Common use of Creditworthiness Determination Clause in Contracts

Creditworthiness Determination. The Companies will determine the creditworthiness of the XXXX Supplier or its Guarantor, if applicable, whether organized under the laws of the United States or organized under the laws of a foreign jurisdiction, based on its most recent senior unsecured debt rating (or, if unavailable, its corporate issuer rating). The Companies will have full discretion, without liability or recourse to such XXXX Supplier or its Guarantor, if applicable, to evaluate the evidence of creditworthiness submitted by such XXXX Supplier or Guarantor. The Companies may re-evaluate the creditworthiness of the XXXX Supplier or Guarantor from time to time, including whenever they become aware of an adverse change in such XXXX Supplier’s or Guarantor’s credit standing. In addition, the XXXX Supplier may petition the Companies to re-evaluate its creditworthiness whenever an event occurs that the XXXX Supplier reasonably believes would improve the determination made by the Companies of its or its Guarantor’s creditworthiness. The Companies’ credit re- evaluation must be completed as soon as practicable, but in no event longer than thirty (30) days after receiving a fully documented request. The Companies shall provide the rationale for their determination of the credit limit and any resulting security requirement and such determination shall be deemed final and conclusive. The Companies shall perform their credit re-evaluation and associated security calculation in a non-discriminatory manner. The XXXX Supplier or its Guarantor shall provide unrestricted access to its audited financial statements; however, if audited financial statements are not available, the Companies may specify other types of financial statements that will be accepted. If the Companies determine in their sole discretion that they are unable to adequately assess the XXXX Supplier’s or Guarantor’s creditworthiness or the credit rating of the XXXX Supplier or its Guarantor is insufficient, such XXXX Supplier shall be required to post ICR Collateral in accordance with Section 6.4 and Margin Collateral in accordance with Section 6.7.

Creditworthiness Determination. The Companies will determine the creditworthiness of the XXXX an SSO Supplier or its Guarantor, if applicable, whether organized under the laws of the United States or organized under the laws of a foreign jurisdiction, based on its most recent senior unsecured debt rating (or, if unavailable, its corporate issuer rating). The Companies will have full discretion, without liability or recourse to such XXXX SSO Supplier or its Guarantor, if applicable, to evaluate the evidence of creditworthiness submitted by such XXXX SSO Supplier or Guarantor. The Companies may re-evaluate the creditworthiness of the XXXX an SSO Supplier or Guarantor from time to time, including whenever they become aware of an adverse change in such XXXX SSO Supplier’s or Guarantor’s credit standing. In addition, the XXXX SSO Supplier may petition the Companies to re-evaluate its creditworthiness whenever an event occurs that the XXXX SSO Supplier reasonably believes would improve the determination made by the Companies of its or its Guarantor’s creditworthiness. The Companies’ credit re- re-evaluation must be completed as soon as practicable, but in no event longer than thirty (30) days after receiving a fully documented request. The Companies shall provide the rationale for their determination of the credit limit and any resulting security requirement and such determination shall be deemed final and conclusive. The Companies shall perform their credit re-evaluation and associated security calculation in a non-discriminatory manner. The XXXX Each SSO Supplier or its Guarantor shall provide unrestricted access to its audited financial statements; however, if audited financial statements are not available, the Companies may specify other types of financial statements that will be accepted. If the Companies determine in their sole discretion that they are unable to adequately assess the XXXX an SSO Supplier’s or Guarantor’s creditworthiness or the credit rating of the XXXX an SSO Supplier or its Guarantor is insufficient, such XXXX SSO Supplier shall be required to post ICR Collateral in accordance with Section 6.4 and Margin Collateral in accordance with Section 6.76.5.

Creditworthiness Determination. The Companies will determine the creditworthiness of the XXXX Supplier or its Guarantor, if applicable, whether organized under the laws of the United States or organized under the laws of a foreign jurisdiction, based on its most recent senior unsecured debt rating (or, if unavailable, its corporate issuer rating). The Companies will have full discretion, without liability or recourse to such XXXX Supplier or its Guarantor, if applicable, to evaluate the evidence of creditworthiness submitted by such XXXX Supplier or Guarantor. The Companies may re-evaluate the creditworthiness of the XXXX Supplier or Guarantor from time to time, including whenever they become aware of an adverse change in such XXXX Supplier’s or Guarantor’s credit standing. In addition, the XXXX Supplier may petition the Companies to re-evaluate its creditworthiness whenever an event occurs that the XXXX Supplier reasonably believes would improve the determination made by the Companies of its or its Guarantor’s creditworthiness. The Companies’ credit re- re-evaluation must be completed as soon as practicable, but in no event longer than thirty (30) days after receiving a fully documented request. The Companies shall provide the rationale for their determination of the credit limit and any resulting security requirement and such determination shall be deemed final and conclusive. The Companies shall perform their credit re-evaluation and associated security calculation in a non-discriminatory manner. The XXXX Supplier or its Guarantor shall provide unrestricted access to its audited financial statements; however, if audited financial statements are not available, the Companies may specify other types of financial statements that will be accepted. If the Companies determine in their sole discretion that they are unable to adequately assess the XXXX Supplier’s or Guarantor’s creditworthiness or the credit rating of the XXXX Supplier or its Guarantor is insufficient, such XXXX Supplier shall be required to post ICR Collateral in accordance with Section 6.4 and Margin Collateral in accordance with Section 6.7.

