Common use of Creditworthiness Requirements Clause in Contracts

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s). The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall apply.

Appears in 8 contracts

Samples: Standard Transmission Agreement, Standard Transmission Agreement, Standard Transmission Agreement

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Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Total Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s)Capacity Fee. The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract at any time request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall applyprovisions.

Appears in 3 contracts

Samples: Transmission Agreement, Transmission Agreement, Standard Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s). The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Dayscompliance, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall apply.

Appears in 3 contracts

Samples: Standard Transmission Agreement, Transmission Agreement, Standard Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s). The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract at any time request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, force TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Dayscompliance, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall apply.

Appears in 1 contract

Samples: Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this G rid UserN Agreement, the Network G rid UserN etwork User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network Grid U serNetwork User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The G rid User Network User must demonstrate annually at the latest each 1st of January that the G rid User Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Total Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the G Fee. rid User Network User’s Total Monthly Fee(s). Capacity The G rid User Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the G rid User Network User U ser shall have to provide a collateral in accordance with Article 14.2 of this attachment if the G rid User Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract at any time request the Network G rid UserN etwork User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall applyprovisions.

Appears in 1 contract

Samples: Standard Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Moody’s Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s). The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall apply.

Appears in 1 contract

Samples: Standard Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Total Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s)Capacity Fee. The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, force TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Dayscompliance, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall apply.

Appears in 1 contract

Samples: Standard Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network Grid User’s due performance of this Agreement, the Network Grid User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network Grid User’s long term unsecured and non-non credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network Grid User must demonstrate annually at the latest each 1st of January that the Network Grid User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Total Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network Grid User’s Total Monthly Fee(s)FIX Invoices. The Network Grid User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network Grid User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network Grid User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract at any time request the Network Grid User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall applyprovisions.

Appears in 1 contract

Samples: Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network Grid User’s due performance of this Agreement, the Network Grid User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network Grid User’s long term unsecured and non-non credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network Grid User must demonstrate annually at the latest each 1st of January that the Network Grid User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Total Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network Grid User’s Total Monthly Fee(s)Fee FIX Invoices. The Network Grid User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network Grid User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network Grid User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract at any time request the Network Grid User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall applyprovisions.

Appears in 1 contract

Samples: Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s). The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract at any time request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall applyprovisions.

Appears in 1 contract

Samples: Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’sXxxxx’x. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s). The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall apply.

Appears in 1 contract

Samples: Standard Transmission Agreement

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Creditworthiness Requirements. 14.1.1 In order to secure the Network Grid User’s due performance of this Agreement, the Network Grid User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network Grid User’s long term unsecured and non-non credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’sXxxxx’x. The Network Grid User must demonstrate annually at the latest each 1st of January that the Network Grid User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Total Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network Grid User’s Total Monthly Fee(s)FIX Invoices. The Network Grid User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network Grid User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network Grid User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract at any time request the Network Grid User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall applyprovisions.

Appears in 1 contract

Samples: Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s). The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, force TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Dayscompliance, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall apply.

Appears in 1 contract

Samples: Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s). The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXXCREG. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall apply.

Appears in 1 contract

Samples: Standard Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network Grid User’s due performance of this Agreement, the Network Grid User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network Grid User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network Grid User must demonstrate annually at the latest each 1st of January that the Network Grid User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Total Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network Grid User’s Total Monthly Fee(s)FIX InvoicesCapacity Fee. The Network Grid User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network Grid User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network Grid User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract at any time request the Network Grid User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall applyprovisions.

Appears in 1 contract

Samples: Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this Agreement, the Network User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network User’s long term unsecured and non-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The Network User must demonstrate annually at the latest each 1st of January that the Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Total Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly Fee(s)Capacity Fee. The Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the Network User shall have to provide a collateral in accordance with Article 14.2 of this attachment if the Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract at any time request the Network User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, force TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance compliancye with the Creditworthiness provisions p rovisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Dayscompliance, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall apply.

Appears in 1 contract

Samples: Standard Transmission Agreement

Creditworthiness Requirements. 14.1.1 In order to secure the Network User’s due performance of this G rid UserN Agreement, the Network G rid UserN etwork User shall: (i) either submit a collateral in the form of a Bank Guarantee or in the form of a cash deposit in accordance with Article 14.2; or, (ii) at the latest five (5) Business Days before the Services Start Date: a. have a credit rating which corresponds to a rating, for the Network Grid U serNetwork User’s long term unsecured and nonn on creditn on-credit enhanced debt obligations, of not less than BBB+ by Standard & Poor’s Rating Services or Fitch Ratings or not less than Baa1 by Xxxxx’x Investor Services; or b. provide an unconditional and irrevocable parent company guarantee of its Parent Company, which has an credit rating not lower than BBB+ by Standard & Poor’s or Fitch rating, or not lower than Baa1 by Moody’s. The G rid User Network User must demonstrate annually at the latest each 1st of January that the G rid User Network User or its Parent Company still meets the requirements of an acceptable credit rating; or, (iii) for whom the average Monthly Capacity Fee (estimated for the following twelve (12) Months) exceeds seven hundred and fifty thousand (750 000) EUR, have, at the latest five (5) Business Days before the Services Start Date an equity base of at least sixty (60) times the anticipated amount of the Network User’s Total Monthly G Fee(s). rid UserN The G rid User Network User must demonstrate annually at the latest each 1st of January that it still has a sufficient equity base. 14.1.2 Notwithstanding Article 14.1.1. of this attachment, the G rid User Network User U ser shall have to provide a collateral in accordance with Article 14.2 of this attachment if the G rid User Network User has made a payment with a delay after the Due Date of more than: (i) twenty (20) Business Days once in the past twelve (12) Months; or, (ii) ten (10) Business Days twice in the past twelve (12) Months; 14.1.3 The TSO may before the signature of the relevant contract at any time request the Network G rid UserN etwork User to demonstrate that it is complying with the Creditworthiness provisions as well as to comply with the "Know Your Customer" requirements established by the TSO in consultation with the XXXX. Once the Agreement has duly entered into force, TSO may assess at any time the compliance of the Network User with the "Know Your Customer" requirements and may request the Network User to demonstrate its compliance with the Creditworthiness provisions and “Know Your Customer” requirements. In case the Network User fails to demonstrate compliance within twenty (20) Business Days, the Services shall be suspended automatically and as of right by the TSO, and Article 16.2.2 of this attachment shall applyprovisions.

Appears in 1 contract

Samples: Transmission Agreement

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