Common use of Risk Management Policy Clause in Contracts

Risk Management Policy. Shall take the following actions with respect to the Risk Management Policy: (a) The Reliant Retail Obligors shall maintain in effect the Risk Management Policy. The Reliant Retail Obligors may waive the Risk Management Policy with respect to individual actions, provided that any waiver of the Risk Management Policy in respect of a particular action requiring the approval of the Chief Risk Officer, the Chief Executive Officer or the Board of Directors or any committee thereof shall require prior written approval of the Sleeve Provider, which shall not be unreasonably withheld or delayed, and shall be responded to in any event within three Business Days. The Reliant Retail Obligors may amend or otherwise modify in general the Risk Management Policy, provided that REPS shall promptly provide to the Sleeve Provider copies of final requests for general amendments or modifications to the Risk Management Policy promptly after providing such final requests to senior management, and before becoming effective such amendments or modifications shall be approved by the Sleeve Provider, which approval shall not be unreasonably withheld or delayed, and shall be responded to in any event within three Business Days. (b) The Reliant Retail Obligors shall comply with the Risk Management Policy to the extent required by the following: (i) If there shall occur any violation of any Risk Limit under, and as defined in, the Risk Management Policy, the Reliant Retail Obligors shall have three Business Days to cure the same after notice thereof from the Sleeve Provider or any Responsible Officer or other executive officer of REPS obtaining knowledge of such occurrence; provided that if at any time the xxxx-to-market loss on position(s) in violation of the Risk Limits exceeds $25,000,000, the Reliant Retail Obligors shall have only one Business Day after the date of the notice or knowledge to cure the same such that the position(s) in violation do not exceed such threshold (however, if such threshold is exceeded during the last day of any three Business Day cure period, such three Business Day cure period shall be extended through the following Business Day such that the Reliant Retail Obligors shall have the fourth Business Day to cure such violation). If cure is not effected within such three (or four) Business Day period, then as the Sleeve Provider’s sole remedy with respect to such violation, other than under Section 6.13(b)(ii), the Sleeve Provider shall have the right to enter into xxxxxx with REPS to effect the cure at prices consistent with the prices the Sleeve Provider would use in transactions with third parties at the applicable times and in the applicable volumes. In exercising such right, Sleeve Provider will use the same standard of care as Sleeve Provider uses in conducting transactions to correct risk policy violations under Sleeve Provider’s risk policies. (ii) In addition to the rights of Sleeve Provider under Section 6.13(b)(i), if there shall occur any Level III Violation, after providing notice thereof to Sleeve Provider in accordance with Section 6.13(a), at the Sleeve Provider’s request the Reliant Retail Obligors will take the following actions: (A) Notify immediately the Chief Executive Officer, Chief Financial Officer, Chief Risk Officer and Controller of the Level III Violation; (B) Present to the Xxxxxxx Parties within five Business Days a Working Plan that has been approved by the Chief Executive Officer; (C) Present to Xxxxxxx Parties within 30 Business Days a Remediation Plan that has been approved by the Chief Executive Officer. The Xxxxxxx Parties shall have two Business Days after receipt of such Remediation Plan to consult with the Reliant Parties and review and agree upon the same. If the Xxxxxxx Parties and the Reliant Retail Obligors do not mutually agree on the Remediation Plan at the end of such two Business Day period, then a third-party evaluator chosen from the list set forth in Schedule 1.01(a) shall be engaged to mediate promptly the matters in dispute; and (D) Submit the Remediation Plan to the Audit Committee promptly after its determination in accordance with paragraph (C) above. If the Audit Committee does not approve the Remediation Plan within six Business Days after submission, the Reliant Retail Obligors shall consult with the Xxxxxxx Parties and make reasonable modifications to the Remediation Plan based upon comments from the Audit Committee, and resubmit the same within ten Business Days after the end of such six Business Day period. It shall be a Reliant Event of Default (a “Risk Management Event of Default”) if the Reliant Retail Obligors (1) do not comply with the process provided for in Section 6.13(b)(ii)(A) through (D), and the same is not cured within two Business Days, or (2) if the resubmitted Remediation Plan described in Section 6.13(b)(ii)(D) above is not implemented by the Reliant Retail Obligors in all material respects. A Risk Management Event of Default shall be the sole Reliant Events of Default or Defaults with respect thereto for any non-compliance with the Risk Management Policy or breach of Section 6.13(b).

