Common use of Delivery of Performance Assurance Clause in Contracts

Delivery of Performance Assurance. Paragraph 4 is replaced in its entirety, as follows: “On any Calculation Date on which (a) no Event of Default or Potential Event of Default has occurred and is continuing with respect to the Secured Party, (b) no Early Termination Date has occurred or been designated as a result of an Event of Default with respect to the Secured Party for which there exist any unsatisfied payment Obligations, and (c) the Pledging Party’s Collateral Requirement equals or exceeds its Minimum Transfer Amount, after first rounding up to the nearest integer multiple of the Rounding amount, then the Secured Party may demand that the Pledging Party Transfer to the Secured Party, and the Pledging Party shall, after receiving such notice from the Secured Party, Transfer, or cause to be Transferred to the Secured Party, Performance Assurance for the benefit of the Secured Party, having a Collateral Value at least equal to the Pledging Party’s Collateral Requirement. Unless otherwise agreed in writing by the Parties, (i) Performance Assurance (other than Cash) demanded of a Pledging Party on or before the Notification Time on a Local Business Day shall be provided by the close of business on the next Local Business Day thereafter, (ii) Performance Assurance (other than Cash) demanded of a Pledging Party after the Notification Time on a Local Business Day shall be provided by the close of business on the second Local Business Day thereafter, (iii) Performance Assurance that is Cash demanded of a Pledging Party on or before the Notification Time on a Local Business Day shall be provided by the close of business on the next Local Business Day, and (iv) Performance Assurance that is Cash demanded of a Pledging Party after the Notification Time on a Local Business Day shall be provided by the close of business on the second Local Business Day thereafter. Any Letter of Credit or other type of Performance Assurance (other than Cash) shall be Transferred to such address as the Secured Party shall specify and any such demand made by the Secured Party pursuant to this Paragraph 4 shall specify account information for the account to which Performance Assurance in the form of Cash shall be Transferred.”

Delivery of Performance Assurance. Paragraph 4 is replaced in its entiretyentirety with the following: (a) On the Calculation Date that is the Execution Date, the Pledging Party shall Transfer, or cause to be Transferred to the Secured Party, Performance Assurance for the benefit of the Secured Party, having a Collateral Value at least equal to the Pledging Party’s Collateral Requirement. Unless otherwise agreed in writing by the Parties, such Performance Assurance shall be provided by the close of business on the Execution Date. Any Letter of Credit or other type of Performance Assurance shall be Transferred to such account (in the case of Performance Assurance consisting of cash) or such address (in the case of Performance Assurance consisting of other than cash) as follows: “specified by the Secured Party in the Cover Sheet to the Agreement. (b) On any other Calculation Date (excluding the Execution Date) on which (a1) no Event of Default or Potential Event of Default has occurred and is continuing with respect to the Secured Party, (b2) no Early Termination Date has occurred or been designated as a result of an Event of Default with respect to the Secured Party for which there exist any unsatisfied payment Obligations, and (c3) the Pledging Party’s Collateral Requirement equals or exceeds its Minimum Transfer Amount, after first rounding up to the nearest integer multiple of the Rounding amount, then the Secured Party may demand that the Pledging Party Transfer to the Secured Party, and the Pledging Party shall, after receiving such notice from the Secured Party, Transfer, or cause to be Transferred to the Secured Party, Performance Assurance for the benefit of the Secured Party, having a Collateral Value at least equal to the Pledging Party’s Collateral Requirement. Unless otherwise agreed in writing by the Parties, (i) Performance Assurance (other than Cashif cash) demanded of a Pledging Party on or before the Notification Time on a Local Business Day shall be provided by the close of business on the next Local Business Day thereafter, Day; (ii) Performance Assurance (other than Cashif cash) demanded of a Pledging Party after the Notification Time on a Local Business Day shall be provided by the close of business on the second Local Business Day thereafter, ; (iii) Performance Assurance that is Cash (other than cash) demanded of a Pledging Party on or before the Notification Time on a Local Business Day shall be provided by the close of business on the next Local Business Day, and (iv) Performance Assurance that is Cash demanded of a Pledging Party after the Notification Time on a Local Business Day shall be provided by the close of business on the second Local Business Day thereafter; (iv) Performance Assurance (other than cash) demanded of a Pledging Party after the Notification Time on a Business Day shall be provided by the close of business on the third Business Day thereafter. Any Letter of Credit or other type of Performance Assurance (other than Cash) shall be Transferred to such address as the Secured Party shall specify and any such demand made by the Secured Party pursuant to this Paragraph 4 4(b) shall specify account information for the account to which Performance Assurance in the form of Cash shall be Transferred.”

