Common use of Posting Margin Collateral and Return of Excess Collateral Clause in Contracts

Posting Margin Collateral and Return of Excess Collateral. If at any time and from time to time during the Delivery Period, Margin exists with respect to the XXXX Supplier, then Duke Energy Ohio on any Business Day may make a Margin Call of the XXXX Supplier; provided however that Duke Energy Ohio may not make a Margin Call unless the Margin exceeds the Minimum Margin Threshold. Upon receipt of a Margin Call, the XXXX Supplier shall provide to Duke Energy Ohio Margin Collateral, which shall comprise of cash or a Letter of Credit. The Margin Collateral shall be in the amount equal to the Margin less the amount of any Margin Collateral already posted by the XXXX Supplier in which Duke Energy Ohio has a first priority, perfected security interest to secure the obligations of the XXXX Supplier under this Agreement and any Other XXXX Supply Agreement. For the avoidance of doubt, any ICR Collateral posted pursuant to Section 5.4 shall not constitute Margin Collateral. If the XXXX Supplier receives a Margin Call from Duke Energy Ohio by 1:00 p.m. prevailing Eastern Time on a Business Day, then the XXXX Supplier shall post Margin Collateral the following Business Day if posting cash and the second Business Day following the Margin Call if posting a Letter of Credit, unless in each case Duke Energy Ohio agrees in writing to extend the period to provide Margin Collateral. If the XXXX Supplier receives a Margin Call after 1:00

Posting Margin Collateral and Return of Excess Collateral. ‌ If at any time and from time to time during the Delivery Period, Margin exists with respect to the XXXX Supplier, then Duke Energy Ohio DP&L on any Business Day may make a Margin Call of the such XXXX Supplier; provided however that Duke Energy Ohio DP&L may not make a Margin Call unless the Margin exceeds the Minimum Margin Threshold. Upon receipt of a Margin Call, the applicable XXXX Supplier shall provide to Duke Energy Ohio DP&L Margin Collateral, which shall comprise of cash or a Letter of Credit. The Margin Collateral shall be in the an amount equal to the Margin less the amount of any Margin Collateral already posted by the XXXX Supplier in which Duke Energy Ohio DP&L has a first priority, perfected security interest to secure the obligations of the XXXX Supplier under this Agreement and any Other XXXX Supply Agreement. For the avoidance of doubt, any ICR Collateral posted pursuant to Section 5.4 shall not constitute Margin Collateral. If the XXXX Supplier receives a Margin Call from Duke Energy Ohio DP&L by 1:00 p.m. prevailing Eastern Time on a Business Day, then the such XXXX Supplier shall post Margin Collateral the following Business Day if posting cash and the second Business Day following the Margin Call if posting a Letter of Credit, unless in each case Duke Energy Ohio DP&L agrees in writing to extend the period to provide Margin Collateral. If the XXXX Supplier receives a Margin Call after 1:00