Creditworthiness Determination. The Companies will determine the creditworthiness of the XXXX an SSO Supplier or its Guarantor, if applicable, whether organized under the laws of the United States or organized under the laws of a foreign jurisdiction, based on its most recent senior unsecured debt rating (or, if unavailable, its corporate issuer rating). The Companies will have full discretion, without liability or recourse to such XXXX SSO Supplier or its Guarantor, if applicable, to evaluate the evidence of creditworthiness submitted by such XXXX SSO Supplier or Guarantor. The Companies may re-evaluate the creditworthiness of the XXXX an SSO Supplier or Guarantor from time to time, including whenever they become aware of an adverse change in such XXXX SSO Supplier’s or Guarantor’s credit standing. In addition, the XXXX SSO Supplier may petition the Companies to re-evaluate its creditworthiness whenever an event occurs that the XXXX SSO Supplier reasonably believes would improve the determination made by the Companies of its or its Guarantor’s creditworthiness. The Companies’ credit re- re-evaluation must be completed as soon as practicable, but in no event longer than thirty (30) days after receiving a fully documented request. The Companies shall provide the rationale for their determination of the credit limit and any resulting security requirement and such determination shall be deemed final and conclusive. The Companies shall perform their credit re-evaluation and associated security calculation in a non-discriminatory manner. The XXXX Each SSO Supplier or its Guarantor shall provide unrestricted access to its audited financial statements; however, if audited financial statements are not available, the Companies may specify other types of financial statements that will be accepted. If the Companies determine in their sole discretion that they are unable to adequately assess the XXXX an SSO Supplier’s or Guarantor’s creditworthiness or the credit rating of the XXXX an SSO Supplier or its Guarantor is insufficient, such XXXX SSO Supplier shall be required to post ICR Collateral in accordance with Section 6.4 and Margin Collateral in accordance with Section 6.76.57.

Creditworthiness Determination. The Companies will determine the creditworthiness of the XXXX an SSO Supplier or its Guarantor, if applicable, whether organized under the laws of the United States or organized under the laws of a foreign jurisdiction, based on its most recent senior unsecured debt rating (or, if unavailable, its corporate issuer rating). The Companies will have full discretion, without liability or recourse to such XXXX SSO Supplier or its Guarantor, if applicable, to evaluate the evidence of creditworthiness submitted by such XXXX SSO Supplier or Guarantor. The Companies may re-evaluate the creditworthiness of the XXXX an SSO Supplier or Guarantor from time to time, including whenever they become aware of an adverse change in such XXXX SSO Supplier’s or Guarantor’s credit standing. In addition, the XXXX SSO Supplier may petition the Companies to re-evaluate its creditworthiness whenever an event occurs that the XXXX SSO Supplier reasonably believes would improve the determination made by the Companies of its or its Guarantor’s creditworthiness. The Companies’ credit re- re-evaluation must be completed as soon as practicable, but in no event longer than thirty (30) days after receiving a fully documented request. The Companies shall provide the rationale for their determination of the credit limit and any resulting security requirement requirement, and such determination shall be deemed final and conclusive. The Companies shall perform their credit re-evaluation and associated security calculation in a non-discriminatory manner. The XXXX Each SSO Supplier or its Guarantor shall provide unrestricted access to its audited financial statements; however, if audited financial statements are not available, the Companies may specify other types of financial statements that will be accepted. If the Companies determine in their sole discretion that they are unable to adequately assess the XXXX an SSO Supplier’s or Guarantor’s creditworthiness or the credit rating of the XXXX an SSO Supplier or its Guarantor is insufficient, such XXXX SSO Supplier shall be required to post ICR Collateral in accordance with Section 6.4 and Margin Collateral in accordance with Section 6.76.5.

Creditworthiness Determination. The Companies DP&L will determine the creditworthiness of the XXXX Supplier or its Guarantor, if applicable, whether organized under the laws of the United States or organized under the laws of a foreign jurisdiction, based on its most recent senior unsecured debt rating (or, if unavailable, its corporate issuer rating). The Companies DP&L will have full discretion, without liability or recourse to such XXXX Supplier or its Guarantor, if applicable, to evaluate the evidence of creditworthiness submitted by such XXXX Supplier or Guarantor. The Companies DP&L may re-evaluate the creditworthiness of the XXXX Supplier or Guarantor from time to time, including whenever they become aware of an adverse change in such XXXX Supplier’s or Guarantor’s credit standing. In addition, the XXXX Supplier may petition the Companies DP&L to re-re- evaluate its creditworthiness whenever an event occurs that the XXXX Supplier reasonably believes would improve the determination made by the Companies DP&L of its or its Guarantor’s creditworthiness. The Companies’ DP&L’s credit re- re-evaluation must be completed as soon as practicable, but in no event longer than thirty (30) days after receiving a fully documented request. The Companies DP&L shall provide the rationale for their determination of the credit limit and any resulting security requirement and such determination shall be deemed final and conclusive. The Companies DP&L shall perform their credit re-evaluation and associated security calculation in a non-discriminatory manner. The XXXX Supplier or its Guarantor shall provide unrestricted access to its audited financial statements; however, if audited financial statements are not available, the Companies DP&L may specify other types of financial statements that will be accepted. If the Companies determine DP&L determines in their sole discretion that they are unable to adequately assess the XXXX Supplier’s or Guarantor’s creditworthiness or the credit rating of the XXXX Supplier or its Guarantor is insufficient, such XXXX Supplier shall be required to post ICR Collateral in accordance with Section 6.4 and Margin Collateral in accordance with Section 6.7.

