Common use of Seller’s Support Clause in Contracts

Seller’s Support. (a) Seller shall be required to post Credit Support with a Value of $7,410,800 (which is equal to $40,000.00 per MWh per hour of Contract Maximum Amount), as adjusted in accordance with Section 3.1(c), to secure Seller’s Obligations until the Commercial Operation Date (“Development Period Security”). Fifty percent (50%) of the Development Period Security shall be provided to Buyer on the Effective Date, and the remaining fifty percent (50%) of the Development Period Security shall be provided to Buyer within fifteen (15) days after the receipt of the Regulatory Approval. Buyer shall return any undrawn amount of the Development Period Security to Seller within thirty (30) days after the earlier of (i) the termination of this Agreement pursuant to Section 8.1 and (ii) the later of (x) Buyer’s receipt of an undisputed notice from Seller that the Commercial Operation Date has occurred or (y) Buyer’s receipt of the full amount of the Operating Period Security. (b) Beginning not later than three (3) days following the Commercial Operation Date, Seller shall provide Buyer with Credit Support to secure Seller’s Obligations after the Commercial Operation Date through and including the date that all of Seller’s Obligations are satisfied (“Operating Period Security”). The Operating Period Security shall have a Value of $7,410,800 (which is equal to $40,000.00 per MWh per hour of Contract Maximum Amount), as adjusted in accordance with Section 3.3(b) and Section 3.3(c). Neither the Development Period Security nor the Operating Period Security includes any Default Credit Support, and the unused portion (if any) of such Default Credit Support will be returned to Seller within thirty (30) days after the earlier of (i) the cure of the related Default, (ii) the expiration of the Term or (iii) termination of this Agreement under Section 9.3(b) or Section 10.1(c). The Operating Period Security also does not include the Credit Support provided under Section 3.4(b)(xv), which Credit Support will be returned to Seller upon the achievement of the “Commercial Operation Date” under the Phase II Mayflower Wind Power Purchase Agreement. (c) The Credit Support Delivery Amount, as defined below, will be rounded up, and the Credit Support Return Amount, as defined below, will be rounded down, in each case to the nearest integral multiple of $10,000 (“Rounding Amount”). (d) The following items will qualify as “Credit Support” hereunder in the amount noted under “Valuation Percentage”:

Seller’s Support. (a) Seller shall be required to post Credit Support with a Value in the amount of $7,410,800 (which is equal to $40,000.00 per MWh per hour of Contract Maximum Amount), as adjusted in accordance with Section 3.1(c), 90,000 to secure Seller’s Obligations until the Commercial Operation Date (“Development Period Security”). Fifty percent (50%) of the Development Period Security shall be provided to Buyer on the Effective Date, and the remaining fifty percent (50%) One-half of the Development Period Security shall be provided to Buyer within fifteen (15) days after the receipt Agreement Date, and the remaining one-half of the Regulatory ApprovalDevelopment Period Security shall be provided to Buyer within fifteen (15) days after the Effective Date. Buyer shall return any undrawn amount of the Development Period Security to Seller within thirty (30) days after the earlier of (i) the termination of this Agreement pursuant to Section 8.1 and (ii) the later of (x) Buyer’s receipt of an undisputed notice from Seller that the Commercial Operation Date has occurred or (y) Buyer’s receipt of the full amount of the Operating Period Security. (b) Beginning not later than three (3) days following the Commercial Operation Date, Seller shall provide Buyer with Credit Support to secure Seller’s Obligations after the Commercial Operation Date through and including the date that all of Seller’s Obligations are satisfied (“Operating Period Security”). The Operating Period Security shall have a Value be in the amount of $7,410,800 (which is equal to $40,000.00 per MWh per hour of Contract Maximum Amount), as adjusted in accordance with Section 3.3(b) and Section 3.3(c). Neither the Development Period Security nor the Operating Period Security includes any Default Credit Support, and the unused portion (if any) of such Default Credit Support will be returned to Seller within thirty (30) days after the earlier of (i) the cure of the related Default, (ii) the expiration of the Term or (iii) termination of this Agreement under Section 9.3(b) or Section 10.1(c). The Operating Period Security also does not include the Credit Support provided under Section 3.4(b)(xv), which Credit Support will be returned to Seller upon the achievement of the “Commercial Operation Date” under the Phase II Mayflower Wind Power Purchase Agreement90,000. (c) The Credit Support Delivery Amount, as defined below, will be rounded up, and the Credit Support Return Amount, as defined below, will be rounded down, in each case to the nearest integral multiple of $10,000 (“Rounding Amount”). (d) The following items will qualify as “Credit Support” hereunder in the amount noted under “Valuation Percentage”: (A) Cash 100% (B) Letters of Credit 100% unless either (i) a Letter of Credit Default shall have occurred and be continuing with respect to such Letter of Credit, or (ii) twenty (20) or fewer Business Days remain prior to the expiration of such Letter of Credit, in which cases the Valuation Percentage shall be 0%. (e) All calculations with respect to Credit Support shall be made by the Valuation Agent as of the Valuation Time on the Valuation Date.

