Party A Credit Protection. Credit and Collateral Requirements (a) Financial Information: [x] Option A [] Option B Specify: [] Option C Specify: (b) Credit Assurances: [x] Not Applicable [] Applicable (c) Collateral Threshold: [x] Not Applicable [] Applicable If applicable, complete the following: Party B Collateral Threshold: $ N/A; provided, however, that Party B’s Collateral Threshold shall be zero if an Event of Default or Potential Event of Default with respect to Party B has occurred and is continuing. Party B Independent Amount: $N/A Party B Rounding Amount: $N/A
Party A Credit Protection. Credit and Collateral Requirements (a) Financial Information: [x] Option A [] Option B Specify: [] Option C Specify:
Party A Credit Protection. Credit and Collateral Requirements (a) Financial Information: [x] Option A [] Option B Specify: [] Option C Specify: (b) Credit Assurances: [x] Not Applicable [] Applicable (c) Collateral Threshold: [x] Not Applicable [] Applicable If applicable, complete the following: Party B Collateral Threshold: $ N/A; provided, however, that Party B’s Collateral Threshold shall be zero if an Event of Default or Potential Event of Default with respect to Party B has occurred and is continuing. Party B Independent Amount: $N/A Party B Rounding Amount: $N/A (d) Downgrade Event: [x] Not Applicable [] Applicable If applicable, complete the following: [] It shall be a Downgrade Event for Party B if Party B’s Credit Rating falls below from S&P or from Moody’s or if Party B is not rated by either S&P or Moody’s [] Other: Specify:
Party A Credit Protection. Credit and Collateral Requirements (a) Financial Information: □ Option A □ Option B Specify: ■ Option C Specify: Annual audit, annual budget and all financial information sent to any seller under a power purchase agreement; Party B shall use reasonable commercial efforts to periodically prepare and make available to all sellers under power sales agreements, but not more frequently than quarterly, financial information reasonably intended to apprise all such sellers of the financial condition of the Fund.
Party A Credit Protection. Credit and Collateral Requirements (a) Financial Information: [x] Option A [] Option B Specify: [] Option C Specify: (b) Credit Assurances: [x] Not Applicable [] Applicable (c) Collateral Threshold: [x] Not Applicable [] Applicable If applicable, complete the following: Party B Collateral Threshold: $ N/A; provided, however, that Party B’s Collateral Threshold shall be zero if an Event of Default or Potential Event of Default with respect to Party B has occurred and is continuing. Party B Independent Amount: $N/A Party B Rounding Amount: $N/A (d) Downgrade Event: [x] Not Applicable [] Applicable If applicable, complete the following: [] It shall be a Downgrade Event for Party B if Party B’s Credit Rating falls below __________ from S&P or __________ from Moody’s or if Party B is not rated by either S&P or Moody’s [] Other: Specify: (e) Guarantor for Party B: N/A Guarantee Amount: N/A 8.2 Party B Credit Protection: (a) Financial Information: [] Option A [x] Option B Specify: Party A or, if applicable, Party A’s Guarantor. [] Option C Specify: N/A (b) Credit Assurances: [x] Not Applicable [] Applicable (c) Collateral Threshold: [] Not Applicable [] Applicable: [x] The provisions of Section 8.2(c) are hereby replaced by the provisions of the Collateral Annex (attached as Exhibit D) along with the Paragraph 10 to the Collateral Annex elections and the amendments to the Collateral Annex included in this Confirmation Agreement below. If applicable, complete the following: Party A Collateral Threshold: $ __________; provided, however, that Party A’s Collateral Threshold shall be zero if an Event of Default or Potential Event of Default with respect to Party A has occurred and is continuing. Party A Independent Amount: $ Party A Rounding Amount: $___________ (d) Downgrade Event: [x] Not Applicable [] Applicable If applicable, complete the following: [] It shall be a Downgrade Event for Party A if Party A’s Credit Rating falls below __________ from S&P or __________ from Moody’s or if Party A is not rated by either S&P or Moody’s [] Other: Specify: (e) Guarantor for Party A: [Add if applicable] Guarantee Amount: [If applicable: As specified in the Guaranty.] Article 10 Confidentiality [x] Confidentiality Applicable If not checked, inapplicable. Schedule M [] Party A is a Governmental Entity or Public Power System [] Party B is a Governmental Entity or Public Power System [] Add Section 3.6. If not checked, inapplicable [] Add Section 8.6. If not checked, inapplicab...
Party A Credit Protection. Credit and Collateral Requirements
Party A Credit Protection. The applicable credit and collateral requirements shall be as specified on the Cover Sheet. If no option in Section 8.1(a) is specified on the Cover Sheet, Section 8.l(a) Option C shall apply exclusively. If none of Sections 8.1(b), 8.1(c) or 8.1(d) are specified on the Cover Sheet, Section 8.1(b) shall apply exclusively.
Party A Credit Protection. Credit and Collateral Requirements (a) Financial Information: Option A Option B Specify: Option C Specify: (b) Credit Assurances: Not Applicable Applicable (c) Collateral Threshold: Not Applicable Applicable If applicable, complete the following: N/A (d) Downgrade Event: Not Applicable Applicable If applicable, complete the following: N/A (e) Guarantor for Party B: Guarantee Amount: 8.2 Party B Credit Protection: (a) Financial Information: Option A Option B Specify: Option C Specify: (b) Credit Assurances: Not Applicable Applicable (c) Collateral Threshold: Not Applicable Applicable (d) Downgrade Event: Not Applicable Applicable If applicable, complete the following: N/A (e) Guarantor for Party A: Guarantee Amount:
Party A Credit Protection. (a) If at any time and from time to time during the term of this Agreement (and whether or not an Event of Default has occurred), the Termination Payment that would be owed to Party A exceeds the Party B Collateral Threshold, then Party A, on any Business Day, may request that Party B provide Performance Assurance in an amount equal to the amount by which the Termination Payment exceeds the Party B Collateral Threshold (rounding upwards for any fractional amount to the next Party B Rounding Amount) less any Performance Assurance already posted with Party A. Such Performance Assurance shall be delivered to Party A within ten (10) Business Days after the date of such request. On any Business Day (but no more frequently than weekly with respect to Letters of Credit and daily with respect to cash), Party B, at its sole cost, may request that such Performance Assurance be reduced to the extent that the amount of Performance Assurance posted by Party B exceeds the Termination Payment (rounding upwards for any fractional amount to the next Party B Rounding Amount) that would be owed to Party A. In the event that Party B fails to provide Performance Assurance pursuant hereto within ten (10) Business Days, an Event of Default will be deemed to have occurred.