Risk Management Policy. Shall take the following actions with respect to (a) Keep the Risk Management Policy: (a) The Reliant Retail Obligors shall maintain Policy in effect full force and effect, and in accordance therewith, conduct its business in compliance with the Maximum Position Limits and the Risk Management Policy. The Reliant Retail Obligors may waive Borrowers shall provide at least ten (10) Business Days prior written notice to the Administrative Agent of any proposed amendment, modification, supplement or other change to such Risk Management Policy, which proposed amendment, modification, supplement or other change must receive the approval of the Administrative Agent (such approval not to be unreasonably withheld, conditioned or delayed) if relating to the modifications to credit limits or open or stop loss position limits or contract or commodity traded limits. Failure of the Administrative Agent to respond to any proposed amendment, modification, supplement or other change in writing setting forth its reasons for disapproval within ten (10) Business Days of receipt of such written notice from the Borrowers shall be deemed to be approval of such proposed amendment, modification, supplement or other change by the Administrative Agent. The Borrowers shall provide to the Administrative Agent (for distribution to the Lenders, including, without limitation, if requested by a Lender, through posting on Intralinks or other web site in use to distribute information to the Lenders), within ten (10) days of the effectiveness of any such amendment, modification, supplement or other change, such revised Risk Management Policy with respect to individual actions, provided that any waiver in its entirety. (b) If the Loan Parties shall be required by the terms of the Risk Management Policy to eliminate exposure associated with positions that have caused the stop loss limit to be exceeded, (i) Buckeye Energy Holdings LLC may, in respect its sole discretion, make a Permitted Equity Contribution or (ii) the Borrowers may, in their sole discretion, incur Subordinated Indebtedness pursuant to Section 8.2(b), in each case, in a net amount not to exceed the amount by which such positions exceed the stop loss limit (such amount, the “Stop Loss Cure Amount”). The aggregate value of a particular action requiring the approval positions of the Chief Risk OfficerLoan Parties shall be deemed to be reduced by the Stop Loss Cure Amount if such Stop Loss Cure Amount is received by the Loan Parties within three (3) Business Days after the stop loss limit was exceeded. For purposes of this Section 7.10(b), the Chief Executive Officer or term “stop loss limit” shall have the Board of Directors or any committee thereof shall require prior written approval of the Sleeve Provider, which shall not be unreasonably withheld or delayed, and shall be responded meaning given to such term in any event within three Business Days. The Reliant Retail Obligors may amend or otherwise modify in general the Risk Management Policy, provided that REPS shall promptly provide to the Sleeve Provider copies of final requests for general amendments or modifications to the Risk Management Policy promptly after providing such final requests to senior management, and before becoming effective such amendments or modifications shall be approved by the Sleeve Provider, which approval shall not be unreasonably withheld or delayed, and shall be responded to in any event within three Business Days. (b) The Reliant Retail Obligors shall comply with the Risk Management Policy to the extent required by the following: (i) If there shall occur any violation of any Risk Limit under, and as defined in, the Risk Management Policy, the Reliant Retail Obligors shall have three Business Days to cure the same after notice thereof from the Sleeve Provider or any Responsible Officer or other executive officer of REPS obtaining knowledge of such occurrence; provided that if at any time the xxxx-to-market loss on position(s) in violation of the Risk Limits exceeds $25,000,000, the Reliant Retail Obligors shall have only one Business Day after the date of the notice or knowledge to cure the same such that the position(s) in violation do not exceed such threshold (however, if such threshold is exceeded during the last day of any three Business Day cure period, such three Business Day cure period shall be extended through the following Business Day such that the Reliant Retail Obligors shall have the fourth Business Day to cure such violation). If cure is not effected within such three (or four) Business Day period, then as the Sleeve Provider’s sole remedy with respect to such violation, other than under Section 6.13(b)(ii), the Sleeve Provider shall have the right to enter into xxxxxx with REPS to effect the cure at prices consistent with the prices the Sleeve Provider would use in transactions with third parties at the applicable times