Posting of Collateral Sample Clauses

Posting of Collateral. If Party A or any guarantor under a Qualified Guaranty is assigned Limited Qualifying Ratings or Disqualifying Ratings by a Rating Agency, then, within, with respect to:
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Posting of Collateral. From and after the Effective Date, post directly or indirectly any collateral with respect to any power, gas or other commodity purchases of sales or any hedging transactions with any Person other than (a) collateral postings for transactions outstanding on the Effective Date which, as of the Effective Date, are under obligation to be returned to the Reliant Retail Obligors, (b) in accordance with Section 2.07 and Section 6.11(c)(iv)(I) and (c) during the Transition Period and the Unwind Period, in connection with power, gas or other commodity purchases of sales or any hedging transactions entered into in accordance with Section 2.01(b) and, in which event, only with Available Funds.
Sample 1
Posting of Collateral. At any time and from time to time, upon the request of the Borrower, the Lender may approve the pledge of additional property partnerships, equity interests in MTEs related to additional property partnerships, construction loans, or any other type of collateral proposed by the Borrower, subject to the approval of MRC Investment Committee (“Lender’s Credit Committee”) in its sole and absolute discretion, as additional Collateral securing the Obligations hereunder. Upon the approval of Lender’s Credit Committee, in its sole discretion, of one or more additional property partnerships, equity interests, construction loans or additional collateral as Collateral securing the Obligations, such additional collateral shall be deemed a Property Partnership, Corporate Property Partnership or Additional Collateral hereunder, as agreed to by Lender and Borrower, and the Borrower, MTE and/or Guarantor, as the case may be, shall execute an equity pledge agreement or pledge and security agreement in the form substantially similar to the Pledge Agreements. Schedule B attached hereto and listing the Property Partnerships shall automatically and without further actions of either party be amended to include such additional property partnerships as Collateral.
Sample 1
Posting of Collateral. From and after the Effective Date, post directly or indirectly any collateral with respect to any power, gas or other commodity purchases of sales or any hedging transactions with any Person other than (a) in accordance with Section 2.07 and (b) during the Transition Period and the Unwind Period, in connection with power, gas or other commodity purchases of sales or any hedging transactions entered into in accordance with Section 2.01(b) and, in which event, only with Available Funds.
Sample 1
Posting of Collateral. If Party A or its guarantor under a Qualified Guaranty has Limited Qualifying Ratings or Disqualifying Ratings assigned by a Rating Agency, then, during the period commencing no later than the earlier of (1) thirty (30) Local Business Days thereafter with respect to Moody's ratings; or (2) ten (10) Business Days thereafter with respect to S&P ratings; or (3) thirty (30) calendar days thereafter with respect to Fitch ratings (or, in each case, if such ratings exist from the time Party A becomes a party hereto or the guarantor under a Qualified Guaranty becomes such guarantor, from such time), and for so long as such Limited Qualifying Ratings or Disqualifying Ratings continue, Party A shall, at its own expense, post collateral in accordance with the Credit Support Annex, unless, prior to the commencement of such time period, Party A either, in each case subject to the S&P Rating Condition, (x) novates, assigns or transfers the Transactions to or replaces the Transactions with Replacement Transactions with a Qualified Transferee; or (y) obtains a Qualified Guaranty.
Sample 1
