Acceptable Forms of Security. At the XXXX Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral if required: (a) cash credited to a deposit account of the Companies; and (b) a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX Supplier fails to supply a substitute Letter of Credit as required, then the Companies will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX Supplier will immediately notify the Companies and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or (c) with respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of the XXXX Supplier or its Guarantor, which First Mortgage Bonds shall conform to the requirements set forth in Appendix G and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes of this subsection (c),
Appears in 8 contracts
Samples: Supply Agreement, Supply Agreement, Supply Agreement
Acceptable Forms of Security. At the XXXX each SSO Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral or ICR Collateral, if required:
(a) cash credited to a deposit account of the Companies; and
(b) a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX SSO Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX SSO Supplier fails to supply a substitute Letter of Credit as required, then the Companies will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral or ICR Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX an SSO Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX SSO Supplier will immediately notify the Companies and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or
(c) with respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of the XXXX SSO Supplier or its Guarantor, which First Mortgage Bonds shall conform to the requirements set forth in Appendix G H and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes of this subsection (c),
Appears in 4 contracts
Samples: Supply Agreement, Master Standard Service Offer Supply Agreement, Master Standard Service Offer Supply Agreement
Acceptable Forms of Security. At the XXXX each SSO Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral if required:
(a) cash credited to a deposit account of the Companies; and
(b) a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX SSO Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX SSO Supplier fails to supply a substitute Letter of Credit as required, then the Companies will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX an SSO Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX SSO Supplier will immediately notify the Companies and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or
(c) with respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of the XXXX SSO Supplier or its Guarantor, which First Mortgage Bonds shall conform to the requirements set forth in Appendix G H and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes of this subsection (c),
Appears in 4 contracts
Samples: Supply Agreement, Supply Agreement, Supply Agreement
Acceptable Forms of Security. At the XXXX Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral if required:
(a) cash credited to a deposit account of the Companies; and
(b) a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX Supplier fails to supply a substitute Letter of Credit as required, then the Companies will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX Supplier will immediately notify the Companies and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or.
(c) with respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of the XXXX Supplier or its Guarantor, which First Mortgage Bonds shall conform to the requirements set forth in Appendix G and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes of this subsection (c),
Appears in 4 contracts
Samples: Supply Agreement, Supply Agreement, Supply Agreement
Acceptable Forms of Security. At the XXXX Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral if required:
(a) cash : xxxx credited to a deposit account of the Companies; and
(b) and a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX Supplier fails to supply a substitute Letter of Credit as required, then the Companies will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX Supplier will immediately notify the Companies and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or
(c) with respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of the XXXX Supplier or its Guarantor, which First Mortgage Bonds shall conform to the requirements set forth in Appendix G and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes of this subsection (c),
Appears in 2 contracts
Samples: Supply Agreement, Supply Agreement
Acceptable Forms of Security. At the XXXX each SSO Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral or ICR Collateral, if required:
(a) cash credited to a deposit account of the Companies; and
(b) a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX SSO Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX SSO Supplier fails to supply a substitute Letter of Credit as required, then the Companies will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral or ICR Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX an SSO Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX SSO Supplier will immediately notify the Companies and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or
(c) with respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of the XXXX SSO Supplier or its Guarantor, which First Mortgage Bonds shall conform to the requirements set forth in Appendix G H and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes of this subsection (c),this
Appears in 1 contract
Acceptable Forms of Security. At the XXXX Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral if required:
(a) : cash credited to a deposit account of the Companies; and
(b) and a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX Supplier fails to supply a substitute Letter of Credit as required, then the Companies will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX Supplier will immediately notify the Companies and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or
(c) with respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of the XXXX Supplier or its Guarantor, which First Mortgage Bonds shall conform to the requirements set forth in Appendix G and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes of this subsection (c),
Appears in 1 contract
Samples: Supply Agreement
Acceptable Forms of Security. At the XXXX each SSO Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral if required:
(a) cash credited to a deposit account of the Companies; andor
(b) a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX SSO Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX SSO Supplier fails to supply a substitute Letter of Credit as required, then the Companies will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX an SSO Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX SSO Supplier will immediately notify the Companies and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or
(c) with respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of the XXXX Supplier or its Guarantor, which First Mortgage Bonds shall conform to the requirements set forth in Appendix G and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes of this subsection (c),.
