Common use of Creditworthiness Determination Clause in Contracts

Creditworthiness Determination. The BGS-FP Supplier may submit and maintain a security deposit in lieu of submitting to or being qualified under a creditworthiness evaluation. The BGS-FP Supplier shall have the opportunity to petition the Companies to re-evaluate its creditworthiness whenever an event occurs that the BGS-FP Supplier believes would improve the determination made by the Companies of its creditworthiness. The Companies’ credit re-evaluation must be completed as soon as possible but no later than thirty (30) days after receiving a fully documented request. The Companies must provide the rationale for their determination of the Credit Limit and any resulting security requirement. The Companies must perform their credit re-evaluation and associated security calculation in a non-discriminatory manner. The BGS-FP Supplier shall provide unrestricted access to audited financial statements of the BGS-FP Supplier or the Guarantor, as the case may be, if such audited financial statements are not available on XXXXX at xxxx://xxx.xxx.xxx/xxxxx.xxxxx; provided, however, that if audited financial statements are not available, the Companies may accept other types of financial statements. In the event that the BGS-FP Supplier relies upon a Guarantor, the creditworthiness determination provided for by this section shall apply to the Guarantor.

Appears in 3 contracts

Samples: Guaranty (Dynegy Inc /Il/), Forward Contract (Dynegy Inc /Il/), Forward Contract

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Creditworthiness Determination. The BGS-FP LRTP Supplier may submit and maintain a security deposit in lieu of submitting to or being qualified under a creditworthiness evaluation. The BGS-FP LRTP Supplier shall have the opportunity to petition the Companies to re-evaluate its creditworthiness whenever an event occurs that the BGS-FP LRTP Supplier believes would improve the determination made by the Companies of its creditworthiness. The Companies’ credit re-evaluation must be completed as soon as possible but no later than thirty (30) days after receiving a fully documented request. The Companies must provide the rationale for their determination of the Credit Limit and any resulting security requirement. The Companies must perform their credit re-evaluation and associated security calculation in a non-discriminatory manner. The BGS-FP LRTP Supplier shall provide unrestricted access to audited financial statements of the BGS-FP LRTP Supplier or the Guarantor, as the case may be, if such audited financial statements are not available on XXXXX at xxxx://xxx.xxx.xxx/xxxxx.xxxxx; provided, however, that if audited financial statements are not available, the Companies may accept other types of financial statements. In the event that the BGS-FP LRTP Supplier relies upon a Guarantor, the creditworthiness determination provided for by this section shall apply to the Guarantor.

Appears in 2 contracts

Samples: Forward Contract, Forward Contract

Creditworthiness Determination. The BGS-FP LFP Supplier may submit and maintain a security deposit in lieu of submitting to or being qualified under a creditworthiness evaluation. The BGS-FP LFP Supplier shall have the opportunity to petition the Companies to re-evaluate its creditworthiness whenever an event occurs that the BGS-FP LFP Supplier believes would improve the determination made by the Companies of its creditworthiness. The Companies’ credit re-evaluation must be completed as soon as possible but no later than thirty (30) days after receiving a fully documented request. The Companies must provide the rationale for their determination of the Credit Limit and any resulting security requirement. The Companies must perform their credit re-evaluation and associated security calculation in a non-discriminatory manner. The BGS-FP LFP Supplier shall provide unrestricted access to audited financial statements of the BGS-FP LFP Supplier or the Guarantor, as the case may be, if such audited financial statements are not available on XXXXX at xxxx://xxx.xxx.xxx/xxxxx.xxxxx; provided, however, that if audited financial statements are not available, the Companies may accept other types of financial statements. In the event that the BGS-FP LFP Supplier relies upon a Guarantor, the creditworthiness determination provided for by this section shall apply to the Guarantor.

