Common use of Party A Credit Protection Clause in Contracts

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 Xxxxx’x or if Party B is not rated by either S&P or Xxxxx’x [] 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 Xxxxx’x or if Party A is not rated by either S&P or Xxxxx’x [] Other: Specify: (e) Guarantor for Party A: [Add if applicable] Guarantee Amount: [If applicable: As specified in the Guaranty.] 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, inapplicable Other Changes Specify, if any: See below

Appears in 2 contracts

Samples: Confirmation Agreement, Confirmation Agreement

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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 Xxxxx’x or if Party B is not rated by either S&P or Xxxxx’x [] 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 Xxxxx’x or if Party A is not rated by either S&P or Xxxxx’x [] Other: Specify: (e) Guarantor for Party A: [Add A:[Add if applicable] Guarantee Amount: [If applicable: As specified in the Guaranty.] 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, inapplicable Other Changes Specify, if any: See below

Appears in 2 contracts

Samples: Confirmation Agreement, Confirmation Agreement

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 Xxxxx’x Moody’s or if Party B is not rated by either S&P or Xxxxx’x 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 Xxxxx’x Moody’s or if Party A is not rated by either S&P or Xxxxx’x Moody’s [] Other: Specify: (e) Guarantor for Party A: [Add if applicable] Guarantee Amount: [If applicable: As specified in the Guaranty.] 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, inapplicable Other Changes Specify, if any: See below

Appears in 2 contracts

Samples: Confirmation Agreement, Confirmation Agreement

Party A Credit Protection. Credit and Collateral Requirements Requirements (a) Financial Information: [x] Option A [] Option B Specify: [X] Option C Specify: Following reasonable written demand, Party B shall deliver (i) when available, a copy of its audited consolidated financial statements for such fiscal year and (ii) when available, a copy of its or its Guarantor’s quarterly report; if such requested document is not available on the World Wide Web at xxx.xxxxxxx.xx, xxx.xxxxx.xxx or any successor or applicable website. In all cases the statements shall be for the most recent accounting period and prepared in accordance with generally accepted accounting principles (“GAAP”) or, when implemented in Canada, international financial reporting standards (“IFRS”). (b) Credit Assurances: [x] Not Applicable [x] Applicable Applicable (c) Collateral Threshold: [x] Not Applicable [x] Applicable If applicable, complete the following: Party B Collateral Threshold: $ N/AThe amount set forth below opposite the classification that is one classification higher than that applicable to the lowest Credit Rating of Party B; provided, however, that Party B’s Collateral Threshold shall be zero Zero if an Event of Default or Potential Event of Default with respect to Party B has occurred and is continuing. S & P Credit Rating Xxxxx’x Credit Rating DBRS Credit Rating Collateral Threshold AA and above Aa2 and above AA and above $25,000,000 AA- Aa3 AA Low $22,500,000 A+ A1 A (high) $15,000,000 A A2 A $12,500,000 A- A3 A (low) $10,000,000 BBB+ Baa1 BBB (high) $7,500,000 BBB Baa2 BBB $5,000,000 BBB- Baa3 BBB (low) $2,500,000 BB+ and below Ba1 and below BB (high) and below Zero Party B Independent Amount: $N/A Party B Rounding Amount: USD $N/A 10,000 (d) Downgrade Event: [x] Not Applicable [x] Applicable If applicable, complete the following: [x] It shall be a Downgrade Event for Party B if Party B’s Credit Rating falls below __________ BBB- from S&P or __________ S&P, Baa3 from Xxxxx’x or BBB (Low) from DBRS or if Party B is not rated by either S&P at least one of S&P, Xxxxx’x or Xxxxx’x DBRS. [] 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 Xxxxx’x or if Party A is not rated by either S&P or Xxxxx’x [] Other: Specify: (e) Guarantor for Party A: [Add if applicable] Guarantee Amount: [If applicable: As specified in the Guaranty.] 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, inapplicable Other Changes Specify, if any: See below

Appears in 1 contract

Samples: Energy Access Agreement

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Party A Credit Protection. Credit and Collateral Requirements (a) Financial Information: [xX] Option A [] Option B Specify: [] Option C Specify: (b) Credit Assurances: [xX] Not Applicable [] Applicable (c) Collateral Threshold: [xX] 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 [X] Applicable If applicable, complete the following: [X] It shall be a Downgrade Event for Party B if Party B’s Credit Rating falls below __________ BBB- or lower from S&P or __________ below Baa3 or lower from Xxxxx’x Moody’s or if Party B is not rated by either S&P or Xxxxx’x Moody’s. [] Other: Specify: (e) Guarantor for Party B:: N/A Guarantee Amount: N/A 8.2 Party B Credit Protection: (a) Financial Information: [X] Option A [x] Option B Specify: Party A or, if applicable, Party A’s Guarantor. [] Option C Specify: N/A (b) Credit Assurances: [xX] Not Applicable [] Applicable (c) Collateral Threshold: [X] 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. Applicable Party A Independent Amount: $ Party A Rounding Amount: $___________ (d) Downgrade Event: [x] Not Applicable [X] Applicable If applicable, complete the following: [X] It shall be a Downgrade Event for Party A if Party A’s A Credit Rating falls below __________ BBB- or lower from S&P or __________ below Baa3 or lower from Xxxxx’x Moody’s or if Party A is not rated by either S&P or Xxxxx’x Moody’s. [] Other: Specify: (e) Guarantor for Party A: [Add if applicable] N/A Guarantee Amount: [If applicable: As specified in the Guaranty.] N/A Confidentiality [xX] Confidentiality Applicable If not checked, inapplicable. Schedule M [X] Party A is a Governmental Entity or Public Power System [] Party B is a Governmental Entity or Public Power System [X] Add Section 3.6. If not checked, inapplicable [] Add Section 8.68.4. If not checked, inapplicable Other Changes Specify, if any: See additional provisions set forth below.

Appears in 1 contract

Samples: Master Power Purchase and Sale Agreement

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