Adequate Assurance of Performance. (a) If Seller, in its sole judgment, has reasonable grounds for insecurity regarding the ability of Buyer to perform its financial obligations hereunder, or any other material obligation under this Agreement, the Parties shall work together in good faith to resolve Seller’s concerns. If the Parties cannot resolve such concerns, Seller may request that Buyer provide Adequate Assurance of Performance (as defined below) and if Buyer fails to provide such Adequate Assurance of Performance within five Business Days of receipt of request therefor, Seller may, without waiving any other rights or remedies available to it under this Agreement or now or hereafter existing at Law or in equity, withhold further deliveries until the demanded Adequate Assurance of Performance is received.
Adequate Assurance of Performance. As defined in Section 13.6(a).
Adequate Assurance of Performance. If (i) Producers fail to pay any amounts due under this Contract according to the provisions hereof and such failure continues for a period of ** Business Days after notice of such failure is provided to Producers or (ii) Gatherer has reasonable grounds for insecurity regarding the ability of Producers to pay any amounts due or to become due under this Contract or to meet any other financial obligation of Producers under this Contract, then Gatherer, by notice to Producers, may, singularly or in combination with any other rights it may have, demand Adequate Assurance of Performance by Producers. “Adequate Assurance of Performance” means at the option of Producers, advance payment in cash by Producers to Gatherer for Services to be provided under this Contract in the following Month, or delivery to Gatherer by Producers of an Acceptable Letter of Credit in an amount equal to not less than the aggregate proceeds due from Producers under the Contract for the prior two-Month period. If Producers fail to provide Adequate Assurance of Performance to Gatherer within ** Business Days after receipt of Gatherer’s Notice, then Gatherer will have the right to suspend or reduce all Services under this Contract without prior notice and without limiting any other rights or remedies available to it under this Contract or otherwise. If Gatherer is entitled to Adequate Assurance of Performance and exercises the right to suspend or reduce services under this Section 8.4, then Producers will not be entitled to take, or cause to be taken, any action under this Contract or otherwise against Gatherer for such suspension or reduction. Failure of Gatherer to exercise its right to suspend or reduce service as provided in this Section will not constitute a waiver by Gatherer of any rights or remedies Gatherer may have under the contract, applicable law, or otherwise.
Adequate Assurance of Performance. If during the Term of this Assignment Agreement [Successful Bidder] is determined to be out of compliance with the creditworthiness requirements set forth in Attachment L of Schedule 20A-ES and Attachment L of Schedule 20A-NSTAR of Section II of the ISO-NE Tariff, [Successful Bidder] shall provide Adequate Assurance of Performance in an amount and for a term satisfactory to Eversource. “Adequate Assurance of Performance” shall mean security in the form of a standby irrevocable letter of credit acceptable to Eversource.
Adequate Assurance of Performance. Seller may periodically review Buyer’s credit status and payment record, and may request copies of Buyer’s most recent financial statements, which Buyer shall promptly supply. At any time throughout the term of the Agreement, if Seller has grounds for insecurity at its discretion regarding Buyer’s the performance of its payment obligations, then Seller may require a prepayment, a letter of credit, a parent company guarantee, and/or other collateral in form and amount acceptable to Seller to secure Buyer‘s payment obligations under the Agreement. The Buyer is required to provide requested security in 10 days. If Buyer fails to provide requested security in 10 days, Seller shall have the right, at its sole election, to immediately withhold and/or suspend deliveries upon notice and/or to terminate the Agreement without prejudice to any and all claims for damages or other rights or remedies available to Seller.
Adequate Assurance of Performance. If a Party has reasonable grounds for seeking Adequate Assurance of Performance pursuant to Section 4.4 of the Master Agreement, a Party may only request, and the other Party shall only be required to provide, Adequate Assurance of Performance with respect to this Transaction for the following amounts (but only to the extent that their sum is in excess of a Party’s applicable credit limit (as determined pursuant to Section 4.4 of the Master Agreement): (i) amounts due and owing (including any amounts in dispute for which payment may have been withheld in accordance with Section 6.1(b)) and (ii) amounts reasonably projected to become due and owing (assuming no default of the Master Agreement or this Transaction Agreement) for services to be provided pursuant to this Transaction Agreement during the sixty (60) day period following such request.
Adequate Assurance of Performance. If PSE has reasonable grounds for insecurity regarding the performance of any obligation under this Agreement,(whether or not then due) by Customer-Generator, PSE may demand, and shall have the right to receive, from Customer-Generator Adequate Assurance of Performance. For purposes of this Agreement, "
Adequate Assurance of Performance. As defined in Section 14.6(a). Affiliate. Any Person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with another Person. Affiliated shall have the correlative meaning. The term “control” (including its derivatives and similar terms) shall mean possessing the power to direct or cause the direction of the management and policies of a Person, whether through ownership, by contract, or otherwise. Notwithstanding the foregoing, for purposes of this Agreement, none of Antero Midstream Partners LP, Antero Resources Midstream Management LLC, or any of their respective direct or indirect subsidiaries (including Antero Water) shall be an Affiliate of Producer, and neither Producer nor any of its direct or indirect subsidiaries (other than Antero Midstream Partners LP and its direct and indirect subsidiaries) shall be an Affiliate of Antero Water.
Adequate Assurance of Performance. It shall be an Event of Default if Party B or any affiliate of Party B fails to give adequate assurances of its ability to perform any of its obligations under this Agreement, any Option or any other agreement or transaction between Party A or any affiliate of Party A and Party B or any affiliate of Party B within a reasonable time (and for this purpose a period of 24 hours shall in no event be deemed unreasonable, and nothing herein shall be deemed to preclude a shorter period if reasonable under the circumstances) following a written demand by Party A or any affiliate of Party A for adequate assurances when Party A or any affiliate of Party A has reasonable grounds for insecurity.
Adequate Assurance of Performance. If at any time Party A or any affiliate of Party A has rea- sonable grounds for insecurity with respect to the performance of Party B or any affiliate of Party B of its obligations with respect to this Agreement, any Transaction or any other agreement or transaction between Party A or any affiliate of Party A and Party B or any affiliate of Party B, Party A may demand adequate assurance of due performance by Party B within a reasonable time (and for this purpose a period of 24 hours shall in no event be deemed unreasonable, and noth- ing herein shall be deemed to preclude a shorter period if reasonable under the circumstances). Adequate assurance of performance that may be demanded by Party A may include, but shall not be limited to, the delivery by Party B to Party A of initial or additional Collateral as security for the Secured Obligations.
