Examples of Purchaser’s Performance in a sentence
Such Purchaser’s Performance Security will not be required after the Commercial Operation Date if the Purchaser’s senior unsecured debt rating at any time is rated at or above a Standard & Poor’s rating of “A-” or a Xxxxx’x rating of A3 (such rating levels to be equitably adjusted if either rating agency were in the future to change its rating standards).
If Seller at any time has reasonable grounds to believe that Purchaser’s or Purchaser’s Performance Assurance provider’s creditworthiness or performance under this Agreement has or will become unsatisfactory, or if Purchaser or Purchaser’s Performance Assurance provider experiences a Downgrade Event, then Seller may by written notice require Purchaser to provide Performance Assurance within three (3) Business Days.
In the event credit is provided by Rohrer to Purchaser (in which case the terms of the applicable Credit Agreement shall govern and control over this Agreement), or Performance Assurance (as hereinafter defined) is required by Rohrer of Purchaser, Purchaser shall provide to Rohrer, as requested by Rohrer, such annual or interim reports containing Purchaser’s and/or Purchaser’s Performance Assurance provider’s consolidated financial statements for a particular fiscal year or accounting period, as requested.
To the extent any Purchaser’s Performance Assurance is held in cash and is subsequently drawn upon, Purchaser shall replenish such Purchaser’s Performance Assurance in cash by the amount of any such draw within fifteen (15) Business Days of such draw.
OBLIGATION TO CLOSE 27 8.1. Accuracy of Representations; Purchaser’s Performance 27 8.2. Additional Documents 27 8.3. No Injunction 27 9.
After being required to provide Purchaser’s Performance Assurance, Purchaser will maintain such Purchaser’s Performance Assurance during any period that Purchaser fails to qualify as a Creditworthy Entity.
Purchaser’s Performance Assurance shall be released upon Purchaser’s notice and sufficient evidence that it qualifies as a Creditworthy Entity, or upon the first date that both the Term has ended and Purchaser has satisfied all of its payment obligations to Seller under this Agreement.
To the extent of any draw or demand upon the Purchaser’s Performance Assurance, Purchaser shall replenish such Purchaser’s Performance Assurance within fifteen (15) Business Days of such draw or demand, for example, by delivering to Seller a supplemental letter of credit in the amount of any such draw or demand, as applicable.
Thus, there are concerns about double recovery if individual headright owners andFLETCHER v.
In the event credit is provided by Lee Brass to Purchaser, or Performance Assurance (as hereinafter defined) is required by Lee Brass of Purchaser, Purchaser shall provide to Lee Brass, as requested by Lee Brass, such annual or interim reports containing Purchaser’s and/or Purchaser’s Performance Assurance provider’s consolidated financial statements for a particular fiscal year or accounting period, as requested.