Appears in 1 contract
Samples: Supply Agreement
Acceptable Forms of Security. At the XXXX Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral if required:
(a) cash credited to a deposit account of the CompaniesDP&L; and
(b) a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive DP&L receives notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies DP&L thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX Supplier fails to supply a substitute Letter of Credit as required, then the Companies DP&L will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX Supplier will immediately notify the Companies DP&L and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or
(c) with DP&L. Notwithstanding anything in this Agreement to the contrary, DP&L may exercise any rights or claims to any collateral posted, delivered or pledged to them under this Agreement, before, after, concurrently with, or to the exclusion of, any other collateral posted, delivered or pledged prior to applying any cash collateral against, or making a drawing under any letter of credit in respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of, any liabilities of the XXXX Supplier hereunder or its Guarantor, which First Mortgage Bonds shall conform Guarantor under the Guaranty to the requirements set forth in Appendix G and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes DP&L or any of this subsection (c),them.
Appears in 1 contract
Samples: Supply Agreement
Acceptable Forms of Security. a) At the XXXX each SSO Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral or ICR Collateral, if required:
(ai) cash credited to a deposit account of the CompaniesThe Dayton Power and Light Company; andor
(bii) a Letter of Credit, Credit in the form set forth in Appendix D and which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. .
b) If the Companies receive The Dayton Power and Light Company receives notice from the issuing financial institution that the a Letter of Credit is being cancelled, the XXXX SSO Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies The Dayton Power and Light Company thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX SSO Supplier fails to supply a substitute Letter of Credit as required, then the Companies The Dayton Power and Light Company will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral or ICR Collateral, as applicable. .
c) If the credit rating of a bank or other financial institution from which a XXXX an SSO Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX SSO Supplier will immediately notify the Companies The Dayton Power and Light Company and, within one fifteen (115) Business Day Days of the failure of the financial institution to meet the required credit rating, ,
(i) obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by CompaniesThe Dayton Power and Light Company; oror (ii) cash. If the SSO Supplier fails to supply a suitable Letter of Credit or deposit cash as required, then the Dayton Power and Light Company will have the right to draw on the existing Letter of Credit and hold the amount as Margin Collateral or ICR Collateral, as applicable.
(cd) with Notwithstanding anything in this Agreement to the contrary, The Dayton Power and Light Company may exercise any rights or claims to any collateral posted, delivered or pledged to them under this Agreement, before, after, concurrently with, or to the exclusion of, any other collateral posted, delivered or pledged, and i are not required to exercise any remedies whatsoever prior to applying any cash collateral against, or making a drawing under any letter of credit in respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of, any liabilities of the XXXX SSO Supplier hereunder or its Guarantor, which First Mortgage Bonds shall conform Guarantor under the Guaranty to the requirements set forth in Appendix G The Dayton Power and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes of this subsection (c),Light Company.
Appears in 1 contract
Samples: Supply Agreement
Acceptable Forms of Security. At the XXXX Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral if required:
(a) cash credited to a deposit account of the CompaniesDP&L; and
(b) a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive DP&L receives notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies DP&L thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX Supplier fails to supply a substitute Letter of Credit as required, then the Companies DP&L will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX Supplier will immediately notify the Companies DP&L and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or
(c) with DP&L. Notwithstanding anything in this Agreement to the contrary, DP&L may exercise any rights or claims to any collateral posted, delivered or pledged to them under this Agreement, before, after, concurrently with, or to the exclusion of, any other collateral posted, delivered or pledged prior to applying any cash collateral against, or making a drawing under any letter of credit in respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of, any liabilities of the XXXX Supplier hereunder or its Guarantor, which First Mortgage Bonds shall conform Guarantor under the Guaranty to the requirements set forth in Appendix G and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes DP&L or any of this subsection (c),them.
