Examples of Margin Collateral in a sentence
Party B covenants and agrees that it will not sell, assign, transfer, exchange or otherwise dispose of, or grant any option with respect to, any of the Margin Collateral or the Collateral, nor will it create, incur or permit to exist any lien on or with respect to any of the Margin Collateral or the Collateral, any interest therein, or any proceeds thereof, except for the security interests created under this Agreement or otherwise under any agreement between Party B and Party A or any of its affiliates.
For the avoidance of doubt, any ICR Collateral posted pursuant to Section 5.4 shall not constitute Margin Collateral.
The parties agree that Party A and its affiliates shall have the rights and remedies of a secured creditor under the New York Uniform Commercial Code (the "UCC") and under any other applicable law or agreement to exercise any right with respect to the Margin Collateral and the Collateral subject to the security interest granted under the Agreement.
If the Companies determine in their sole discretion that they are unable to adequately assess the XXXX Supplier’s or Guarantor’s creditworthiness or the credit rating of the XXXX Supplier or its Guarantor is insufficient, such XXXX Supplier shall be required to post ICR Collateral in accordance with Section 6.4 and Margin Collateral in accordance with Section 6.7.
The Margin Collateral shall be in an amount equal to the Margin less the amount of any Margin Collateral already posted by the XXXX Supplier in which the Companies have a first priority, perfected security interest to secure the obligations of the XXXX Supplier under this Agreement and any Other XXXX Supply Agreement.
If the XXXX Supplier fails to supply a substitute Letter of Credit as required, then the Companies will have the right to draw on the existing Letter of Credit and to hold the amount as Margin Collateral, as applicable.
Upon receipt of a Margin Call, the applicable XXXX Supplier shall provide to the Companies Margin Collateral, which shall comprise of cash, a Letter of Credit, or First Mortgage Bonds delivered or pledged as provided for in Section 6.9(c) below.
If the XXXX Supplier receives a Margin Call after 1:00 p.m. prevailing Eastern Time on a Business Day, whether posting cash, a Letter of Credit, or First Mortgage Bond delivered or pledged as provided for in Section 6.9(c) below, then the XXXX Supplier must post Margin Collateral on the second Business Day following the Margin Call unless the Companies agree in writing to extend the period to provide Margin Collateral.
Party B represents and warrants that it owns the Margin Collateral and the Collateral to be pledged and assigned to each of Party A and its affiliates hereunder and under any other agreement between Party B and Party A or any of its affiliates, free and clear of any liens, equities, claims (including, without limitation, participation interests) and transfer restrictions.
Margin Collateral being held by the Companies not needed to satisfy the Margin (“Excess Collateral”), will be returned to the XXXX Supplier upon receipt of a written request from the XXXX Supplier; provided, however, that the XXXX Supplier may not request Excess Collateral until such Excess Collateral exceeds the Minimum Margin Threshold.