Seller’s Support. (a) Seller shall be required to post Credit Support with a total Value of $7,410,800 3,692,800 (which is equal to $40,000.00 20,000.00 per MWh per hour of the Contract Maximum Amount), as adjusted in accordance with Section 3.1(c), to secure Seller’s Obligations until the Commercial Operation Date (“Development Period Security”). Fifty percent (50%) $1,846,400 of the Development Period Security (which is equal to $10,000.00 per MWh per hour of the Contract Maximum Amount) shall be provided to Buyer on the Effective Date, ; and the remaining fifty percent (50%) $1,846,400 of the Development Period Security (which is equal to $10,000.00 per MWh per hour of the Contract Maximum Amount) shall be provided to Buyer within fifteen (15) days after the receipt of the Regulatory Approval. Buyer shall return any undrawn amount of the Development Period Security to Seller within thirty (30) days after the earlier of (i) the termination of this Agreement pursuant to Section 8.1 and (ii) the later of (x) Buyer’s receipt of an undisputed notice from Seller that the Commercial Operation Date has occurred or (y) Buyer’s receipt of the full amount of the Operating Period Security. (b) Beginning not later than three (3) days following the Commercial Operation Date, Seller shall provide Buyer with Credit Support to secure Seller’s Obligations after the Commercial Operation Date through and including the date that all of Seller’s Obligations are satisfied (“Operating Period Security”). The Operating Period Security shall have a Value of $7,410,800 3,692,800 (which is equal to $40,000.00 20,000.00 per MWh per hour of the Contract Maximum Amount), as adjusted in accordance with Section 3.3(b) and Section 3.3(c). Neither the Development Period Security nor the Operating Period Security includes any Default Credit Support, and the unused portion (if any) of such Default Credit Support will be returned to Seller within thirty (30) days after the earlier of (i) the cure of the related Default, (ii) the expiration of the Term or (iii) termination of this Agreement under Section 9.3(b) or Section 10.1(c). The Operating Period Security also does not include the Credit Support provided under Section 3.4(b)(xv), which Credit Support will be returned to Seller upon the achievement of the “Commercial Operation Date” under the Phase II Mayflower Wind Power Purchase Agreement. (c) The Credit Support Delivery Amount, as defined below, will be rounded up, and the Credit Support Return Amount, as defined below, will be rounded down, in each case to the nearest integral multiple of $10,000 (“Rounding Amount”). (d) The following items will qualify as “Credit Support” hereunder in the amount noted under “Valuation Percentage”:

Seller’s Support. (a) Seller shall be required to post Credit Support with a Value in the amount of $7,410,800 (which is equal to $40,000.00 20,000.00 per MWh per hour of Contract Maximum Amount), as adjusted in accordance with Section 3.1(c), Amount to secure Seller’s Obligations until obligations in the period between the Effective Date and the Commercial Operation Date (“Development Period Security”). Fifty percent (50%) of the Development Period Security shall be provided to Buyer on the Effective Date, ; and the remaining fifty percent (50%) of the Development Period Security shall be provided to Buyer within fifteen (15) days Business Days after the receipt of the Regulatory Approval. If at any time prior to the Commercial Operation Date, the amount of Development Period Security is reduced as a result of Buyer’s draw upon such Development Period Security to less than the amount of Development Period Security required to be provided by Seller through the period ending on the Commercial Operation Date, Seller shall replenish such Development Period Security to the amount of Development Period Security required to be provided by Seller through the period ending on the Commercial Operation Date within five (5) days of that draw. Buyer shall return any undrawn amount of the Development Period Security to Seller within thirty (30) days after the earlier