Posting of Collateral. (a) Upon the occurrence of the eighth DCL Guaranty Payment Failure, DCL shall post to the Collateral Posting Account, for the benefit of the FSA Parties, Eligible Collateral in the amount of $10 million (such posting, the “Collateral Posting”). The Collateral Posting shall be required to be made by DCL within the Cure Period following such eighth DCL Guaranty Payment Failure. For each DCL Guaranty Payment Failure occurring after the Collateral Posting, DCL shall post to the Collateral Posting Account, for the benefit of the FSA Parties, Eligible Collateral in an amount sufficient to cause the amount on deposit in the Collateral Posting Account (other than amounts deposited pursuant to Section 5.1(b)) to equal $10 million. (b) DCL Collateral credited to the Collateral Posting Account pursuant to this Article V may be withdrawn only by the related FSA Party, only to satisfy a DCL Guaranty Payment Failure under the FSA Global DCL Guarantees, and DCL shall be required to deposit into the Collateral Posting Account an amount equal to any amounts so withdrawn, together with interest thereon calculated using the Late Rate, not later than the 5th Business Day following notice to DCL of such withdrawal, until the Collateral Posting is released under Section 5.3(c). (c) Any DCL Collateral credited to the Collateral Posting Account shall be returned to DCL and the security interests granted to the FSA Parties in such DCL Collateral will terminate (i) at such time as there has been no DCL Guaranty Payment Failure for a period of 12 consecutive months; provided, that no DCL Default shall have occurred and be continuing as of the end of such period, or (ii) if sooner, the date on which all FSA MTN Business Policies have been paid in full or terminated. (d) Other than with respect to the deposit of DCL Collateral into the Blocked Accounts as described in this Agreement, neither DCL nor any of its Affiliates shall be required to collateralize for any exposure of the FSA Parties or their Affiliates in relation to liabilities of the Medium-Term Note Business. (e) Other than as described in Article IV with respect to DCL’s obligation to issue Claims Reserves LOCs under the circumstances described therein, neither DCL nor any of its Affiliates shall be required to be responsible for any costs of capital for any exposure of the FSA Parties or their Affiliates in relation to liabilities of the Medium-Term Note Business.
Sample 1
Posting of Collateral. To protect either Party against potential default of payment or performance, a Party experiencing a MAC (a “MAC Party”) shall post Collateral with the other Party (the “Secured Party”) in an amount equal to the highest three (3) Months of Seller’s xxxxxxxx under this Agreement for the previous twelve (12) Months (the “Collateral Amount”); provided, if such billing amount is not determinable, then the Collateral Amount shall be determined utilizing the highest three (3) Months of Santee Cooper’s xxxxxxxx under the CIA. Such Collateral shall be posted on the Commencement Date or within three (3) Business Days following date on which a MAC Notice is provided, as applicable. The Collateral may be in the form of: (a) A letter of credit from an Issuer, in a form reasonably acceptable to a Secured Party (“Letter(s) of Credit”). Such Letter(s) of Credit must be for a minimum term of three hundred sixty (360) Days. The MAC Party shall give the Secured Party at least twenty (20) Days prior written notice prior to any expiration or earlier termination of the Letter(s)
Sample 1
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Posting of Collateral. Post directly or indirectly any collateral with respect to any power, gas or other commodity purchases or sales or any hedging transactions with any Person other than (a) collateral postings for transactions outstanding on the Third A&R Date which, as of the Third A&R Date, are under obligation to be returned to the Reliant Retail Obligors, (b) the Sleeve Provider, and (c) during an Unwind Period, in connection with power, ancillary services, transmission, distribution, gas, REC or other commodity purchases or sales, ERCOT requirements or any hedging transactions entered into in accordance with Section 2.01(b) and, in which event, only with funds available pursuant to Section 6.11(c)(xi).
Sample 1
Posting of Collateral. If Party A or any guarantor under a Qualified Guaranty is assigned Limited Qualifying Ratings or Disqualifying Ratings by a Rating Agency, then, within, with respect to: (1) XXXXX'X: thirty (30) Local Business Days (2) S&P: ten (10) Local Business Days (3) FITCH: thirty (30) calendar days thereafter (or if such ratings exist from the time Party A becomes a party hereto or the guarantor under a Qualified Guaranty becomes such guarantor, from such time), and for so long as such Limited Qualifying Ratings or Disqualifying Ratings continue, Party A shall, at its own expense, post collateral in accordance with the Credit Support Annex.
Sample 1

