Common use of Buyer Security Clause in Contracts

Buyer Security. Upon request of Seller, Buyer shall be required to post security in the form of a letter of credit in favor of and reasonably acceptable to Seller within ten (10) days of Seller's request if the rating of both Xxxxx'x and Standard & Poor's of UCU (or its successor or replacement entity pursuant to the operation of Section 12.4) the co-obligor under this Agreement, falls below Investment Grade. Such letter of credit shall be in an amount equal the next six (6) months Capacity Charges if such rating is one Rating Category below Investment Grade, or twelve (12) months Capacity Charges if such rating is two or more Rating Categories below Investment Grade, upon which Seller may draw any amounts due from Buyer hereunder and not timely paid. Any six month Capacity Charge letter of credit shall have a term of not less than 180 days. Any twelve month Capacity Charge letter of credit shall have a term of not less than 364 days. If such letter of credit is not renewed at least thirty (30) days prior to expiration, Seller may draw the full amount of such letter of credit and hold such amounts to offset against liability (including future liability) of Buyer under this Agreement. If one or both rating agencies restores UCU's (or its successor or replacement entity pursuant to the operation of Section 12.4) long term debt rating to Investment Grade, than Buyer may request that Seller surrender the letter of credit to Buyer, and Seller will do so within three Business Days of such request.

Appears in 2 contracts

Samples: Power Sales Agreement (Aquila Inc), Power Sales Agreement (Aquila Inc)

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Buyer Security. Upon request of Seller, Buyer shall be required -------------- to post security in the form of a letter of credit in favor of and reasonably acceptable to Seller within ten (10) days of Seller's request if the rating of both Xxxxx'x and Standard & Poor's of UCU (or its successor or replacement entity pursuant to the operation of Section 12.4) the co-co- obligor under this Agreement, falls below Investment Grade. Such letter of credit shall be in an amount equal the next six (6) months Capacity Charges if such rating is one Rating Category below Investment Grade, or twelve (12) months Capacity Charges if such rating is two or more Rating Categories below Investment Grade, upon which Seller may draw any amounts due from Buyer hereunder and not timely paid. Any six month Capacity Charge letter of credit shall have a term of not less than 180 days. Any twelve month Capacity Charge letter of credit shall have a term of not less than 364 days. If such letter of credit is not renewed at least thirty (30) days prior to expiration, Seller may draw the full amount of such letter of credit and hold such amounts to offset against liability (including future liability) of Buyer under this Agreement. If one or both rating agencies restores UCU's (or its successor or replacement entity pursuant to the operation of Section 12.4) long term debt rating to Investment Grade, than Buyer may request that Seller surrender the letter of credit to Buyer, and Seller will do so within three Business Days of such request.

Appears in 1 contract

Samples: Power Sales Agreement (Dominion Resources Inc /Va/)

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Buyer Security. Upon request of Seller, Buyer shall be -------------- required to post security in the form of a letter of credit in favor of and reasonably acceptable to Seller within ten (10) days of Seller's request if the rating of both Xxxxx'x and Standard & Poor's of UCU (or its successor or replacement entity pursuant to the operation of Section 12.4) the co-obligor under this Agreement, falls below Investment Grade. Such letter of credit shall be in an amount equal the next six (6) months Capacity Charges if such rating is one Rating Category below Investment Grade, or twelve (12) months Capacity Charges if such rating is two or more Rating Categories below Investment Grade, upon which Seller may draw any amounts due from Buyer hereunder and not timely paid. Any six month Capacity Charge letter of credit shall have a term of not less than 180 days. Any twelve month Capacity Charge letter of credit shall have a term of not less than 364 days. If such letter of credit is not renewed at least thirty (30) days prior to expiration, Seller may draw the full amount of such letter of credit and hold such amounts to offset against liability (including future liability) of Buyer under this Agreement. If one or both rating agencies restores UCU's (or its successor or replacement entity pursuant to the operation of Section 12.4) long term debt rating to Investment Grade, than Buyer may request that Seller surrender the letter of credit to Buyer, and Seller will do so within three Business Days of such request.

Appears in 1 contract

Samples: Power Sales Agreement (Dominion Resources Inc /Va/)

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