of (i) the termination of this Agreement pursuant to Section 8.1 and (ii) the later of (x) Buyer’s receipt of an undisputed notice from Seller that the Commercial Operation Date has occurred or (y) Buyer’s receipt of the full amount of the Operating Period Security. (b) Beginning not later than three (3) days following the Commercial Operation Date, Seller shall provide Buyer with Credit Support to secure Seller’s Obligations obligations under this Agreement after the Commercial Operation Date through and including the date that all of Seller’s Obligations obligations under this Agreement are satisfied (“Operating Period Security”). The Operating Period Security shall have a Value of $7,410,800 (which is be in an amount equal to $40,000.00 20,000.00 per MWh per hour of Contract Maximum Amount). If at any time on or after the Commercial Operation Date, as adjusted in accordance with Section 3.3(b) and Section 3.3(c). Neither the Development Period Security nor the amount of Operating Period Security includes any Default Credit Supportis reduced as a result of Buyer’s draw upon such Operating Period Security, and the unused portion (if any) of Seller shall replenish such Default Credit Support will be returned to Seller within thirty (30) days after the earlier of (i) the cure of the related Default, (ii) the expiration of the Term or (iii) termination of this Agreement under Section 9.3(b) or Section 10.1(c). The Operating Period Security also does not include the Credit Support provided under Section 3.4(b)(xv), which Credit Support will be returned to Seller upon the achievement of the “Commercial Operation Date” under the Phase II Mayflower Wind Power Purchase Agreement. (c) The Credit Support Delivery Amount, as defined below, will be rounded up, and the Credit Support Return Amount, as defined below, will be rounded down, in each case to the nearest integral multiple total amount required under this Section 6.1(b) within five (5) Business Days of $10,000 (“Rounding Amount”)that draw. (d) The following items will qualify as “Credit Support” hereunder in the amount noted under “Valuation Percentage”:

Seller’s Support. (a) Seller shall be required to post Credit Support with a Value in the amount of $7,410,800 (which is equal to $40,000.00 per MWh per hour of Contract Maximum Amount), as adjusted in accordance with Section Sections 3.1(c) and 3.1(f), to secure Seller’s Obligations until obligations in the period between the Effective Date and the Commercial Operation Date (“Development Period Security”). Fifty percent (50%) of the Development Period Security shall be provided to Buyer on the Effective Date, ; and the remaining fifty percent (50%) of the Development Period Security shall be provided to Buyer within fifteen (15) Business Days after receipt of the Regulatory Approval. If at any time, the amount of Development Period Security is reduced as a result of Buyer’s draw upon such Development Period Security to less than the amount of Development Period Security required to be provided by Seller, within five (5) Business Days of that draw Seller shall replenish such Development Period Security to the amount of Development Period Security required to be provided by Seller through the period ending fifteen (15) days after the receipt of the Regulatory Approval. Buyer shall return any undrawn amount of the Development Period Security to Seller within thirty (30) days after the earlier of (i) the termination of this Agreement pursuant to Section 8.1 and (ii) the later of (x) Buyer’s receipt of an undisputed notice from Seller that the Commercial Operation Date has occurred or (y) Buyer’s receipt of the full amount of the Operating Period SecuritySecurity (except to the extent that Development Period Security is converted into Operating Period Security as provided in Section 6.1(b)). (b) Beginning not later than three ten (310) days following the Commercial Operation Date, Seller shall provide Buyer with Credit Support to secure Seller’s Obligations obligations under this Agreement after the Commercial Operation Date through and including the date that all