and in the applicable volumes. In exercising such right, Sleeve Provider will use the same standard of care as Sleeve Provider uses in conducting transactions to correct risk policy violations under Sleeve Provider’s risk policies. (ii) In addition to the rights of Sleeve Provider under Section 6.13(b)(i), if there shall occur any Level III Violation, after providing notice thereof to Sleeve Provider in accordance with Section 6.13(a), at the Sleeve Provider’s request the Reliant Retail Obligors will take the following actions: (A) Notify immediately the Chief Executive Officer, Chief Financial Officer, Chief Risk Officer and Controller of the Level III Violation; (B) Present to the Xxxxxxx Parties within five Business Days a Working Plan that has been approved by the Chief Executive Officer; (C) Present to Xxxxxxx Parties within 30 Business Days a Remediation Plan that has been approved by the Chief Executive Officer. The Xxxxxxx Parties shall have two Business Days after receipt of such Remediation Plan to consult with the Reliant Parties and review and agree upon the same. If the Xxxxxxx Parties and the Reliant Retail Obligors do not mutually agree on the Remediation Plan at the end of such two Business Day period, then a third-party evaluator chosen from the list set forth in Schedule 1.01(a) shall be engaged to mediate promptly the matters in dispute; and (D) Submit the Remediation Plan to the Audit Committee promptly after its determination in accordance with paragraph (C) above. If the Audit Committee does not approve the Remediation Plan within six Business Days after submission, the Reliant Retail Obligors shall consult with the Xxxxxxx Parties and make reasonable modifications to the Remediation Plan based upon comments from the Audit Committee, and resubmit the same within ten Business Days after the end of such six Business Day period. It shall be a Reliant Event of Default (a “Risk Management Event of Default”) if the Reliant Retail Obligors (1) do not comply with the process provided for in Section 6.13(b)(ii)(A) through (D), and the same is not cured within two Business Days, or (2) if the resubmitted Remediation Plan described in Section 6.13(b)(ii)(D) above is not implemented by the Reliant Retail Obligors in all material respects. A Risk Management Event of Default shall be the sole Reliant Events of Default or Defaults with respect thereto for any non-compliance with the Risk Management Policy or breach of Section 6.13(b).

Risk Management Policy. Shall take the following actions with respect to (a) Keep the Risk Management Policy: (a) The Reliant Retail Obligors shall maintain Policy in effect full force and effect, and in accordance therewith, conduct its business in compliance with the Maximum Position Limits and the Risk Management Policy. The Reliant Retail Obligors may waive Borrower shall provide at least ten (10) Business Days prior written notice to the Administrative Agent of any proposed amendment, modification, supplement or other change to such Risk Management Policy, which proposed amendment, modification, supplement or other change must receive the approval of the Administrative Agent (such approval not to be unreasonably withheld, conditioned or delayed) if relating to the modifications to credit limits or open or stop loss position limits or contract or commodity traded limits. Failure of the Administrative Agent to respond to any proposed amendment, modification, supplement or other change in writing setting forth its reasons for disapproval within ten (10) Business Days of receipt of such written notice from the Borrower shall be deemed to be approval of such proposed amendment, modification, supplement or other change by the Administrative Agent. The Borrower shall provide to the Administrative Agent (for distribution to the Lenders, including, without limitation, if requested by a Lender, through posting on Intralinks or other web site in use to distribute information to the Lenders), within ten (10) days of the effectiveness of any such amendment, modification, supplement or other change, such revised Risk Management Policy with respect to individual actions, provided that any waiver in its entirety. (b) If the Loan Parties shall be required by the terms of the Risk Management Policy to eliminate exposure associated with positions that have caused the stop loss limit to be exceeded, (i) Buckeye Energy Holdings LLC may, in respect its sole discretion, make a Permitted Equity Contribution or (ii) the Borrower may, in its sole discretion, incur Subordinated Indebtedness pursuant to Section 8.2(b), in each case, in a net amount not to exceed the amount by which such positions exceed the stop loss limit (such amount, the “Stop Loss Cure Amount”). The aggregate value of a particular action requiring the approval positions of the Chief Risk OfficerLoan Parties shall be deemed to be reduced by the Stop Loss Cure Amount if such Stop Loss