Related to Posting of Collateral

  • Location of Collateral All tangible items of Collateral, other than Inventory in transit, shall at all times be kept by Borrowers at the business locations set forth in Schedule 8.6.1, except that Borrowers may (a) make sales or other dispositions of Collateral in accordance with Section 10.2.6; and (b) move Collateral to another location in the United States, upon 30 Business Days prior written notice to Agent.

  • Types of Collateral None of the Collateral consists of, or is the Proceeds of, As-Extracted Collateral, Consumer Goods, Farm Products, Manufactured Homes or standing timber.

  • Loss of Collateral There occurs any uninsured loss to any material portion of the Collateral; or

  • Removal of Collateral Grantor shall keep the Collateral (or to the extent the Collateral consists of intangible property such as accounts, the records concerning the Collateral) at Grantor's address shown above, or at such other locations as are acceptable to Lender. Except in the ordinary course of its business, including the sales of inventory, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender. To the extent that the Collateral consists of vehicles, or other titled property, Grantor shall not take or permit any action which would require application for certificates of title for the vehicles outside the State of California, without the prior written consent of Lender.

  • Transfer of Collateral 3.1 On or prior to the receipt of the Loaned Securities, Borrower shall transfer to Lender Collateral in an amount (the “Required Value”) equal to the percentage (the “Margin Percentage”) of the market value of the Loaned Securities as agreed to by the parties (which shall not be less than 100% of the market value of the Loaned Securities) and shall be equal to the percentage specified in Annex I hereto for particular types of loans. 3.2 All transfers of Collateral consisting of securities (including those made pursuant to Section 8) shall be effected in the same manner as that provided in Section 2 for Loaned Securities. All transfers of Collateral consisting of cash (including those made pursuant to Section 8) shall be made by (a) wire transfer in immediately available, freely transferable funds or (b) such other means as the parties hereto may agree. All transfers of Collateral consisting of a letter of credit from Borrower to Lender shall be made by delivery to Lender of an irrevocable performance letter of credit issued by a bank (not affiliated with Borrower) which is acceptable to Lender and is insured by the Federal Deposit Insurance Corporation or is a foreign bank that has filed an agreement with the Board of Governors of the Federal Reserve System on Form FR T-2 (or any successor). Transfer of a letter of credit from Lender to Borrower shall be made by causing such letter of credit to be returned or, through the written consent of Lender, causing the amount of such letter of credit to be reduced to the amount required after such transfer. 3.3 The Collateral transferred by Borrower to Lender, as adjusted pursuant to Section 8, shall be security for Borrower’s obligations in respect of such Loan and for any other obligations of Borrower to Lender, and Borrower hereby pledges with, assigns to, and grants Lender a continuing security interest in, and a lien upon, the Collateral (other than letters of credit), which shall attach upon the delivery of the Collateral to Lender and which shall cease upon the redelivery of the Collateral to Borrower. 3.4 Lender may use or invest the Collateral, if such consists of cash, at its own risk and for its own benefit and shall be entitled to retain all income and profits therefrom and shall bear all losses with respect thereto. If the Collateral consists of securities, Lender may pledge, repledge, hypothecate, rehypothecate, lend, relend, sell or otherwise transfer the Collateral and commingle, with other collateral or with its own assets, the Collateral. Borrower irrevocably appoints Lender to be the attorney-in-fact of Borrower for the purpose of doing or performing any act or thing (including, without limitation, executing any document) and to take all other steps as may be required to enable Lender to effect transfer thereof to a third party or to otherwise realize upon any Collateral which has been transferred to it pursuant to any Loan. 3.5 Except as provided in Section 12, Lender shall be obligated to return the Collateral to Borrower upon tender to Lender of the Loaned Securities on termination of the Loan. 3.6 If, on any Business Day corresponding to the commencement date for a Loan, Borrower transfers the Collateral and Lender does not transfer the Loaned Securities, Borrower shall have the absolute right to the immediate return of the Collateral; and if, on any such Business Day, Lender transfers Loaned Securities and Borrower does not transfer Collateral hereunder, Lender shall have the absolute right to the immediate return of the Loaned Securities. 3.7 Borrower may, upon reasonable notice to Lender and with Lender’s consent (which shall not be unreasonably withheld), substitute Collateral for Collateral securing any Loan; provided, however, that such substituted Collateral shall (a) consist only of cash, securities or other property that the parties agreed would be acceptable Collateral prior to the commencement of the Loan or Loans and (b) have a market value such that the aggregate market value of such substituted Collateral shall equal or exceed the agreed upon Margin Percentage of the market value of the Loaned Securities. Substituted Collateral shall constitute Collateral hereunder for all purposes. 3.8 A transfer of Loaned Securities or Collateral may be effected on any day except (i) a day on which the intended transferee is closed for business (which transferee may be a designee or agent) or (ii) a day on which a Clearing Organization or wire transfer system is closed, if the facilities of such Clearing Organization or wire transfer system are required to effect such transfer. (a) Except as provided in the following sentence, upon receipt of Collateral for a Loan, such Collateral shall be allocated to such Loan; provided that if Collateral is received on the same day for more than one Loan, the Lender shall allocate such Collateral to each Loan then being made so that each such Loan is secured by not less than the Required Value of Collateral. Any Collateral received by Lender with respect to a Loan in excess of the Required Value for such Loan may be held by Lender as collateral security for all Loans made to Borrower at any time without being allocated to any one Loan or, in the sole discretion of Lender, may be allocated at any time to any Loan or Loans then outstanding hereunder. All allocations of Collateral shall be marked in Lender’s books, which shall be conclusive evidence of such allocations. (b) Lender shall have the right, at its sole election, at any time and from time to time, to allocate and/or reallocate any Collateral held by it hereunder to or among any outstanding Loan or Loans. (c) It is expressly understood and agreed by the parties hereto that any allocation of Collateral to any Loan or liabilities due to any Account pursuant to the terms hereof shall in no way affect the ability of Lender to apply such Collateral to the satisfaction of any obligation of Borrower hereunder upon any default hereunder, regardless of the Loan or Account to which such obligation relates, and that all Collateral at any time given hereunder shall constitute collateral security for all the Borrower’s obligations to Lender hereunder without distinction of any kind and upon any default hereunder may be applied to any such obligation or obligations as Lender in its sole discretion may elect.

  • Application of Collateral The proceeds of any sale, or other realization (other than that received from a sale or other realization permitted by the Credit Agreement) upon all or any part of the Pledged Collateral pledged by the Pledgors shall be applied by the Secured Party as set forth in Section 7.06 of the Credit Agreement.

  • Locations of Collateral (a) Properties Owned by the Grantor: (b) Properties Leased by the Grantor or other related entity (Include Landlord’s Name): (c) Public Warehouses or other Locations pursuant to Bailment or Consignment Arrangements (include name of Warehouse Operator or other Bailee or Consignee):

  • Valuation of Collateral Securities Intermediary shall provide view only access to its systems to Secured Party for the purpose of communicating data as to the Reserve Account as of that date.

  • Release of Collateral Subject to Section 11.01 and the terms of the Basic Documents, the Indenture Trustee shall release property from the lien of this Indenture only upon receipt by it of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) or an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates.

  • Return of Collateral The Collateral shall be returned to Borrower at the termination of the Loan upon the return of the Loaned Securities by Borrower to State Street in accordance with the applicable Securities Loan Agreement.

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