Creditworthiness Determination. The Companies Dayton Power and Light Company will determine the creditworthiness of the XXXX an SSO Supplier or its Guarantor, if applicable, whether organized under the laws of the United States or organized under the laws of a foreign jurisdiction, based on its most recent senior unsecured debt corporate or issuer credit rating (or, if unavailable, its corporate issuer rating)and assessment of financial statements and creditworthiness. The Companies Dayton Power and Light Company will have full discretion, without liability or recourse to such XXXX SSO Supplier or its Guarantor, if applicable, to evaluate the evidence of creditworthiness submitted by such XXXX SSO Supplier or Guarantor. The Companies Dayton Power and Light Company may re-evaluate the creditworthiness of the XXXX an SSO Supplier or Guarantor from time to time, including whenever they become aware of an adverse change in such XXXX SSO Supplier’s or Guarantor’s credit standing. In addition, the XXXX SSO Supplier may petition the Companies The Dayton Power and Light Company to re-evaluate its creditworthiness whenever an event occurs that the XXXX SSO Supplier reasonably believes would improve the determination made by the Companies The Dayton Power and Light Company of its or its Guarantor’s creditworthiness. The Companies’ Dayton Power and Light Company’s credit re- re-evaluation must be completed as soon as practicable, but in no event longer than thirty (30) days after receiving a fully documented request. The Companies Dayton Power and Light Company shall provide the rationale for their its determination of the credit limit Credit Limit and any resulting security requirement and such determination shall be deemed final and conclusive. The Companies Dayton Power and Light Company shall perform their its credit re-evaluation and associated security calculation in a non-discriminatory manner. The XXXX Each SSO Supplier or its Guarantor shall provide unrestricted access to its audited financial statements; however, if audited financial statements are not available, the Companies The Dayton Power and Light Company may specify other types of financial statements that will be accepted. If the Companies determine The Dayton Power and Light Company determines in their its sole discretion that they are it is unable to adequately assess the XXXX an SSO Supplier’s or Guarantor’s creditworthiness or the credit rating of the XXXX an SSO Supplier or its Guarantor is insufficient, such XXXX SSO Supplier shall be required to post ICR Collateral in accordance with Section 6.4 and Margin Collateral in accordance with Section 6.7.

Creditworthiness Determination. The Companies ‌ DP&L will determine the creditworthiness of the XXXX Supplier or its Guarantor, if applicable, whether organized under the laws of the United States or organized under the laws of a foreign jurisdiction, based on its most recent senior unsecured debt rating (or, if unavailable, its corporate issuer rating). The Companies DP&L will have full discretion, without liability or recourse to such XXXX Supplier or its Guarantor, if applicable, to evaluate the evidence of creditworthiness submitted by such XXXX Supplier or Guarantor. The Companies DP&L may re-evaluate the creditworthiness of the XXXX Supplier or Guarantor from time to time, including whenever they become aware of an adverse change in such XXXX Supplier’s or Guarantor’s credit standing. In addition, the XXXX Supplier may petition the Companies DP&L to re-evaluate its creditworthiness whenever an event occurs that the XXXX Supplier reasonably believes would improve the determination made by the Companies DP&L of its or its Guarantor’s creditworthiness. The Companies’ DP&L’s credit re- re-evaluation must be completed as soon as practicable, but in no event longer than thirty (30) days after receiving a fully documented request. The Companies DP&L shall provide the rationale for their determination of the credit limit and any resulting security requirement and such determination shall be deemed final and conclusive. The Companies DP&L shall perform their credit re-evaluation and associated security calculation in a non-non- discriminatory manner. The XXXX Supplier or its Guarantor shall provide unrestricted access to its audited financial statements; however, if audited financial statements are not available, the Companies DP&L may specify other types of financial statements that will be accepted. If the Companies determine DP&L determines in their sole discretion that they are unable to adequately assess the XXXX Supplier’s or Guarantor’s creditworthiness or the credit rating of the XXXX Supplier or its Guarantor is insufficient, such XXXX Supplier shall be required to post ICR Collateral in accordance with Section 6.4 and Margin Collateral in accordance with Section 6.7.