Replacement Credit Support. 17.3.1 If, at any time after 1 March 2024, the Guarantor is not an Acceptable Guarantor, the User shall within ten (10) Business Days: (a) if another Affiliate of the User is an Acceptable Guarantor, cause a replacement guarantee (the “Replacement Guarantee”) in substantially the form set out in Schedule 6 (Form of Parent Company Guarantee) and reasonably acceptable to the Operator, to be issued by such Acceptable Guarantor in favour of the Operator and, upon the Replacement Guarantee becoming effective, the original Parent Company Guarantee (or existing Replacement Guarantee) shall terminate; or (b) if no Affiliate of the User is an Acceptable Guarantor, issue or cause to be issued in favour of the Operator a Letter of Credit (the “Additional LC”) in substantially the form set out in Schedule 5 (Form of Letter of Credit) and in an amount of six million Euros (€6,000,000) from an Acceptable Financial Institution, and the existing Parent Company Guarantee (or existing Replacement Guarantee) shall remain in full force and effect. 17.3.2 If, at any time after 1 March 2024, the issuer of any Base LC or Additional LC is not an Acceptable Financial Institution, the User shall within ten (10) Business Days, issue or cause to be issued in favour of the Operator a Letter of Credit (the “Replacement LC”) in substantially the form set out in Schedule 5 (Form of Letter of Credit) and in the full amount required pursuant to Clause 17.2.1 from an Acceptable Financial Institution, and upon the Replacement LC becoming effective, the Operator shall return the original Base LC to the User for cancellation. 17.3.3 If, at any time after 1 March 2024, the issuer of any Replacement LC is not an Acceptable Financial Institution, the User shall within ten (10) Business Days, issue or cause to be issued in favour of the Operator a further Replacement LC in substantially the form set out in Schedule 5 (Form of Letter of Credit) and in the full amount required pursuant to Clause 17.2.1 from an Acceptable Financial Institution, and upon such Replacement LC becoming effective, the Operator shall return the original Replacement LC to the User for cancellation. 17.3.4 Any Parent Company Guarantee, Replacement Guarantee, Base LC, Additional LC and Replacement LC shall remain in full force and effect from the time of issue until the expiry of the Term of this Agreement, save as otherwise provided under this Clause 17.3 or under the terms of the Parent Company Guarantee.
Appears in 4 contracts
Samples: Terminal Use Agreement, Terminal Use Agreement, Terminal Use Agreement
Replacement Credit Support. 17.3.1 If, at any time after 1 March January 2024, the Guarantor is not an Acceptable Guarantor, the User shall within ten (10) Business Days:
(a) if another Affiliate of the User is an Acceptable Guarantor, cause a replacement guarantee (the “Replacement Guarantee”) in substantially the form set out in Schedule 6 (Form of Parent Company Guarantee) and reasonably acceptable to the Operator, to be issued by such Acceptable Guarantor in favour of the Operator and, upon the Replacement Guarantee becoming effective, the original Parent Company Guarantee (or existing Replacement Guarantee) shall terminate; or
(b) if no Affiliate of the User is an Acceptable Guarantor, issue or cause to be issued in favour of the Operator a Letter of Credit (the “Additional LC”) in substantially the form set out in Schedule 5 (Form of Letter of Credit) and in an amount of six million Euros (€6,000,000) from an Acceptable Financial Institution, and the existing Parent Company Guarantee (or existing Replacement Guarantee) shall remain in full force and effect.
17.3.2 If, at any time after 1 March January 2024, the issuer of any Base LC or Additional LC is not an Acceptable Financial Institution, the User shall within ten (10) Business Days, issue or cause to be issued in favour of the Operator a Letter of Credit (the “Replacement LC”) in substantially the form set out in Schedule 5 (Form of Letter of Credit) and in the full amount required pursuant to Clause 17.2.1 from an Acceptable Financial Institution, and upon the Replacement LC becoming effective, the Operator shall return the original Base LC to the User for cancellation.
17.3.3 If, at any time after 1 March January 2024, the issuer of any Replacement LC is not an Acceptable Financial Institution, the User shall within ten (10) Business Days, issue or cause to be issued in favour of the Operator a further Replacement LC in substantially the form set out in Schedule 5 (Form of Letter of Credit) and in the full amount required pursuant to Clause 17.2.1 from an Acceptable Financial Institution, and upon such Replacement LC becoming effective, the Operator shall return the original Replacement LC to the User for cancellation.
17.3.4 Any Parent Company Guarantee, Replacement Guarantee, Base LC, Additional LC and Replacement LC shall remain in full force and effect from the time of issue until the expiry of the Term of this Agreement, save as otherwise provided under this Clause 17.3 or under the terms of the Parent Company Guarantee.
Appears in 2 contracts
Samples: Terminal Use Agreement, Terminal Use Agreement