Common use of Bank Guarantee Clause in Contracts

Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: (i) 30 EUR/MWh; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) The bank guarantee shall be valid until 30 September 2022. If Borrower fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 2022, or until the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-transferred to the Borrower. b) Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than 30 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 2 contracts

Samples: Lending and Borrowing Agreement, Lending and Borrowing Agreement

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Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: (i) 30 EUR/MWh; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, on the “xxxx://xxx.xxxx.xx/gas- futures-market” site, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base monthmonth (hereinafter: section "CEGH AT VTP Front Month Single Day Select”), rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) The bank guarantee shall be valid until 30 September 202220…. If Borrower Xxxxxxxx fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 2022…………………….. 20 , or until the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-transferred to the Borrower. b) Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than 30 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 2 contracts

Samples: Lending Agreement, Lending and Borrowing Agreement

Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: (i) 30 60 EUR/MWh; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, on the “xxxx://xxx.xxxx.xx/gas- futures-market” site, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base monthmonth (hereinafter: section "CEGH AT VTP Front Month Single Day Select”), rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) The bank guarantee shall be valid until 30 September 202220…. If Borrower Xxxxxxxx fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 2022…………………….. 20 , or until the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-transferred to the Borrower. b) Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than 30 60 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 2 contracts

Samples: Lending Agreement, Lending and Borrowing Agreement

Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: (i) 30 EUR/MWh; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) 1.1. The bank guarantee shall be valid until 30 September 202231 August 2020. If Borrower Xxxxxxxx fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 2022March 2020 or 30 June 2020 (depending on whether Borrower has storage contract for storage year 2020/2021), or until the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-re- transferred to the Borrower. b) 1.2. Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) 1.3. The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) 1.4. If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than 30 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) 1.5. In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 1 contract

Samples: Lending Agreement

Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: (i) 30 EUR/MWh; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. xxxx://xxx.xxxx.xx/gas-futures-market In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) The bank guarantee shall be valid until 30 September 202220…. If Borrower fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 2022…………………….. 20..., or until the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-transferred to the Borrower. b) Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than 30 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 1 contract

Samples: Lending and Borrowing Agreement

Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: (i) 30 EUR/MWh; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) 1.1. The bank guarantee shall be valid until 30 September 202231 August 2019. If Borrower fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 202230 June 2019, or until the the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-re- transferred to the Borrower. b) 1.2. Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) 1.3. The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) 1.4. If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than or equal to 30 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) 1.5. In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 1 contract

Samples: Lending and Borrowing Agreement

Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: (i) 30 20 EUR/MWh; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) The bank guarantee shall be valid until 30 September 202231 May 2021. If Borrower fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 2022March 2021, or until the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-transferred to the Borrower. b) Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than 30 20 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 1 contract

Samples: Lending and Borrowing Agreement

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Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: (i) 30 20 EUR/MWh; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) The bank guarantee shall be valid until 30 September 202231 May 20[…]. If Borrower fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 2022March 20[…], or until the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-transferred to the Borrower. b) Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than 30 20 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 1 contract

Samples: Lending and Borrowing Agreement

Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: (i) 30 EUR/MWh; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. xxxx://xxx.xxxx.xx/gas-futures-market In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) The bank guarantee shall be valid until 30 September 202220…. If Borrower fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 2022…………………….. 20 , or until the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-transferred to the Borrower. b) Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than 30 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 1 contract

Samples: Lending and Borrowing Agreement

Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: : (i) 30 60 EUR/MWh; ; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. month.xxxx://xxx.xxxx.xx/gas-futures-market In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) The bank guarantee shall be valid until 30 September 2022202_. If Borrower fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 2022202_, or until the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-transferred to the Borrower. b) Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than 30 60 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 1 contract

Samples: Lending and Borrowing Agreement

Bank Guarantee. Borrower shall provide to MFGT a valid, unconditional and irrevocable bank guarantee for payment issued by a certified credit institution accepted by MFGT, of which: - the exclusive beneficiary shall be MFGT, and which - shall be in the amount: covering the market value of the Natural Gas Lent, that is EUR which shall be calculated using the following formula: CEGH* Quantity Lent (MWh) where: CEGH: Market price on which the bank guarantee is based, being the higher value of the following: (i) 30 EUR/MWh; (ii) 150% of the daily “Settlement Price” published on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, rounded to 3 decimal digits in EUR/MWh. If on the day MFGT receives the Borrower’s request for the conclusion of the Gas Loan contract, no daily “Settlement Price” is published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month, 150% of the last daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month. xxxx://xxx.xxxx.xx/gas-futures-market In as far as the Borrower uses other storage service(s) and offered a bank guarantee as a payment collateral, the bank guarantee securing the fee of other storage services may not be set off from the bank guarantee amount due pursuant to this contract. a) The bank guarantee shall be valid until 30 September 202220…. If Borrower Xxxxxxxx fails to return the Natural Gas Lent according to the Schedule set forth in Chapter VII, Section 2 or Chapter VII, Section 3 – that is until 31 August 2022…………………….. 20..., or until the date specified in the Notification sent by MFGT in case of Mandatory Return –, or if the Borrower commits any other material breach of contract as per Section XV of this Contract, MFGT shall become entitled to call upon the full amount of the bank guarantee following it becomes aware of (i) even the slightest deviation from the schedule, or (ii) the material breach of contract. After the settlement of the amount required for procuring the missing gas quantity and the arising costs, the remaining part of the amount called shall be re-transferred to the Borrower. b) Any fee or cost related to the bank guarantee shall be borne by the Borrower. c) The early termination or the inappropriate modification of the bank guarantee shall qualify as material breach of contract. d) If under the duration of the contract, 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 is on any day 10% higher than the 150% of the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select" section for the month following the base month and this is higher than 30 EUR/MWh, the Borrower shall - up to the extent of the increase - raise the amount of the bank guarantee offered as collateral, to cover the increased value of the gas quantity lent. Defaulting on this shall qualify as a material breach of contract. In the event that this obligation is not fulfilled, the Borrower shall be obliged to pay a daily penalty of HUF 1,000,000, that is one million forints from the first day of default. In as far as the daily “Settlement Price” published in the "CEGH AT VTP Front Month Single Day Select” section for the month following the base month as specified in Section XIV.1 decreases by at least 20% under the duration of the contract, parties shall jointly review the extent of the collateral provided by the Borrower. e) In other respects, the stipulations of MFGT’s Code of Business Conduct shall apply to the bank guarantee.

Appears in 1 contract

Samples: Lending and Borrowing Agreement

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