Collateral Requirement. On or before the thirtieth (30th) day following the Execution Date, Seller shall post and thereafter maintain a collateral requirement (the “Collateral Requirement”) as designated in the Cover Sheet. The Collateral Requirement will be held by Buyer and must be in the form of either a cash deposit or Letter of Credit.
Collateral Requirement. The “Collateral Requirement” for Seller means the Exposure, minus the sum of:
Collateral Requirement. On or before the thirtieth (30th) day following the Execution Date, Seller shall post and thereafter maintain a collateral requirement (the “Collateral Requirement”) equal to twenty dollars ($20.00) for each kilowatt of the Contract Capacity. The Collateral Requirement will be held by Buyer and must be in the form of either a cash deposit or Letter of Credit.
Collateral Requirement. [The Collateral Requirement is equal to twenty thousand dollars ($20,000.00) for each megawatt of the Contract Capacity for a total of [Dollar amount in words] ($ _.00).] [For all Projects except Projects with a High Hazard Fuel Requirement] [The Collateral Requirement is equal to the greater of (i) an amount equal to (a) the Contract Price minus $199.72/MWh, multiplied by (b) 1.5, multiplied by (c) the highest annual Contract Quantity(MWh/yr) committed in the Delivery Term Contract Quantity Schedule set forth in the Cover Sheet Section D, for a total of [Dollar amount in words] ($ _.00)]; or (ii) twenty thousand dollars ($20,000) for each megawatt of the Contract Capacity for a total of [Dollar amount in words] ($ _ .00).] [For all Projects with a High Hazard Fuel Requirement]
Collateral Requirement. (i) Upon the occurrence of the Collateral Requirement, each of the Loan Parties will grant to the Agent for the benefit of the Secured Parties, substantially contemporaneously with the grant to the holders of such Specified Secured Indebtedness, valid and perfected security interests in all of the Non-ABL Priority Collateral of the Loan Parties that will secure Specified Secured Indebtedness pursuant to clause (6)(B) of the definition of “Permitted Liens” (other than any Real Estate) that triggered such Collateral Requirement (such Specified Secured Indebtedness, the “Applicable Specified Secured Indebtedness”) and which Non-ABL Priority Collateral is not covered by the then existing Security Documents by entering into additional Security Documents (the “Additional Security Documents”) that are in form and substance reasonably acceptable to the Agent.
(ii) All such security interests shall be granted pursuant to documentation consistent with the security documentation granted to the holders of the Applicable Specified Secured Indebtedness and otherwise reasonably satisfactory in form and substance to the Agent and (subject to exceptions as are acceptable to the holders of the Applicable Specified Secured Indebtedness and otherwise reasonably acceptable to the Agent) shall constitute, upon taking all necessary perfection action (which the Loan Parties agree to promptly take) valid and enforceable perfected security interests (except to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws generally affecting creditors’ rights and by equitable principles (regardless of whether enforcement is sought in equity or at law)), superior to and prior to the rights of all third Persons (other than the holders of the Applicable Specified Secured Indebtedness) and subject to no other Liens except for Permitted Liens. The Additional Security Documents or instruments related thereto shall be duly recorded or filed in such manner and in such places as are required by law to establish, perfect, preserve and protect (subject to exceptions as are acceptable to the holders of the Applicable Specified Secured Indebtedness and otherwise reasonably acceptable to the Agent) the Liens in favor of the Collateral Agent required to be granted pursuant to such Additional Security Documents and all Taxes, fees and other charges payable in connection therewith shall be paid in full.
(iii) Each Age...
Collateral Requirement. Borrower shall comply with the Collateral Requirement in all respects, and shall promptly notify Administrative Agent as soon as it has knowledge or reasonable belief that the value of any Collateral has been or may be materially impaired.
