Retention of Security. Amounts provided by Seller as Contract Security and not refunded pursuant to Section 15.06 above will be retained by NYSERDA as follows: In their entirety, (i) upon termination of this Agreement under Section 14.01(a) of this Agreement due to the occurrence of a Seller Event of Default if such Event of Default remains uncured after the expiration of the applicable cure period, or (ii) upon termination under Section 14.01(c); On a prorated basis if Seller notifies NYSERDA in writing that Seller intends to build the Selected Project such that, once complete, the Operational Installed Capacity will be less than the product of 0.95 and the Offer Capacity (such amount by which the Operational Installed Capacity is less than ninety-five percent (95%) of the Offer Capacity being the “Offer Capacity Reduction”). The amount that will be retained, expressed as a fraction of the total Contract Security held by NYSERDA as of the date of such notification, shall equal the Offer Capacity Reduction divided by the Offer Capacity. In the event that Seller has provided the Contract Security in the form of a Letter of Credit or an Acceptable Guaranty, NYSERDA shall be entitled to draw on the Letter of Credit or obtain payment under the Acceptable Guaranty, respectively, for the prorated amount of the Contract Security calculated in accordance with this Section 15.07(b) as of the date of Seller’s written notification to NYSERDA of Seller’s intent in respect of the Offer Capacity Reduction.
Retention of Security. The Security Agent shall hold the Software and shall release the same upon the terms and conditions provided in this Agreement.
Retention of Security. If the Security Trustee considers that any amount paid or credited to or recovered by any Beneficiary under any Transaction Document is capable of being avoided or otherwise set aside on the winding-up of the Chargor or any other person, or otherwise, that amount shall not be considered to have been paid for the purposes of determining whether all the Secured Obligations have been irrevocably paid.
Retention of Security. If the Interim Security Agent considers that any amount paid or credited to any Interim Finance Party under any of the Interim Documents is capable of being avoided or otherwise set aside or restored, that amount shall not be considered to have been paid for the purposes of determining whether the Security Period has expired.
Retention of Security. Amounts provided by Contractor as Contract Security will be retained by NYSERDA as follows:
a. At a prorated amount if the Installed Capacity is less than the Bid Capacity. Such amount that will be retained, expressed as a percentage of the total Contract Security, will be equal to the Bid Capacity minus the Installed Capacity divided by the Bid Capacity.
Retention of Security. If the Security Agent considers that any amount paid or credited to any Finance Party under any Finance Document is capable of being avoided or otherwise set aside on the Winding-up of the Assignor or any other person, or otherwise, that amount shall not be considered to have been paid for the purposes of determining whether all the Liabilities have been irrevocably paid.
Retention of Security the Security Agent may retain this Deed, any --------------------- security hereby created and any document deposited with it hereunder until it is satisfied that such condition has been or will be fulfilled; and this Clause 22.4 (Release of Charge Conditional) shall survive the discharge of this Deed unless the Security Agent expressly agrees otherwise in writing.
Retention of Security. If there is an Event of Default and Payee exercises its option to accelerate this Tax Note, then in that event Payee shall be entitled to retain that portion of the Shares awarded under the Performance Share Award Agreement as to which the Restriction Period has lapsed that has a Fair Market Value (as of the last day of the applicable time period for repayment as set forth in Paragraphs 2 and 3 of this Tax Note) equal to the sum of the outstanding principal balance of this Tax Note and any accrued but unpaid Interest thereon, such Fair Market Value and balance to be determined as of the date of Payee's notice of acceleration.
Retention of Security. If the Pledgee considers that any amount paid or credited under the Facility Agreements is capable of being avoided or otherwise set aside on the Winding-up of the Pledgor or any other person, or otherwise, that amount shall not be considered to have been paid for the purposes of determining whether all the Secured Obligations have been irrevocably paid.
Retention of Security. Amounts provided by Seller as Contract Security will be retained by NYSERDA as follows:
(a) In their entirety if Seller fails to provide to NYSERDA, within thirty (30) days of the Award Notification Date, Contract Security in the amount required under Section 15.01(a), above.
(b) In their entirety if Seller fails to provide to NYSERDA, on or before November 30, 2021, Contract Security in the amount required under Section 15.01(b), above.
(c) In their entirety if Seller fails to meet the Commercial Operation Milestone Date under Section 2.07 and the Seller fails to provide to NYSERDA, on or before the exportation of the Commercial Operational Milestone Date under Section 2.07, the additional Contract Security in the amount required under Section 15.02 or an Executed Interconnection Agreement pursuant to Section 15.03.
(d) At a prorated amount if the Installed Capacity is less than the Bid Capacity. Such amount that will be retained, expressed as a percentage of the total Contract Security, will be equal to the Bid Capacity minus the Installed Capacity divided by the Bid Capacity.
