Common use of Guarantee Provisions Clause in Contracts

Guarantee Provisions. (a) The Buyer shall accept a guarantee in the form attached hereto as Exhibit D (the “Guarantee”) from a guarantor of the Supplier (with the applicable party providing the Guarantee being referred to as the “Guarantor”), provided however that the Guarantor shall have a Credit Rating as listed in any of the four rows contained in the table below. Notwithstanding the foregoing, in the event the Guarantor has a Negative Outlook, then its Credit Rating, for purposes of calculating the Creditworthiness Value of the Guarantor in Section 5.4(b), will be automatically demoted by one level as set forth below. For greater certainty, a Guarantor with a Credit Rating in the 4th level set forth below without a Negative Outlook will no longer be able to provide a Guarantee if it subsequently receives a Negative Outlook. In such event, the Supplier shall be required to provide alternative acceptable security as provided in Section 5.2(b) so as to remain in compliance with the Completion and Performance Security requirements set out in Section 5.1.

Appears in 2 contracts

Samples: Clean Energy Supply Contract, Demand Response Contract

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Guarantee Provisions. (a) The Buyer shall accept a guarantee in the form attached hereto as Exhibit D (the “Guarantee”) from a guarantor of the Supplier (with the applicable party providing the Guarantee being referred to as the “Guarantor”), provided however that the Guarantor shall have a Credit Rating as listed in any of the four rows contained in the table below. Notwithstanding the foregoing, in the event the Guarantor has a Negative Outlook, then its Credit Rating, for purposes of calculating the Creditworthiness Value of the Guarantor in Section 5.4(b6.4(b)(i), will be automatically demoted by one level as set forth below(1) row in the table in Section 6.4(b)(i). For greater certainty, a Guarantor with a Credit Rating in the 4th fourth (4th) level set forth below without a Negative Outlook will no longer be able to provide a Guarantee if it subsequently receives a Negative Outlook. In such eventSubject to Section 6.1(a), the amount of the Guarantee shall be equal to or less than the Creditworthiness Value of the Guarantor, failing which the Supplier shall be required to provide alternative acceptable security Acceptable Security as provided in Section 5.2(b6.2(b) so as to remain in compliance with the Completion and Performance Security requirements set out in Section 5.16.1.

Appears in 1 contract

Samples: Region Peaking Generation Contract

Guarantee Provisions. (a) The Buyer shall accept a guarantee in the form attached hereto as Exhibit D (the “Guarantee”) from a guarantor of the Supplier (with the applicable party providing the Guarantee being referred to as the “Guarantor”), provided however that the Guarantor shall have a Credit Rating as listed in any of the four rows contained in the table below. Notwithstanding the foregoing, in the event the Guarantor has a Negative Outlook, then its Credit Rating, for purposes of calculating the Creditworthiness Value of the Guarantor in Section 5.4(b), will be automatically be demoted by one level as set forth below. For greater certainty, a Guarantor with a Credit Rating in the 4th level set forth below without a Negative Outlook will no longer be able to provide a Guarantee if it subsequently receives a Negative Outlook. In such event, the Supplier shall be required to provide alternative acceptable security as provided in Section 5.2(b) so as to remain in compliance with the Completion and Performance Security requirements set out in Section 5.1.

Appears in 1 contract

Samples: Management Contract

Guarantee Provisions. (a) The Buyer shall accept a guarantee in the form attached hereto as Exhibit D (the “Guarantee”) from a guarantor of the Supplier (with the applicable party providing the Guarantee being referred to as the “Guarantor”), provided however that the Guarantor shall have a Credit Rating as listed in any of the four rows contained in the table below. Notwithstanding the foregoing, in the event the Guarantor has a Negative Outlook, then its Credit Rating, for purposes of calculating the Creditworthiness Value of the Guarantor in Section 5.4(b), will be automatically demoted by one level as set forth belowin the table in Section 5.4(b). For greater certainty, a Guarantor with a Credit Rating in the 4th level fourth row of the table set forth below without a Negative Outlook will no longer be able to provide a Guarantee if it subsequently receives a Negative Outlook. In such eventSubject to Section 5.2(b)(ii), the amount of the Guarantee shall be equal to or less than the Creditworthiness Value of the Guarantor as determined by the foregoing, failing which the Supplier shall be required to provide alternative acceptable security as provided in Section 5.2(b) so as to remain in compliance with the Completion and Performance Security requirements set out in Section 5.1.

Appears in 1 contract

Samples: Ontario Power Authority

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Guarantee Provisions. (a) The Buyer Sponsor shall accept a guarantee in the form attached hereto as Exhibit D Prescribed Form (the “Guarantee”) from a guarantor of the Supplier (with the applicable party providing the Guarantee being referred to as the “Guarantor”), provided however that the Guarantor shall have a Credit Rating as listed in any of the four rows contained in the table below. Notwithstanding the foregoing, in the event the Guarantor has a Negative Outlook, then its Credit Rating, for purposes of calculating the Creditworthiness Value of the Guarantor in Section 5.4(b6.4(b)(i), will be automatically demoted by one level as set forth below(1) row in the table in Section 6.4(b)(i). For greater certainty, a Guarantor with a Credit Rating in the 4th fourth (4th) level set forth below without a Negative Outlook will no longer be able to provide a Guarantee if it subsequently receives a Negative Outlook. In such eventSubject to Section 6.2(a), the amount of the Guarantee shall be equal to or less than the Creditworthiness Value of the Guarantor, failing which the Supplier shall be required to provide alternative acceptable security as provided in Section 5.2(b) 6.2 so as to remain in compliance with the Completion and Performance Security requirements set out in Section 5.16.1.

Appears in 1 contract

Samples: Storage Facility Agreement

Guarantee Provisions. (a) The Buyer shall accept a guarantee in the form attached hereto as Exhibit D (the “Guarantee”) from a guarantor of the Supplier (with the applicable party providing the Guarantee being referred to as the “Guarantor”), provided however that the Guarantor shall have a Credit Rating as listed in any of the four rows contained in the table below. Notwithstanding the foregoing, in the event the Guarantor has a Negative Outlook, then its Credit Rating, for purposes of calculating the Creditworthiness Value of the Guarantor in Section 5.4(b6.4(b), will be automatically demoted by one level as set forth below(1) row in the table in Section 6.4(b). For greater certainty, a Guarantor with a Credit Rating in the 4th fourth (4th) level set forth below without a Negative Outlook will no longer be able to provide a Guarantee if it subsequently receives a Negative Outlook. In such eventSubject to Section 6.2, the amount of the Guarantee shall be equal to or less than the Creditworthiness Value of the Guarantor, failing which the Supplier shall be required to provide alternative acceptable security as provided in Section 5.2(b6.2(b) so as to remain in compliance with the Completion and Performance Security requirements set out in Section 5.16.1.

Appears in 1 contract

Samples: Power Authority

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