Appears in 1 contract
Samples: Supply Agreement
Acceptable Forms of Security. At the XXXX each SSO Supplier’s choice, the following are deemed to be acceptable for posting Margin Collateral or ICR Collateral, if required:
(a) cash credited to a deposit account of the Companies; and
(b) a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies receive notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX SSO Supplier will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX SSO Supplier fails to supply a substitute Letter of Credit as required, then the Companies will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral or ICR Collateral, as applicable. If the credit rating of a bank or other financial institution from which a XXXX an SSO Supplier has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX SSO Supplier will immediately notify the Companies and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or
(c) with respect to Surplus Margin only the delivery or pledge of First Mortgage Bonds of the XXXX SSO Supplier or its Guarantor, which First Mortgage Bonds shall conform to the requirements set forth in Appendix G H and otherwise be in form, amount and substance satisfactory to the Companies in their sole discretion. For purposes of this subsection (c),, (i) “Surplus Margin” means Margin in excess of $400 million that has been secured by cash or letter of credit as defined in section (a) and (b) above and “First Mortgage Bonds” means obligations of such SSO Supplier or Guarantor, as the case may be, evidenced by a first mortgage bond or other similar instrument and secured by a first priority lien on all or substantially all of the property, plant and equipment and related assets of such SSO Supplier or Guarantor. Notwithstanding anything in this Agreement to the contrary, the Companies may exercise any rights or claims to any collateral posted, delivered or pledged to them under this Agreement, before, after, concurrently with, or to the exclusion of, any other collateral posted, delivered or pledged, and in particular are not required to exercise any remedies whatsoever against any First Mortgage Bonds prior to applying any cash collateral against, or making a drawing under any letter of credit in respect of, any liabilities of the SSO Supplier hereunder or its Guarantor under the Guaranty to the Companies or any of them.
Appears in 1 contract
Acceptable Forms of Security. At the XXXX Suppliereach Participating LSE’s choice, the following are deemed to be acceptable for posting Margin Collateral if requiredPerformance Assurance:
(a) cash credited to a deposit account of the CompaniesATSI Utilities; and
(b) a Letter of Credit, which shall state that such Letter of Credit will renew automatically for successive one-year or shorter periods, until terminated upon at least ninety (90) days’ prior written notice from the issuing financial institution. If the Companies ATSI Utilities receive notice from the issuing financial institution that the Letter of Credit is being cancelled, the XXXX Supplier Participating LSE will be required to provide a substitute Letter of Credit from an alternative bank satisfying the minimum credit rating set forth in the definition of “Letter of Credit”. The receipt of the substitute Letter of Credit must be effective as of the cancellation date and delivered to the Companies ATSI Utilities thirty (30) days before the cancellation date of the original Letter of Credit. If the XXXX Supplier Participating LSE fails to supply a substitute Letter of Credit as required, then the Companies ATSI Utilities will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral, as applicablePerformance Assurance. If the credit rating of a bank or other financial institution from which a XXXX Supplier Participating LSE has obtained a Letter of Credit falls below the levels set forth in the definition of “Letter of Credit”, the XXXX Supplier Participating LSE will immediately notify the Companies ATSI Utilities and, within one (1) Business Day of the failure of the financial institution to meet the required credit rating, obtain a suitable Letter of Credit from another bank or other financial institution that meets those standards, unless such period is extended in writing by Companies; or
(c) with respect ATSI Utilities. If the Participating LSE fails to Surplus Margin only supply a substitute Letter of Credit as required, then the delivery or pledge ATSI Utilities will have the right to draw on the existing Letter of First Mortgage Bonds of Credit and to hold the XXXX Supplier or its Guarantor, which First Mortgage Bonds shall conform amount as Performance Assurance. Notwithstanding anything in this Agreement to the requirements set forth in Appendix G and otherwise be in formcontrary, amount and substance satisfactory the ATSI Utilities may exercise any rights or claims to any Performance Assurance posted, delivered or pledged to them under this Agreement, before, after, concurrently with, or to the Companies in their sole discretion. For purposes of this subsection (c),exclusion of, any other Performance Assurance posted, delivered or pledged to the ATSI Utilities.
Appears in 1 contract
Samples: Capacity Payment Agreement