First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP Security, Development Security, Performance Security, any other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7, 8.8 and 8.9 and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of Buyer, and Seller agrees to take all action as Buyer reasonably requires in order to perfect Buyer’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence and continuation of an Event of Default caused by Seller, an Early Termination Date resulting from an Event of Default caused by Seller, or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the CP Security, Development Security or Performance Security, Buyer may do any one or more of the following (in each case subject to the final sentence of this Section 8.10):
Appears in 2 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP Security, Development SecuritySecurity (if applicable), Performance SecurityAssurance, any other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7, 8.8 2 and 8.9 4 of this Exhibit D and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of Buyer, and Seller agrees to take all such action as Buyer reasonably requires in order to perfect Buyer’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of, and during the continuation of of, an Event of Default caused by Seller, Seller or an Early Termination Date resulting from an Event of Default caused by Seller, or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the CP Security, Development Security or Performance Security, Buyer may do any one or more of the following (in each case subject to the final sentence of this Section 8.10):following:
Appears in 2 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP Security, Development SecuritySecurity (if applicable), Performance SecurityAssurance, any other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7, 8.8 2 and 8.9 4 of this Exhibit D and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of BuyerXxxxx, and Seller Xxxxxx agrees to take all such action as Buyer reasonably requires in order to perfect Buyer’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of, and during the continuation of of, an Event of Default caused by Seller, Seller or an Early Termination Date resulting from an Event of Default caused by Seller, or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the CP Security, Development Security or Performance Security, Buyer may do any one or more of the following (in each case subject to the final sentence of this Section 8.10):following:
Appears in 2 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer SCE a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP Security, Development Security, Performance SecurityAssurance, any other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7, 8.8 3.06 and 8.9 8.02 and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of BuyerSCE, and Seller agrees to take all action as Buyer SCE reasonably requires in order to perfect BuyerSCE’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of, and during the continuation of of, an Event of Default caused by Seller, an Early Termination Date resulting from an Event of Default caused by Seller, or an occasion provided for in this Agreement where Buyer SCE is authorized to retain all or a portion of the CP Development Security, Development Security or Performance Security, Buyer SCE may do any one or more of the following (in each case subject to the final sentence of this Section 8.10):following:
Appears in 2 contracts
Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement
First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer a present and continuing first-first priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP SecurityCollateral Requirement, Development SecurityCollateral Requirement, Performance Security, any and other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7, 8.8 and 8.9 8.7 and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of Buyer, and Seller agrees to take all action as Buyer reasonably requires in order to perfect Buyer’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence and continuation of an Event of Default caused by Seller, an Early Termination Date resulting from an Event of Default caused by Seller, or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the CP Security, Development Security or Performance SecurityCollateral Requirement, Buyer may do any one or more of the following (in each case subject to the final sentence of this Section 8.108.8):
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP Security, Development SecuritySecurity (if applicable), Performance SecurityAssurance, any other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7, 8.8 2 and 8.9 4 of this Exhibit D and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of Buyer, and Seller agrees to take all such action as Buyer reasonably requires in order to perfect Buyer’s Security ID# [Number], [Seller’s Name] Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of, and during the continuation of of, an Event of Default caused by Seller, Seller or an Early Termination Date resulting from an Event of Default caused by Seller, or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the CP Security, Development Security or Performance Security, Buyer may do any one or more of the following (in each case subject to the final sentence of this Section 8.10):following:
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer SCE a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP Security, Development Security, the Performance SecurityAssurance, any other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7, 8.8 3.04 and 8.9 8.02 and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of BuyerSCE, and Seller agrees to take all such action as Buyer SCE reasonably requires in order to perfect BuyerSCE’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of, and during the continuation of of, an Event of Default caused by Seller, Seller or an Early Termination Date resulting from an Event of Default caused attributable to a failure to perform by Seller, or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the CP Security, Development Security or Performance Security, Buyer SCE may do any one or more of the following (in each case subject to the final sentence of this Section 8.10):following:
Appears in 1 contract
First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer SCE a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP Security, Development Security, Performance SecurityAssurance, any other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7, 8.8 3.04 and 8.9 8.02 and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of BuyerSCE, and Seller agrees to take all action as Buyer SCE reasonably requires in order to perfect BuyerSCE’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of, and during the continuation of of, an Event of Default caused by Seller, an Early Termination Date resulting from an Event of Default caused by Seller, or an occasion provided for in this Agreement where Buyer SCE is authorized to retain all or a portion of the CP Development Security, Development Security or Performance Security, Buyer SCE may do any one or more of the following (in each case subject to the final sentence of this Section 8.10):following:
Appears in 1 contract
First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer SCE a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP SecurityDevelopment Security and Performance Assurance, Development Security, Performance Security, and any cash or other cash collateral and cash equivalent collateral posted proceeds of any of the foregoing including pursuant to Sections 8.7, 8.8 and 8.9 a draw on a Letter of Credit and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of BuyerSCE, and Seller agrees to take all such action as Buyer SCE reasonably requires in order to perfect BuyerSCE’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of, and during the continuation of of, an Event of Default caused by Seller, Seller or an Early Termination Date resulting from an Event of Default caused by Seller, Seller or an occasion provided for in this Agreement where Buyer SCE is authorized to retain all or a portion of the CP Security, Development Security or Performance Securitypursuant to Section 3.04, Buyer SCE may do any one or more of the following (in each case subject to the final sentence of this Section 8.10):following:
Appears in 1 contract
First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP Security, Development SecuritySecurity (if applicable), Performance SecurityAssurance, any other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7, 8.8 2 and 8.9 4 of this Exhibit F and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of Buyer, and Seller agrees to take all such action as Buyer reasonably requires in order to perfect Buyer’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of, and during the continuation of of, an Event of Default caused by Seller, Seller or an Early Termination Date resulting from an Event of Default caused by Seller, or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the CP Security, Development Security or Performance Security, Buyer may do any one or more of the following (in each case subject to the final sentence of this Section 8.10):following:
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
First Priority Security Interest in Cash or Cash Equivalent Collateral. To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the CP Security, Development SecuritySecurity (if applicable), Performance SecurityAssurance, any other cash collateral and cash equivalent collateral posted pursuant to Sections 8.7, 8.8 2 and 8.9 4 of this Exhibit D and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of BuyerXxxxx, and Seller Xxxxxx agrees to take all such action as Buyer reasonably requires in order to perfect Buyer’s Security ID# [Number], [Seller’s Name] Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of, and during the continuation of of, an Event of Default caused by Seller, Seller or an Early Termination Date resulting from an Event of Default caused by Seller, or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the CP Security, Development Security or Performance Security, Buyer may do any one or more of the following (in each case subject to the final sentence of this Section 8.10):following:
Appears in 1 contract
Samples: Power Purchase and Sale Agreement