Cure Amount is received by the Loan Parties within three (3) Business Days after the stop loss limit was exceeded. For purposes of this Section 7.10(b), the Chief Executive Officer or term “stop loss limit” shall have the Board of Directors or any committee thereof shall require prior written approval of the Sleeve Provider, which shall not be unreasonably withheld or delayed, and shall be responded meaning given to such term in any event within three Business Days. The Reliant Retail Obligors may amend or otherwise modify in general the Risk Management Policy, provided that REPS shall promptly provide to the Sleeve Provider copies of final requests for general amendments or modifications to the Risk Management Policy promptly after providing such final requests to senior management, and before becoming effective such amendments or modifications shall be approved by the Sleeve Provider, which approval shall not be unreasonably withheld or delayed, and shall be responded to in any event within three Business Days. (b) The Reliant Retail Obligors shall comply with the Risk Management Policy to the extent required by the following: (i) If there shall occur any violation of any Risk Limit under, and as defined in, the Risk Management Policy, the Reliant Retail Obligors shall have three Business Days to cure the same after notice thereof from the Sleeve Provider or any Responsible Officer or other executive officer of REPS obtaining knowledge of such occurrence; provided that if at any time the xxxx-to-market loss on position(s) in violation of the Risk Limits exceeds $25,000,000, the Reliant Retail Obligors shall have only one Business Day after the date of the notice or knowledge to cure the same such that the position(s) in violation do not exceed such threshold (however, if such threshold is exceeded during the last day of any three Business Day cure period, such three Business Day cure period shall be extended through the following Business Day such that the Reliant Retail Obligors shall have the fourth Business Day to cure such violation). If cure is not effected within such three (or four) Business Day period, then as the Sleeve Provider’s sole remedy with respect to such violation, other than under Section 6.13(b)(ii), the Sleeve Provider shall have the right to enter into xxxxxx with REPS to effect the cure at prices consistent with the prices the Sleeve Provider would use in transactions with third parties at the applicable times and in the applicable volumes. In exercising such right, Sleeve Provider will use the same standard of care as Sleeve Provider uses in conducting transactions to correct risk policy violations under Sleeve Provider’s risk policies. (ii) In addition to the rights of Sleeve Provider under Section 6.13(b)(i), if there shall occur any Level III Violation, after providing notice thereof to Sleeve Provider in accordance with Section 6.13(a), at the Sleeve Provider’s request the Reliant Retail Obligors will take the following actions: (A) Notify immediately the Chief Executive Officer, Chief Financial Officer, Chief Risk Officer and Controller of the Level III Violation; (B) Present to the Xxxxxxx Parties within five Business Days a Working Plan that has been approved by the Chief Executive Officer; (C) Present to Xxxxxxx Parties within 30 Business Days a Remediation Plan that has been approved by the Chief Executive Officer. The Xxxxxxx Parties shall have two Business Days after receipt of such Remediation Plan to consult with the Reliant Parties and review and agree upon the same. If the Xxxxxxx Parties and the Reliant Retail Obligors do not mutually agree on the Remediation Plan at the end of such two Business Day period, then a third-party evaluator chosen from the list set forth in Schedule 1.01(a) shall be engaged to mediate promptly the matters in dispute; and (D) Submit the Remediation Plan to the Audit Committee promptly after its determination in accordance with paragraph (C) above. If the Audit Committee does not approve the Remediation Plan within six Business Days after submission, the Reliant Retail Obligors shall consult with the Xxxxxxx Parties and make reasonable modifications to the Remediation Plan based upon comments from the Audit Committee, and resubmit the same within ten Business Days after the end of such six Business Day period. It shall be a Reliant Event of Default (a “Risk Management Event of Default”) if the Reliant Retail Obligors (1) do not comply with the process provided for in Section 6.13(b)(ii)(A) through (D), and the same is not cured within two Business Days, or (2) if the resubmitted Remediation Plan described in Section 6.13(b)(ii)(D) above is not implemented by the Reliant Retail Obligors in all material respects. A Risk Management Event of Default shall be the sole Reliant Events of Default or Defaults with respect thereto for any non-compliance with the Risk Management Policy or breach of Section 6.13(b).

