Replacement Security. “Replacement Security” shall mean either: (a) cash; (b) an irrevocable letter of credit, substantially in the form set forth as Exhibit A, issued by a commercial bank authorized to do business and in good standing in the United States of America with a minimum long-term unsecured debt rating of at least “A-” by S&P or “A3” by Moody’s, or an equivalent debt rating by one of these agencies; or (c) other security acceptable to the Party receiving such Replacement Security. If, at any time, the issuer of the Replacement Security fails to possess the minimum applicable requirements set forth in (b) or (c) in the immediately foregoing sentence (such occurrence defined herein as a “Replacement Downgrade Event”), the Party causing such Replacement Security to be issued shall deliver replacement credit support in a form and in the amount that meets the definition of Replacement Security within five (5) Business Days of notice of such Replacement Downgrade Event. The other Party shall return the original Replacement Security to the Party causing the additional Replacement Security to be issued within five (5) Business Days of the provision of such additional Replacement Security to the other Party.
Appears in 2 contracts
Samples: Capacity and Associated Energy Purchase and Sale Agreement, Capacity and Associated Energy Purchase and Sale Agreement
Replacement Security. “Replacement Security” shall mean either: (a) cash; (b) an irrevocable letter of credit, substantially in the form set forth as Exhibit A, issued by a commercial bank authorized to do business and in good standing in the United States of America with a minimum long-term unsecured debt rating of at least “A-” by S&P Standard & Poor’s or “A3” by Moody’s, or an equivalent debt rating by one of these agencies; or (c) other security acceptable to the Party receiving such Replacement Security. If, at any time, the issuer of the Replacement Security fails to possess the minimum applicable requirements set forth in (b) or (c) in the immediately foregoing sentence (such occurrence defined herein as a “Replacement Downgrade Event”), the Party causing such Replacement Security to be issued shall deliver replacement credit support in a form and in the amount that meets the definition of Replacement Security within five (5) Business Days of notice of such Replacement Downgrade Event. The other Party shall return the original Replacement Security to the Party causing the additional Replacement Security to be issued within five (5) Business Days of the provision of such additional Replacement Security to the other Party.
Appears in 2 contracts
Samples: Capacity Purchase and Sale Agreement, Demand Resource Capacity Purchase and Sale Agreement