Appears in 2 contracts

Samples: Forward Contract, Forward Contract

Creditworthiness Determination. The BGSCPP-FP B Supplier may submit and maintain a security deposit in lieu of submitting to or being qualified under a creditworthiness evaluation. The BGSCPP-FP B Supplier shall have the opportunity to petition the Companies Company to re-evaluate its creditworthiness whenever an event occurs that the BGSCPP-FP B Supplier believes would improve the determination made by the Companies Company of its creditworthiness. The Companies’ Company’s credit re-evaluation must be completed as soon as possible but no later than thirty (30) days after receiving a fully documented request. The Companies Company must provide the rationale for their its determination of the Credit Limit and any resulting security requirement. The Companies Company must perform their its credit re-evaluation and associated security calculation in a non-discriminatory manner. The BGSCPP-FP B Supplier shall provide unrestricted access to audited financial statements of the BGS-FP Supplier or the Guarantor, as the case may be, if such audited financial statements are not available on XXXXX at xxxx://xxx.xxx.xxx/xxxxx.xxxxx; provided, however, that if audited financial statements are not available, the Companies Company may accept other types of financial statements. In the event that the BGSCPP-FP B Supplier relies upon a Guarantor, the creditworthiness determination provided for by this section shall apply to the Guarantor.

Appears in 1 contract

Samples: Forward Contract

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Creditworthiness Determination. The BGS-FP Supplier may submit and maintain a security deposit in lieu of submitting to or being qualified under a creditworthiness evaluation. The BGS-FP Supplier shall have the opportunity to petition the Companies CompaniesCompany to re-evaluate its creditworthiness whenever an event occurs that the BGS-FP Supplier believes would improve the determination made by the Companies CompaniesCompany of its creditworthiness. The Companies’ Companies’Company’s credit re-evaluation must be completed as soon as possible but no later than thirty (30) days after receiving a fully documented request. The Companies CompaniesCompany must provide the rationale for their theirits determination of the Credit Limit and any resulting security requirement. The Companies CompaniesCompany must perform their theirits credit re-evaluation and associated security calculation in a non-discriminatory manner. The BGS-FP Supplier shall provide unrestricted access to audited financial statements of the BGS-FP Supplier or the Guarantor, as the case may be, if such audited financial statements are not available on XXXXX at xxxx://xxx.xxx.xxx/xxxxx.xxxxx; provided, however, that if audited financial statements are not available, the Companies CompaniesCompany may accept other types of financial statements. In the event that the BGS-FP Supplier relies upon a Guarantor, the creditworthiness determination provided for by this section shall apply to the Guarantor.

Appears in 1 contract

Samples: Forward Contract

Creditworthiness Determination. The BGS-FP Supplier may submit and maintain a security deposit in accordance with Sections E.ARTICLE 4: 6.4 and E.ARTICLE 6: 6.6 in lieu of submitting to or being qualified under a creditworthiness evaluation. The BGS-FP Supplier shall have the opportunity to petition the Companies to re-evaluate its creditworthiness whenever an event occurs that the BGS-FP Supplier believes would improve the determination made by the Companies of its creditworthiness. The Companies’ credit re-evaluation must be completed as soon as possible but no later than thirty (30) days after receiving a fully documented request. The Companies must provide the rationale for their itstheir determination of the Credit Limit and any resulting security requirement. The Companies must perform their credit re-evaluation and associated security calculation in a non-discriminatory manner. The BGS-FP Supplier shall provide unrestricted access to audited financial statements of the BGS-FP Supplier or the Guarantor, as the case may be, if such audited financial statements are not available on XXXXX at xxxx://xxx.xxx.xxx/xxxxx.xxxxxstatements; provided, however, that if audited financial statements are not available, the Companies may accept other types of financial statements. In As set forth in Section E.ARTICLE 4: , if aIn the event that the BGS-FP Supplier relies chooses to rely onrelies upon a Guarantor, the creditworthiness determination evaluation will be conducted ondetermination provided for by this section shall apply to the Guarantor.

Appears in 1 contract

Samples: Supplier Forward Contract

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