v3.26.3
COMMITMENTS AND CONTINGENCIES
9 Months Ended
Sep. 30, 2026
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES COMMITMENTS AND CONTINGENCIES
Commitments
Asset Purchase Agreement — Turbine Equipment
On May 30, 2026, the Company entered into an APA with the Seller to acquire approximately 460 MW of Siemens gas turbines, generators, a steam turbine, and ancillary equipment for a total purchase price of $350.0 million. The Company expects to incur approximately $100.0 million of additional costs for transportation, refurbishment, insurance, and logistics in connection with the delivery of the equipment.
The Company paid $23.8 million to third party vendors on behalf of the Seller during the nine months ended September 30, 2026 which is included in construction work in progress on the condensed consolidated balance sheets. As of September 30, 2026, the remaining purchase price under the APA was approximately $326.2 million. In October 2026, the Company made the third and fourth installment payments under the APA totaling $315.0 million consisting of a $50.0 million payment to the Seller and a $265.0 million payment into an escrow account held by the Seller, and paid an additional $11.0 million to the Seller and to third party vendors on behalf of the Seller. The October payments were paid from Turtle Creek funds, including the construction account established under the KLIM Facility. See “Note 5 – Debt.” As of October 31, 2026, the Company had paid $349.8 million of the $350.0 million purchase price. In October 2026, the equipment was loaded onto an ocean-going vessel, which departed the Philippines and title to the equipment transferred to the Company.
Other
Our Coal Operations subsidiary was party to litigation in which the plaintiffs alleged violations of the Fair Labor Standards Act and state law due to alleged failure to compensate for time "donning" and "doffing" equipment and to account for certain bonuses in the calculation of overtime rates and pay. In January 2025, we agreed to settle with the plaintiffs such litigation for $2.8 million, which was recorded in operating expenses on our consolidated statements of operations for the year ended December 31, 2024. During the third quarter of 2025, we transferred $2.7 million into an escrow account and in late 2025 the settlement terms were approved by the court. At September 30, 2026, there were no further amounts accrued on our consolidated balance sheet related to this litigation.