Collateral Requirement. Within 45 days (or such longer period of time agreed to by the Administrative Agent in writing in its sole discretion) of the Third Amendment Effective Date, each Loan Party shall grant a perfected first-priority security interest and continuing Lien (subject to Permitted Liens) in favor of the Administrative Agent, for the benefit of the Secured Parties, on all of its Collateral to secure the Obligations by delivering to the Administrative Agent a customary security agreement, in form and substance reasonably satisfactory to the Administrative Agent (together with each other security agreement and security agreement supplement, in each case as amended, the “Security Agreement”), duly executed by each Loan Party, together with:
(a) proper financing statements in form appropriate for filing under the UCC of all jurisdictions that the Administrative Agent may deem necessary or desirable in order to perfect the Liens created under the Security Agreement and the other Collateral Documents, covering the Collateral described in the Security Agreement and the other Collateral Documents; and
(b) favorable opinions of counsel to the Loan Parties covering items customary for transactions contemplated by this Section 6.10. Each Loan Party, at the sole cost and expense of the Loan Parties, shall promptly upon request by the Administrative Agent, or any Bank through the Administrative Agent, (a) correct any defect or error that may be discovered in any Collateral Document or in the execution, acknowledgment, filing or recordation thereof, and (b) do, execute, acknowledge, deliver, record, re-record, file, re-file, register and re-register any and all such further acts, deeds, certificates, assurances and other instruments as the Administrative Agent, or any Bank through the Administrative Agent, may reasonably require from time to time in order to (i) carry out more effectively the provisions of the Collateral Documents, (ii) to the fullest extent permitted by applicable law, subject the Collateral to the Liens in favor of the Administrative Agent (on behalf of the Secured Parties), (iii) perfect and maintain the validity, effectiveness and priority of any of the Collateral Documents and any of the Liens (subject to Permitted Liens) created thereunder and (iv) assure, convey, grant, assign, transfer, preserve, protect and confirm more effectively unto the Administrative Agent (on behalf of the Secured Parties) the rights now or hereafter granted to the Secured Parties ...
Collateral Requirement. 4.1. On or before the thirtieth (30th) day following the Effective Date, Producer shall post and thereafter maintain a collateral requirement (the “Collateral Requirement”) equal to twenty dollars ($20) for each kilowatt of the Gross Power Rating. The Collateral Requirement will be held by SCE and must be in the form of either a cash deposit or the Letter of Credit. If Producer establishes the Collateral Requirement in the form of a cash deposit, SCE shall make monthly Simple Interest Payments to Producer in accordance with the terms of this Agreement.
4.2. The Collateral Requirement shall be posted to SCE and maintained at all times from the thirtieth (30th) day following the Effective Date through the Term End Date and thereafter until such time as Producer has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year following the end of the Term.
4.3. If, on the Term Start Date, Producer:
4.3.1. Has not installed any of the equipment or devices necessary for any Generating Facility to satisfy any of the Gross Power Rating, Producer shall forfeit, and SCE shall have the right to retain, the entire Collateral Requirement and terminate this Agreement; or
4.3.2. Has installed only a portion of the equipment or devices necessary for a Generating Facility to satisfy the Gross Power Rating of such Generating Facility prior to any adjustment to the Gross Power Rating pursuant to this Section 4.3.2, Producer shall forfeit, and SCE shall have the right to retain, a portion of the Collateral Requirement equal to the product of twenty dollars ($20) per kW DC and the Gross Power Rating prior to any adjustment to the Gross Power Rating pursuant to this Section 4.3.2 less the product of twenty dollars ($20) per kW DC and the portion of the Gross Power Rating that is available to deliver the Product to SCE at the Delivery Point as of the Term Start Date. In addition, to the extent Producer has installed only a portion of the equipment or devices necessary for a Generating Facility to satisfy the Gross Power Rating of such Generating Facility, the Gross Power Rating set forth in Section 2.3 and the Net Power Rating Set forth in Section 2.4 shall each be adjusted downward to reflect the actual portion of equipment installed at the Generating Facility as of the Term Start Date so long as each of the Gross Power Rating and Net Power Rating are greater than zero (0).
Collateral Requirement. The Collateral Requirement is equal to twenty thousand dollars ($20,000) for each megawatt of the Contract Capacity for a total of [Dollar amount in words] ($ _.00).
Collateral Requirement. The Valuation Agent agrees to contact the Custodian (and the Custodian agrees to promptly furnish such information) on the last day that each Collateral Requirement is required to be satisfied to verify the satisfaction of same by the Pledgor and to immediately notify the Pledgor and the Pledgee in the manner described in Section 2.7(a) of the Pledgor's failure to satisfy the Collateral Requirement. The Pledgor's failure to satisfy the Collateral Requirement shall result in the Pledgee having the immediate right to the Certificate Collateral and Account Funds in accordance with Section 6.1.
