Eligibility to Hold Posted Collateral. Custodians. Party B (or its Custodian) will be entitled to hold Posted Collateral pursuant to Paragraph 6(b), provided that the following conditions applicable to it are satisfied:
Eligibility to Hold Posted Collateral. Custodians. Counterparty and its Custodian will be entitled to hold Posted Collateral pursuant to Paragraph 6(b); provided that the following conditions applicable to it are satisfied:
Eligibility to Hold Posted Collateral. Custodians. Party B (or any Custodian) will be entitled to hold Posted Collateral pursuant to Paragraph 6(b) so long as Party B (or any Custodian) is a financial institution located in the United States having total assets of at least $250,000,000 and (i) a short term unsecured and unsubordinated debt or counterparty rating of “Prime-1” from Xxxxx’x and (ii) a short-term unsecured and unsubordinated debt rating from S&P of “A-1” or, if such entity does not have a short-term unsecured and unsubordinated debt rating from S&P, a long-term unsecured and unsubordinated debt rating from S&P of “A+”. In the event that Party B (or any Custodian) no longer satisfies the credit ratings of S&P set forth in clause (ii) above, Party B shall cause any Posted Collateral to be moved to another financial institution satisfying such credit ratings in clause (ii) above within 60 calendar days. Initially, the Custodian for Party B is: The Bank of New York.
Eligibility to Hold Posted Collateral. Party A shall hold all Posted Collateral with [The Bank of New York Mellon] in the Counterparty Collateral Account (as defined in the Series MSA Supplement, dated [—], between Equinox Trust, as Trust, Equinox Group Distributors, LLC, as Depositor, Equinox Institutional Asset Management, LP, as Evaluator and Supervisor, and The Bank of New York Mellon, as Custodian, Transfer Agent and Administrator (the “Series MSA Supplement”)). Party B shall hold all Posted Collateral with The Bank of New York Mellon in the Trust Collateral Account (as such term is defined in the Series MSA Supplement)
Eligibility to Hold Posted Collateral. Custodians. Party B (or any Custodian) will be entitled to hold Posted Collateral pursuant to Paragraph 6(b). Party B may appoint as Custodian (A) the entity then serving as Supplemental Interest Trustee or (B) any entity other than the entity then serving as Supplemental Interest Trustee if such other entity (or, to the extent applicable, its parent company or credit support provider) shall then have a short-term unsecured and unsubordinated debt rating from S&P of at least "A-1." Initially, the Custodian for Party B is: The Supplemental Interest Trust Trustee.
Eligibility to Hold Posted Collateral. (i) The Xxxxxxx Parties will be entitled to hold Posted Collateral; provided, that at anytime upon the occurrence and during the continuance of an ML Credit Event and/or a sleeve Provider Event of Default, then upon a demand made by NRG, the Xxxxxxx Parties shall transfer within three Business Days of such demand all Posted Collateral (free and clear of any and all Liens except for the Liens of the Xxxxxxx Parties) held by them to an Acceptable Collateral Agent; provided further that in all cases, the Xxxxxxx Parties shall have the right to withdraw deposits held by any such collateral agent to apply or offset such amounts against any Xxxxxxx Collateral required to be posted to any Counterparty or other beneficiary of Xxxxxxx Collateral. The Xxxxxxx Parties will cooperate in good faith with NRG and use commercially reasonably efforts to promptly enter into a standby custody agreement and such other customary documentation as may be necessary to establish a custody account with an Acceptable Collateral Agent as contemplated by this clause (i).
Eligibility to Hold Posted Collateral. Notwithstanding anything to the contrary in Paragraph 6(b) of this Annex, any Posted Collateral shall be held by the Custodian in the Collateral Account (as hereinafter defined). For the purposes hereof, the Custodian shall be: [___], [___], or a trust company or a bank or depository institution organized under the laws of the United States or any State or any United States branch or agency of a foreign bank or depository institution that (i) is not affiliated with Party A, (ii) is subject to supervision and examination by federal or State banking authorities, (iii) has a short-term deposit rating of “[F1+]” from [Fitch], if rated by [Fitch], and “[A-1+]” from [S&P], if rated by [S&P], 13 (iv) if the institution holds any Series Bank Accounts (as defined in the [Loan Agreement][Indenture]), has a long-term unsecured debt rating or issuer rating of at least “[A]” from [Fitch], if rated by [Fitch], and at least “[A]” from [S&P], if rated by [S&P], (v) is a financial institution located in the United States having total assets of at least $10,000,000,000, and (vi) if the institution is organized under the laws of the United States, has deposits that are insured by the Federal Deposit Insurance Corporation. In the event that the Custodian no longer satisfies the criteria set forth in clauses (i) through (vi) above, Party A and Party B shall use their reasonable best efforts to cause any Posted Collateral to be moved to another financial institution satisfying the conditions of clauses (i) through (vi) above within 60 calendar days.
Eligibility to Hold Posted Collateral. Custodians. Party B (or any Custodian) will be entitled to hold Posted Collateral pursuant to Paragraph 6(b). Party B may appoint as Custodian (A) the entity then serving as Trustee or (B) a commercial bank or trust company organized under the laws of the United States or any state thereof, having assets of at least $10 Billion and a long term debt or a deposit rating of at least (i) Baa2 from Moody's and (ii) BBB from S&P and a short-term unsecurex xxx xnsubordinated debt rating from S&P of at least "A-1." Initially, the Custodian for Party B is: the Trustee.
Eligibility to Hold Posted Collateral. Notwithstanding anything to the contrary in Paragraph 6(b) of this Annex, any Posted Collateral shall be held by the Custodian in the Collateral Account (as hereinafter defined). For the purposes hereof, the Custodian shall be: [___], [___], or a trust company or a bank or depository institution organized under the laws of the United States or any State or any United States branch or agency of a foreign bank or depository institution that (i) is not affiliated with Party A, (ii) is subject to supervision and examination by federal or State banking authorities, (iii) has a short-term deposit rating of “[F1+]” from [Fitch], if rated by [Fitch], and “[A-1+]” from [S&P], if rated by [S&P],
Eligibility to Hold Posted Collateral. Custodians. Party B (or any Custodian) will be entitled to hold Posted Collateral pursuant to Paragraph 6(b). Party B may appoint as Custodian a bank or trust company located in the United States having total assets of at least $250,000,000 and a short term unsecured debt or counterparty rating of "Prime-1" from Moody's and "A-1" from Standard & Poor's. Initially, the Custodian for Party B is: The Bank of New York.