Delivery of Performance Assurance. Paragraph 4 is replaced in its entiretyentirety with the following, as follows: “On any Calculation Date on which (a) no Event of Default or Potential Event of Default has occurred and is continuing with respect to the Secured Party, (b) no Early Termination Date has occurred or been designated as a result of an Event of Default with respect to the Secured Party for which there exist any unsatisfied payment Obligations, and (c) the Pledging Party’s Collateral Requirement equals or exceeds its Minimum Transfer Amount, after first rounding up to the nearest integer multiple of the Rounding amount, then the Secured Party may demand that the Pledging Party Transfer to the Secured Party, and the Pledging Party shall, after receiving such notice from the Secured Party, Transfer, or cause to be Transferred to the Secured Party, Performance Assurance for the benefit of the Secured Party, having a Collateral Value at least equal to the Pledging Party’s Collateral Requirement. Unless otherwise agreed in writing by the Parties, (i) Performance Assurance (other than Cash) demanded of a Pledging Party on or before the Notification Time on a Local Business Day shall be provided by the close of business on the next Local Business Day thereafter, (ii) Performance Assurance (other than Cash) demanded of a Pledging Party after the Notification Time on a Local Business Day shall be provided by the close of business on the second Local Business Day thereafter, (iii) Performance Assurance that is Cash demanded of a Pledging Party on or before the Notification Time on a Local Business Day shall be provided by the close of business on the next Local Business Day, and (iv) Performance Assurance that is Cash demanded of a Pledging Party after the Notification Time on a Local Business Day shall be provided by the close of business on the second Local Business Day thereafter. Any Letter of Credit or other type of Performance Assurance (other than Cash) shall be Transferred to such address as the Secured Party shall specify and any such demand made by the Secured Party pursuant to this Paragraph 4 shall specify account information for the account to which Performance Assurance in the form of Cash shall be Transferred.”

Delivery of Performance Assurance. Paragraph 4 is replaced in its entirety, as follows: “On any Calculation Date on which (a) no Event of Default or Potential Event of Default has occurred and is continuing with respect to the Secured Party, (b) no Early Termination Date has occurred or been designated as a result of an Event of Default with respect to the Secured Party for which there exist any unsatisfied payment Obligations, and (c) the Pledging Party’s 's Collateral Requirement equals or exceeds its Minimum Transfer Amount, after first rounding up to the nearest integer multiple of the Rounding amount, then the Secured Party may demand that the Pledging Party Transfer to the Secured Party, and the Pledging Party shall, after receiving such notice from the Secured Party, Transfer, or cause to be Transferred to the Secured Party, Performance Assurance for the benefit of the Secured Party, having a Collateral Value at least equal to the Pledging Party’s 's Collateral Requirement. The amount of Performance Assurance required to be Transferred hereunder shall be rounded up to the nearest integral multiple of the Rounding Amount. Unless otherwise agreed in writing by the Parties, (i) Performance Assurance (other than Cash) demanded of a Pledging Party on or before the Notification Time on a Local Business Day Gas Sale and Purchase Contract (December 1, 2004) shall be provided by the close of business on the next Local Business Day thereafter, and (ii) Performance Assurance (other than Cash) demanded of a Pledging Party after the Notification Time on a Local Business Day shall be provided by the close of business on the second Local Business Day thereafter, (iii) Performance Assurance that is Cash demanded of a Pledging Party on or before the Notification Time on a Local Business Day shall be provided by the close of business on the next Local Business Day, and (iv) Performance Assurance that is Cash demanded of a Pledging Party after the Notification Time on a Local Business Day shall be provided by the close of business on the second Local Business Day thereafter. Any Letter of Credit or other type of Performance Assurance (other than Cash) shall be Transferred to such address as the Secured Party shall specify and any such demand made by the Secured Party pursuant to this Paragraph 4 CSA shall specify account information for the account to which Performance Assurance in the form of Cash shall be Transferred. Failure by the Pledging Party to comply with the provisions of this Section 2.3 shall constitute an Event of Default pursuant to Section 11 of the Contract.”