Performance Assurances. Each Series A Member shall deliver, or cause to be delivered on such Series A Member’s behalf, to the Series (except to the extent delivered prior to the date hereof):
Performance Assurances. Each Series B Member shall deliver, or cause to be delivered on such Series B Member’s behalf, to the Series:
Performance Assurances. (i) Each Member shall deliver, or cause to be delivered on such Member’s behalf to the Company performance assurances (“Performance Assurances”) at the times and in the amounts specified on the Series Schedule relating to such Series appended by the Series A Management Committee to this Agreement pursuant to Section 3.01(c). Each such Series Schedule is incorporated herein by reference.
Performance Assurances. (1) Should the creditworthiness, financial strength, or performance viability of a Party (the “Second Party”) become unsatisfactory to the other Party (the “Requesting Party”) in such Requesting Party’s commercially reasonably exercised discretion with regard to any transaction pursuant to this Agreement, the Requesting Party may require the Second Party to post or provide at the Second Party’s option: (a) a Letter of Credit; (b) other collateral or security by the Second Party that is acceptable to the Requesting Party in its commercially reasonably exercised discretion; (c) a Guarantee Agreement; or (d) some other mutually agreeable method of satisfying the Requesting Party (the items described in (a) through (d) are referred to as “Performance Assurance”). The Requesting Party may only request, and the Second Party shall only be required to provide, Performance Assurance in a commercially reasonable amount under the circumstances, and in any event, in a total amount up to the sum of the following: (i) the amount, if any, billed to and outstanding from the Second Party as of the date of such request, plus (ii) the amounts projected to be due and owing from the Second Party on the weekly invoice payment dates under Section 6.6 that fall within the 15 calendar day period following the date of such request (with such projection to be calculated by the Requesting Party, acting reasonably pursuant to this Agreement). The Second Party may request from the Requesting Party that the Performance Assurance be returned or reduced, on the condition that such a request shall only be made once every sixty (60) days during any period when a Performance Assurance has been provided. The Requesting Party shall be required to return or reduce the Performance Assurance, after receipt of the request from the Second Party, if, reasonably considering whether the factors that justified the Requesting Party’s request for Performance Assurance have been removed or improved, it is commercially reasonable to do so.
Performance Assurances. (1) Should a Party have reasonable grounds to believe that the other Party’s creditworthiness, or performance under this Agreement has become unsatisfactory to the other Party in such other Party’s commercially reasonably exercised judgment, the dissatisfied Party (the “Requesting Party”) may require the other Party (the “Second Party”) to provide Performance Assurance, the type of which shall be at the Second Party’s option, but subject to the Requesting Party’s acceptance based upon commercially reasonably exercised judgment.
Performance Assurances. Project Company will deliver to City security for its obligations under the Lease Agreements including, without limitation, to maintain and operate and perform its obligations with respect to the XXXX. (“Performance Security”). The Performance Security must be delivered to City in the form of a Performance Bond from a reputable Insurance Company in a form satisfactory to the City prior to COD.
Performance Assurances. Purchaser has the authority and ability to provide financial and performance assurances to Seller to enable Purchaser to meet the obligations contained in this Agreement.
Performance Assurances
