Material Change in Buyer’s Financial Position Sample Clauses

Material Change in Buyer’s Financial Position. During the Term but no earlier than the date falling six (6) months after the Effective Date, if Buyer (or its Credit Support Provider) does not provide financial information in accordance with Section 11.1, or Buyer or Buyer’s Credit Support Provider does not have an Investment Grade Rating, then, whether or not an Event of Default has occurred or is continuing with respect to the Buyer, Seller may request Performance Assurance from Buyer. If Performance Assurance is not received within five (5) Business Days of being requested, then an Event of Default will be deemed to have occurred with respect to the Buyer and Seller will be entitled to the remedies set forth in Article VI. Despite any other provision of this Agreement, at no time during the Term will Buyer be required to provide, or maintain, Performance Assurance more than the Termination Payment that would be owed by Buyer to Seller if the Agreement were to be terminated pursuant to Section 6.2.