Exercise of Rights Against Performance Assurance. Subparagraph 7(a)(i) is amended by replacing the words “and any other applicable jurisdiction” with “(as adopted by the applicable jurisdiction)”.
Exercise of Rights Against Performance Assurance. (a) If an Event of Default with respect to Seller has occurred and is continuing or an Early Termination Date has occurred or been designated as a result of an Event of Default with respect to Seller, Buyer may exercise any one or more of the rights and remedies provided under this Agreement, or as otherwise available under Applicable Law. Without limiting the foregoing, if at any time an Event of Default with respect to Seller has occurred and is continuing, or an Early Termination Date occurs or is deemed to occur as a result of an Event of Default with respect to Seller, then Buyer may, in its sole discretion, exercise any one or more of the following rights and remedies:
Exercise of Rights Against Performance Assurance. In the event that:
Exercise of Rights Against Performance Assurance. (a) In the event that (i) a Default with respect to Pledging Party has occurred and is continuing or (ii) an Early Termination Date has occurred or has been designated as a result of a Default with respect to the Pledging Party, the Secured Party may exercise any one or more of the rights and remedies provided under the Agreement, including, without limitation, this Collateral Annex, or as otherwise available under applicable law. Without limiting the foregoing, if at any time a Default with respect to Pledging Party has occurred and is continuing, then Secured Party may, in its sole discretion, exercise any one or more of the following rights and remedies:
Exercise of Rights Against Performance Assurance. (a) In the event that (i) a Default with respect to Pledging Group has occurred and is continuing, (ii) a failure by the Pledging Group to renew a Letter of Credit within the time period set forth in this Agreement, or (iii) an Underlying Master Agreements Close-Out has occurred or been designated as a result of a Default or failure to renew a Letter of Credit with respect to Pledging Group, Secured Group may exercise any one or more of the rights and remedies provided under the Agreement, including, without limitation, this Collateral Annex, or as otherwise available under applicable law. Without limiting the foregoing, if at any time (i) a Default with respect to Pledging Group has occurred and is continuing, (ii) a failure by the Pledging Group to renew a Letter of Credit within the time period set forth in this Agreement or (iii) or an Underlying Master Agreements Close-Out has occurred or been designated as a result of a Default or a failure to renew a Letter of Credit with respect to Pledging Group, then Secured Group may, in its sole discretion, exercise any one or more of the following rights and remedies:
Exercise of Rights Against Performance Assurance. (a) In the event that an Event of Default with respect to the Pledging Party has occurred and is continuing, the Secured Party may exercise any one or more of the rights and remedies provided under the Contract, in this CSA, or as otherwise available under applicable law. Without limiting the foregoing, if at any time an Event of Default with respect to the Pledging Party has occurred and is continuing, then the Secured Party may, in its sole discretion, exercise any one or more of the following rights and remedies:
Exercise of Rights Against Performance Assurance. In the event that an Event of Default with respect to the Seller has occurred and is continuing or an Early Termination Date has occurred or been designated as a result of an Event of Default with respect to the Seller, SDG&E may exercise any one or more of the rights and remedies provided under this Agreement, or as otherwise available under applicable Law. Without limiting the foregoing, if at any time an Event of Default with respect to the Seller has occurred and is continuing, or an Early Termination Date occurs or is deemed to occur as a result of an Event of Default with respect to the Seller, then SDG&E may, in its sole discretion, exercise any one or more of the following rights and remedies: all rights and remedies available to SDG&E under the Uniform Commercial Code and any other applicable jurisdiction and other applicable Laws with respect to the Performance Assurance held by or for the benefit of SDG&E; the right to set off any Performance Assurance held by or for the benefit of SDG&E against and in satisfaction of any amount payable by the Seller in respect of any of its obligations; and the right to draw on any outstanding Letter of Credit issued for its benefit. SDG&E shall be under no obligation to prioritize the order with respect to which it exercises any one or more rights and remedies available hereunder. The Seller shall in all events remain liable to SDG&E for any amount payable by the Seller in respect of any of its obligations remaining unpaid after any such liquidation, application and set off. Subject to Section 5.2 above, in the event that SDG&E draws or otherwise sets off any portion of the Performance Assurance, Seller shall replenish such drawn or set off amount so as to maintain the full amount of the Performance Assurance as required under Section 5.1 above.
Exercise of Rights Against Performance Assurance. (a) In the event that (i) a Default with respect to Pledging Group has occurred and is continuing, or (ii) an Underlying Master Agreements Close-Out has occurred or been designated as a result of a Default with respect to Pledging Group, Secured Group may exercise any one or more of the rights and remedies provided under the Agreement, including, without limitation, this Collateral Annex, or as otherwise available under applicable law. Without limiting the foregoing, if at any time (i) a Default with respect to Pledging Group has occurred and is continuing, (ii) or an Underlying Master Agreements Close-Out has occurred or been designated as a result of a Default with respect to Pledging Group, then Secured Group may, in its sole discretion, exercise any one or more of the following rights and remedies:
Exercise of Rights Against Performance Assurance. In the event that: (1) an Event of Default with respect to the Pledging Party has occurred and is continuing, and all required notices have been given and any cure periods set forth in this Agreement have run; or (2) the Agreement is terminated by any Party prior to the expiration of the term, a Secured Party may exercise any one or more of the rights and remedies provided under the Agreement or as otherwise available under applicable Kentucky law, including, without limitation, exercising any one or more of the following rights and remedies:
