Seller Collateral Requirements Sample Clauses

Seller Collateral Requirements. Notwithstanding anything to the contrary contained in the Master Agreement, Seller shall, within five (5) Business Days following the Confirmation Effective Date, provide to, and maintain with, Buyer a Full Floating Independent Amount as long as Seller or its Guarantor, if any, does not maintain Credit Ratings of at least BBB- from S&P and Baa3 from Xxxxx’x. The “Full Floating Independent Amount” shall be 20% of the sum of the Monthly Payments for the current month and all remaining months of the Delivery Period, without the adjustments specified in Section 4.2. For the purposes of calculating the Collateral Requirement pursuant to Paragraph 3 of the Collateral Annex, such Full Floating Independent Amount for Seller shall be added to the Exposure Amount for Buyer and subtracted from the Exposure Amount for Seller.
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Seller Collateral Requirements. (a) On or prior to the Commercial Operation Date, or in the event that the Commercial Operation Date is within sixty (60) days following the Effective Date, then within sixty (60) days following the Commercial Operation Date of the Unit, Seller shall execute in favor of and deliver to Buyer a deed of trust or collateral assignment of lease with respect to the Unit (in either case, a “Security Agreement”), which secures the payment obligations of Seller to Buyer hereunder so as provide a first lien on the Unit, except as provided below (the “Secured Obligations”). The Security Agreement shall be in a form reasonably acceptable to Buyer and shall provide Buyer, among other rights, (i) a right to receive notices of default from secured lenders and parties with an assigned interest in the Secured Obligations, (ii) in the case of an Event of Default by Seller hereunder with respect to the Secured Obligations, the right to step in and cure defaults of the Seller to the senior lender and if such right is exercised by the Buyer then a right to step in and operate the Project. The rights of Buyer thereunder shall at all times be subject and subordinate to, as the case may be, either (i) the rights and interests of the Unit lessor, in the case of a collateral assignment of a Unit lease (a “Unit Lease”), or (ii) in the case of a deed of trust, the rights and interests of any beneficiary under any prior or senior deed of trust or other security interest (a “Senior Lien”) executed or to be executed by Seller in favor of any person or persons (a “Senior Lender”) providing construction and/or term financing for the Unit, including any renewal, refinancing, modification or extension thereof (a “Project Financing”).
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Seller Collateral Requirements. Section 8.1 of the Master Agreement, entitled “Party A Credit Protection”, and all corresponding provisions to Section 8.1 of the Master Agreement do not apply to this Confirmation. [Drafting Note: Parties to review Collateral Requirements provision in Master Agreement and edit accordingly here] Current Xxxx-to-Market Value [For Masters with Collateral Annex insert:] For the purposes of calculating Exposure pursuant to the Collateral Annex, the Current Xxxx-to-Market Value for this Transaction is deemed to be zero. If at any time prior to the expiration of the Delivery Period, a liquid market for the Product develops wherein price quotes for such a product can be obtained, the Parties agree to amend the Confirmation to include a methodology for calculating the Current Xxxx-to-Market Value for this Transaction, consequently affecting each Party's Exposure. [For Masters without Collateral Annex insert:] For the purposes of calculating Termination Payment pursuant to Article 8 of the Master Agreement, the xxxx-to-market value for this Transaction is deemed to be zero. If at any time prior to the expiration of the Delivery Period, a liquid market for the Product develops wherein price quotes for such a product can be obtained, the Parties agree to amend the Confirmation to include a methodology for calculating the xxxx-to-market value for this Transaction, consequently affecting each Party's Performance Assurance amount. ADDITIOnAL MASTER AGREEMENT AMENDMENTS Declaration of an Early Termination Date and Calculation of Settlement Amounts The Parties shall determine the Settlement Amount for this Transaction in accordance with Section 5.2 of the Master Agreement using the defined terms contained in this Confirmation and with respect to this Transaction only, the following language is to be added at the end of Section 5.2 of the Master Agreement: “If Buyer is the Non-Defaulting Party and Buyer reasonably expects to incur or be liable for any penalties, fines or costs from the CPUC, CAISO, or any Governmental Body having jurisdiction, because Buyer or a purchaser of Resold Product is not able to include the applicable Contract Quantity in any applicable Compliance Showing due to Seller’s Event of Default, then Buyer may, in good faith, estimate the amount of those penalties, fines or costs and include this estimate in its determination of the Termination Payment, subject to accounting to Seller when those penalties, fines or costs are finally ascertained. If this ...
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Seller Collateral Requirements. Notwithstanding anything to the contrary contained in the Master Agreement, Seller shall, within five (5) Business Days following Confirmation Effective Date, provide to, and maintain with, Buyer a Full Floating Independent Amount as long as Seller or its Guarantor, if any, does not maintain (a) Credit Ratings of at least BBB- from S&P and Baa3 from Xxxxx’x if it is rated by both S&P and Xxxxx’x or
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Seller Collateral Requirements. Notwithstanding anything to the contrary contained in the Master Agreement, Seller shall, within five (5) Business Days following Confirmation Effective Date, provide to, and maintain with, Buyer a Full Floating Independent Amount as long as Seller or its Guarantor, if any, does not maintain (a) Credit Ratings of at least BBB- from S&P and Baa3 from Xxxxx’x if it is rated by both S&P and Xxxxx’x or (b) a Credit Rating of at least BBB- from S&P or Baa3 from Xxxxx’x if it is only rated by one of the two rating agencies. The “Full Floating Independent Amount” shall be 20% of the sum of the Monthly Payments for the current month and all remaining months of the Delivery Period, without the reductions specified in Section 4.2. For the purposes of calculating the Collateral Requirement pursuant to Paragraph 3 of the Collateral Annex, such Full Floating Independent Amount for Seller shall be added to the Exposure Amount for Buyer and subtracted from the Exposure Amount for Seller.
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Seller Collateral Requirements. Notwithstanding anything to the contrary contained in the Master Agreement, Seller shall provide to, and maintain with, Buyer a Full Floating Independent Amount as long as Seller or its Guarantor, if any, does not maintain Credit Ratings of at least BBB- from S&P and of at least Baa3 from Xxxxx'x. Initially the “Full Floating Independent Amount” shall be 16.7% of the sum of the Monthly RA Capacity Payments for the first [twelve (12) calendar months for transactions three (3) years or less or twenty-four (24) calendar months for transactions greater than three (3) years] of the Delivery Period. Once the Delivery Period begins the “Full Floating Independent Amount” shall be 16.7% of the sum of the Monthly RA Capacity Payments for the current month and the following [eleven (11) calendar months for transactions three years or less or twenty-three (23) calendar months for transactions greater than three years] of the Delivery Period, without the reductions specified in Section 4.5. For the purposes of calculating the Collateral Requirement pursuant Paragraph 3 of the Collateral Annex, such Full Floating Independent Amount for Seller shall be added to the Exposure Amount for Buyer and subtracted from the Exposure Amount for Seller.
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Seller Collateral Requirements. Notwithstanding anything to the contrary contained in the EEI Agreement, Seller’s Collateral Requirement and Exposure for this Transaction is deemed to be zero dollars ($0.00).
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Seller Collateral Requirements. Notwithstanding anything to the contrary contained in the Master Agreement, Seller shall, within five (5) Business Days following the Execution Date, provide to, and maintain with, Buyer a Fixed Independent Amount as long as Seller or its Guarantor, if any, does not maintain Credit Ratings of at least BBB- from S&P and Baa3 from Xxxxx’x. The “Fixed Independent Amount” shall be dollars ($ ) [insert dollar amount equal to 10% of the sum of the highest estimated Monthly Payments for any 24-month period during the Delivery Period]. [For Masters with Collateral Annex insert: For the purposes of calculating the Collateral Requirement pursuant to Section 8.2 of the Master Agreement, entitled “Party B Credit Protection”, and all corresponding provisions to Section 8.2 of the Master Agreement, such Fixed Independent Amount for Seller shall be added to the Exposure Amount for Buyer and subtracted from the Exposure Amount for Seller.]
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Related to Seller Collateral Requirements

  • CREDIT AND COLLATERAL REQUIREMENTS The applicable credit and collateral requirements are specified on the Cover Sheet.

  • Environmental Requirements C7.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental policy, which is to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.

  • D5 Environmental Requirements D5.1 The Contractor shall in the performance of the Contract have due regard to the Authority’s Environmental, Sustainable Procurement and Ethical Procurement policy statements and in addition, shall assist the Authority in achieving the Sustainable Development in Government targets (“SDIG”). These statements and targets require the Authority through its procurement and management of suppliers to inter alia:

  • Additional Requirements As a condition precedent to the execution and Delivery, the registration of issuance, transfer, split-up, combination or surrender, of any ADS, the delivery of any distribution thereon, or the withdrawal of any Deposited Property, the Depositary or the Custodian may require (i) payment from the depositor of Shares or presenter of ADSs or of an ADR of a sum sufficient to reimburse it for any tax or other governmental charge and any stock transfer or registration fee with respect thereto (including any such tax or charge and fee with respect to Shares being deposited or withdrawn) and payment of any applicable fees and charges of the Depositary as provided in Section 5.9 and Exhibit B, (ii) the production of proof reasonably satisfactory to it as to the identity and genuineness of any signature or any other matter contemplated by Section 3.1, and (iii) compliance with (A) any laws or governmental regulations relating to the execution and Delivery of ADRs or ADSs or to the withdrawal of Deposited Securities and (B) such reasonable regulations as the Depositary and the Company may establish consistent with the provisions of the representative ADR, if applicable, the Deposit Agreement and applicable law.

  • D4 Environmental Requirements D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.

  • General Requirements The Contractor hereby agrees:

  • FEDERAL REQUIREMENTS In the event this Contract is paid in whole or in part from any federal government agency or source, the specific terms, regulations and requirements governing the disbursement of these funds shall be specified herein and become a part of this clause.

  • Capital Requirements If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

  • Proposal Requirements Proposals will be submitted in a Portable Document Format (“PDF”) file. Proposals will include the items below. Responses to items a. and b. are awarded 0 or 2 points.

  • Closet/Urinal Requirements 6.1 Employees Closets Urinals 1-5 1 Nil 6-10 1 1 11-20 2 2 21-35 3 4 36-50 4 6 51-75 5 7 76-100 6 8

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