Risk Management Policy. Shall take the following actions with respect to the Risk Management Policy: (a) The Reliant Retail Obligors shall maintain in effect the Risk Management Policy. The Reliant Retail Obligors may waive the Risk Management Policy with respect to individual actions, provided that any waiver of the Risk Management Policy in respect of a particular action requiring the approval of the Chief Risk Officer, the Chief Executive Officer or the Board of Directors or any committee thereof shall require prior written approval of the Sleeve Provider, which shall not be unreasonably withheld or delayed, and shall be responded to in any event within three Business Days. The Reliant Retail Obligors may amend or otherwise modify in general the Risk Management Policy, provided that REPS shall promptly provide to the Sleeve Provider copies of final requests for general amendments or modifications to the Risk Management Policy promptly after providing such final requests to senior management, and before becoming effective such amendments or modifications shall be approved by the Sleeve Provider, which approval shall not be unreasonably withheld or delayed, and shall be responded to in any event within three Business Days. (b) The Reliant Retail Obligors shall comply with the Risk Management Policy to the extent required by the following: (i) If there shall occur any violation of any Risk Limit under, and as defined in, the Risk Management Policy, the Reliant Retail Obligors shall have three Business Days to cure the same after notice thereof delivered to or received from the Sleeve Provider or or, with respect any violation under clause (a) of the definition of Risk Limit, any Responsible Officer or other executive officer of REPS obtaining knowledge of such occurrence; provided that if at any time the xxxx-to-market loss on position(s) in violation of the Risk Limits exceeds $25,000,000, the Reliant Retail Obligors shall have only one Business Day after the date of the delivery or receipt of notice or or, with respect to any violation under clause (a) of the definition of Risk Limit, knowledge to cure the same such that the position(s) in violation do not exceed such threshold (however, if such threshold is exceeded during the last day of any three Business Day cure period, such three Business Day cure period shall be extended through the following Business Day such that the Reliant Retail Obligors shall have the fourth Business Day to cure such violation). If cure is not effected within such three (or four) Business Day period, then as the Sleeve Provider’s sole remedy with respect to such violation, other than under Section 6.13(b)(ii), the Sleeve Provider shall have the right to enter into xxxxxx with REPS to effect the cure at prices consistent with the prices the Sleeve Provider would use in transactions with third parties at the applicable times and in the applicable volumes. In exercising such right, Sleeve Provider will use the same standard of care as Sleeve Provider uses in conducting transactions to correct risk policy violations under Sleeve Provider’s risk policies. (ii) In addition to the rights of Sleeve Provider under Section 6.13(b)(i), if there shall occur any Level III Violation, after providing notice thereof to Sleeve Provider in accordance with Section 6.13(a), at the Sleeve Provider’s request the Reliant Retail Obligors will take the following actions: (A) Notify immediately the Chief Executive Officer, Chief Financial Officer, Chief Risk Officer and Controller of the Level III Violation; (B) Present to the Xxxxxxx Parties within five Business Days a Working Plan that has been approved by the Chief Executive Officer; (C) Present to Xxxxxxx Parties within 30 Business Days a Remediation Plan that has been approved by the Chief Executive Officer. The Xxxxxxx Parties shall have two Business Days after receipt of such Remediation Plan to consult with the Reliant Parties and review and agree upon the same. If the Xxxxxxx Parties and the Reliant Retail Obligors do not mutually agree on the Remediation Plan at the end of such two Business Day period, then a third-party evaluator chosen from the list set forth in Schedule 1.01(a) shall be engaged to mediate promptly the matters in dispute; and (D) Submit the Remediation Plan to the Audit Committee promptly after its determination in accordance with paragraph (C) above. If the Audit Committee does not approve the Remediation Plan within six Business Days after submission, the Reliant Retail Obligors shall consult with the Xxxxxxx Parties and make reasonable modifications to the Remediation Plan based upon comments from the Audit Committee, and resubmit the same within ten Business Days after the end of such six Business Day period. It shall be a Reliant Event of Default (a “Risk Management Event of Default”) if the Reliant Retail Obligors (1) do not comply with the process provided for in Section 6.13(b)(ii)(A) through (D), and the same is not cured within two Business Days, or (2) if the resubmitted Remediation Plan described in Section 6.13(b)(ii)(D) above is not implemented by the Reliant Retail Obligors in all material respects. A Risk Management Event of Default shall be the sole Reliant Events of Default or Defaults with respect thereto for any non-compliance with the Risk Management Policy or breach of Section 6.13(b). (c) The Sleeve Provider shall monitor compliance with the Risk Limits described in Exhibit E2 (Energy Hedge Limit, UCAP Hedge Limit, and Basis Hedge Limit) in accordance with the provisions of Exhibit E2.