of Seller’s Obligations obligations under this Agreement are satisfied (“Operating Period Security”). The Operating Period Security shall have a Value be in the amount of $7,410,800 (which is equal to $40,000.00 per MWh per hour of Contract Maximum Amount), as adjusted in accordance with Section Sections 3.3(b) and Section 3.3(c(c). Neither If at any time on or after the Development Period Security nor Commercial Operation Date, the amount of Operating Period Security includes any Default Credit Supportis reduced as a result of Buyer’s draw upon such Operating Period Security, and the unused portion within five (if any5) Business Days of that draw Seller shall replenish such Default Credit Support will be returned to Seller within thirty (30) days after the earlier of (i) the cure of the related Default, (ii) the expiration of the Term or (iii) termination of this Agreement under Section 9.3(b) or Section 10.1(c). The Operating Period Security also does not include the Credit Support provided under Section 3.4(b)(xv), which Credit Support will be returned to Seller upon the achievement of the “Commercial Operation Date” under the Phase II Mayflower Wind Power Purchase Agreement. (c) The Credit Support Delivery Amount, as defined below, will be rounded up, and the Credit Support Return Amount, as defined below, will be rounded down, in each case to the nearest integral multiple of $10,000 (“Rounding Amount”total amount required under this Section 6.1(b). (d) The following items will qualify as “Credit Support” hereunder in the amount noted under “Valuation Percentage”:

Seller’s Support. (a) Seller shall be required to post Credit Support with a Value of $7,410,800 7,192,800 (which is equal to $40,000.00 per MWh per hour of Contract Maximum Amount), as adjusted in accordance with Section 3.1(c), to secure Seller’s Obligations until the Commercial Operation Date (“Development Period Security”). Fifty percent (50%) of the Development Period Security shall be provided to Buyer on the Effective Date, and the remaining fifty percent (50%) of the Development Period Security shall be provided to Buyer within fifteen (15) days after the receipt of the Regulatory Approval. Buyer shall return any undrawn amount of the Development Period Security to Seller within thirty (30) days after the earlier of (i) the termination of this Agreement pursuant to Section 8.1 and (ii) the later of (x) Buyer’s receipt of an undisputed notice from Seller that the Commercial Operation Date has occurred or (y) Buyer’s receipt of the full amount of the Operating Period Security. (b) Beginning not later than three (3) days following the Commercial Operation Date, Seller shall provide Buyer with Credit Support to secure Seller’s Obligations after the Commercial Operation Date through and including the date that all of Seller’s Obligations are satisfied (“Operating Period Security”). The Operating Period Security shall have a Value of $7,410,800 7,192,800 (which is equal to $40,000.00 per MWh per hour of Contract Maximum Amount), as adjusted in accordance with Section 3.3(b) and Section 3.3(c). Neither the Development Period Security nor the Operating Period Security includes any Default Credit Support, and the unused portion (if any) of such Default Credit Support will be returned to Seller within thirty (30) days after the earlier of (i) the cure of the related Default, (ii) the expiration of the Term or (iii) termination of this Agreement under Section 9.3(b) or Section 10.1(c). The Operating Period Security also does not include the Credit Support provided under Section 3.4(b)(xv), which Credit Support will be returned to Seller upon the achievement of the “Commercial Operation Date” under the Phase II Mayflower Wind Power Purchase Agreement. (c) The Credit Support Delivery Amount, as defined below, will be rounded up, and the Credit Support Return Amount, as defined below, will be rounded down, in each case to the nearest integral multiple of $10,000 (“Rounding Amount”). (d) The following items will qualify as “Credit Support” hereunder in the amount noted under “Valuation Percentage”: