Collateral Threshold. If the Parties have in place between them an Edison Electric Institute Master Power Purchase and Sale Agreement, and have selected Collateral Threshold Applicable under EEI on the Cover Sheet, then, notwithstanding whether an Event of Default has occurred, the Termination Payment that would be owed to by a Party hereunder will be included in the calculation of each Party’s Termination Payment under (and as defined in) such agreement, and an event of default under such agreement will be an Event of Default hereunder and an Event of Default hereunder will be an event of default under such agreement. If the Parties have in place between them an ISDA Master Agreement with Credit Support Annex, and have selected Collateral Threshold Applicable under ISDA on the Cover Sheet, then, notwithstanding whether an Event of Default has occurred, the Termination Payment that would be owed to by a Party hereunder will be included in the calculation of each Party’s Exposure under (and as defined in) such agreement, and an event of default under such agreement will be an Event of Default hereunder and an Event of Default hereunder will be an event of default under such agreement. If the Parties have elected either of the two foregoing options but at any time do not have in effect between them the referenced other agreements, or such referenced agreements do not provide for the exchange of margin or collateral thresholds, or if the Parties have selected Collateral Threshold Applicable Standalone on the Cover Sheet, if at any time and from time to time, notwithstanding whether an Event of Default has occurred, the Termination Payment that would be owed to by a Party plus that Party’s Independent Amount, if any, exceeds the Collateral Threshold specified, then the Party to whom such amount would be owed, on any Business Day, may request that owing Party to provide Performance Assurance in an amount equal to the amount of such excess, less any Performance Assurance already posted. Such Performance Assurance will be provided within three Business Days of the date of request. On any Business Day, but no more frequently than weekly with respect to letters of credit and daily with respect to cash, if there has been a reduction in the amount of such excess, the posting Party may request that such Performance Assurance be reduced correspondingly by the amount of such excess, if any. Failure to provide such Performance Assurance to the requesting Party within three Business Days of re...
Collateral Threshold. Not Applicable Applicable under EEI Applicable under ISDA Applicable Standalone Not Applicable Applicable under EEI Applicable under ISDA Applicable Standalone If Applicable Standalone, complete the following: If Applicable Standalone, complete the following:
Collateral Threshold. ■ Not Applicable □ Applicable If applicable, complete the following: Party A Collateral Threshold: $ ; provided, however, that Party A’s Collateral Threshold shall be zero if an Event of Default or Potential Event of Default with respect to Party A has occurred and is continuing. Party A Independent Amount: $ -0- Party A Rounding Amount: $-0-
Collateral Threshold. Not Applicable Applicable under EEI Applicable under ISDA Applicable Standalone Not Applicable Applicable under EEI Applicable under ISDA Applicable Standalone If Applicable Standalone, complete the following: If Applicable Standalone, complete the following:
Collateral Threshold. Not Applicable Not Applicable Applicable under EEI Applicable under EEI Applicable under ISDA Applicable under ISDA Applicable Standalone Applicable Standalone If Applicable Standalone, complete the following: If Applicable Standalone, complete the following: Party B Collateral Threshold: $ ; provided, however, that Party B’s Collateral Threshold is zero if an Event of Default or Potential Event of Default with respect to Party B has occurred and is continuing. Party A Collateral Threshold: $ provided, however, that Party A’s Collateral Threshold is zero if an Event of Default or Potential Event of Default with respect to Party A has occurred and is continuing. Party B Independent Amount: $ Party A Independent Amount: $
Collateral Threshold. Not Applicable Applicable If applicable, complete the following: Party B Collateral Threshold: The Collateral Annex does not secure the obligations of Party B under this Master Agreement (d)
Collateral Threshold. Not Applicable. Applicable, as specified in Paragraph 10 to the EEI Collateral Annex. (d)
Collateral Threshold. ⌧ Not Applicable □ Applicable If applicable, complete the following: Party A Collateral Threshold: $ ; provided, however, that Party A’s Collateral Threshold shall be zero if an Event of Default or Potential Event of Default with respect to Party A has occurred and is continuing. Party A Independent Amount: $ Party A Rounding Amount: $ (d) Downgrade Event: □ Not Applicable ⌧ Applicable If applicable, complete the following: ⌧ It shall be a Downgrade Event for Party A if Party A’s Credit Ratings from both S&P and Moody’s fall below BBB and Baa2, respectively, or if Party A is not rated by either S&P or Moody’s. □ Other: Specify: (e) Guarantor for Party A: Guarantee Amount: Article 10 Confidentiality ⌧ Confidentiality Applicable If not checked, inapplicable. Schedule M □ Party A is a Governmental Entity or Public Power System ⌧ Party B is a Governmental Entity or Public Power System ⌧ Add Section 3.6. If not checked, inapplicable ⌧ Add Section 8. If not checked, inapplicable. Collateral description as follows: Party B shall direct Pacific Gas & Electric (“PG&E”) to deposit into a lockbox account, in favor of Party A, all of the proceeds of all of the customer account receipts (net of the amounts to be paid to PG&E) received by Party B from the sale of the Product to its customers. Party A shall receive, in accordance with an account control agreement, payments for its invoice for the previous calendar month and after Party A’s invoice is paid, the amounts remaining in such lockbox shall be immediately released to Party B on the 25th of each calendar month. Party A acknowledges that revenues from customer account receipts may be subject to a lien securing secured loan facilities for Party B provided that Party A, Party B and the lender(s) of such secured loan facilities shall have agreed to an intercreditor agreement acceptable to Party A in its reasonable discretion to the extent that Party A’s lien on the amounts in the lockbox is at least pari passu with the lien of Party B’s lender(s). The Parties agree that the lockbox account shall be in the name of Party B, and any interest earned thereon shall accrue in favor of Party B.
Collateral Threshold. On any day during the term of the Base Contract that an Event of Default has not occurred, the amount of Exposure that either Atlas DE or GASMARK will accept in Transactions with the other without requiring the posting of additional collateral shall be Ten Million Dollars ($10,000,000)(the “Collateral Threshold”). For purposes of this Amendment, “Exposure” shall mean the Market Value of all Terminated Transactions, Excluded Transactions and other applicable charges that either Party would owe to the other on the date of calculation if an Early Termination Date had been designated, as provided for in Section 10.3.1
Collateral Threshold. [x] Not Applicable [ ] If applicable, complete the following: Party B Collateral Threshold: ; provided, however, that Party B's Collateral Threshold shall be zero if an Event of Default or Potential Event of Default with respect to Party B has occurred and is continuing.