Risk Management Policy. Shall take the following actions with respect to the Risk Management Policy: (a) The Reliant Retail Obligors shall maintain in effect the Risk Management PolicyPolicy with respect to Approved Markets. The Reliant Retail Obligors may waive the Risk Management Policy with respect to Approved Markets with respect to individual actions, provided that any such waiver of the Risk Management Policy in respect of a particular action requiring the approval of the Chief Risk Officer, the Chief Executive Officer or the Board of Directors or any committee thereof shall require prior written approval of the Sleeve Provider, which shall not be unreasonably withheld or delayed, and shall be responded to in any event within three Business Days. The Reliant Retail Obligors may amend or otherwise modify in general the Risk Management PolicyPolicy with respect to Approved Markets, provided that REPS shall promptly provide to the Sleeve Provider copies of final requests for such general amendments or modifications to the Risk Management Policy promptly after providing such final requests to senior management, and before becoming effective such amendments or modifications shall be approved by the Sleeve Provider, which approval shall not be unreasonably withheld or delayed, and shall be responded to in any event within three Business Days. (b) The Reliant Retail Obligors shall comply with the Risk Management Policy to the extent required by the following: (i) If there shall occur any violation of any Risk Limit under, and as defined in, the set forth in any Risk Management PolicyLimit Report, the Reliant Retail Obligors shall have three Business Days to cure the same after notice thereof delivered to or received from the Sleeve Provider or or, with respect any violation under clause (a) of the definition of Risk Limit, any Responsible Officer or other executive officer of REPS obtaining knowledge of such occurrence; provided that if at any time the xxxx-to-market loss on position(s) in violation of the Risk Limits exceeds $25,000,000, the Reliant Retail Obligors shall have only one Business Day after the date of the delivery or receipt of notice or or, with respect to any violation under clause (a) of the definition of Risk Limit, knowledge to cure the same such that the position(s) in violation do not exceed such threshold (however, if such threshold is exceeded during the last day of any three Business Day cure period, such three Business Day cure period shall be extended through the following Business Day such that the Reliant Retail Obligors shall have the fourth Business Day to cure such violation). If cure is not effected within such three (or four) Business Day period, then as the Sleeve Provider’s sole remedy with respect to such violation, other than under Section 6.13(b)(ii), the Sleeve Provider shall have the right to enter into xxxxxx with REPS to effect the cure at prices consistent with the prices the Sleeve Provider would use in transactions with third parties at the applicable times and in the applicable volumes. In exercising such right, Sleeve Provider will use the same standard of care as Sleeve Provider uses in conducting transactions to correct risk policy violations under Sleeve Provider’s risk policies. (ii) In addition to the rights of Sleeve Provider under Section 6.13(b)(i), if there shall occur any Level III Violation, after providing notice thereof to Sleeve Provider in accordance with Section 6.13(a), at the Sleeve Provider’s request the Reliant Retail Obligors will take the following actions: (A) Notify immediately the Chief Executive Officer, Chief Financial Officer, Chief Risk Officer and Controller of the Level III Violation; (B) Present to the Xxxxxxx Parties within five Business Days a Working Plan that has been approved by the Chief Executive Officer; (C) Present to Xxxxxxx Parties within 30 Business Days a Remediation Plan that has been approved by the Chief Executive Officer. The Xxxxxxx Parties shall have two Business Days after receipt of such Remediation Plan to consult with the Reliant Parties and review and agree upon the same. If the Xxxxxxx Parties and the Reliant Retail Obligors do not mutually agree on the Remediation Plan at the end of such two Business Day period, then a third-party evaluator chosen from the list set forth in Schedule 1.01(a) shall be engaged to mediate promptly the matters in dispute; and (D) Submit the Remediation Plan to the Audit Committee promptly after its determination in accordance with paragraph (C) above. If the Audit Committee does not approve the Remediation Plan within six Business Days after submission, the Reliant Retail Obligors shall consult with the Xxxxxxx Parties and make reasonable modifications to the Remediation Plan based upon comments from the Audit Committee, and resubmit the same within ten Business Days after the end of such six Business Day period. It shall be a Reliant Event of Default (a “Risk Management Event of Default”) if the Reliant Retail Obligors (1) do not comply with the process provided for in Section 6.13(b)(ii)(A) through (D), and the same is not cured within two Business Days, or (2) if the resubmitted Remediation Plan described in Section 6.13(b)(ii)(D) above is not implemented by the Reliant Retail Obligors in all material respects. A Risk Management Event of Default shall be the sole Reliant Events of Default or Defaults with respect thereto for any non-compliance with the Risk Management Policy or breach of Section 6.13(b).