Posting of Collateral. If Party A or any guarantor under a Qualified Guaranty is assigned Limited Qualifying Ratings or Disqualifying Ratings by a Rating Agency, then, within, with respect to:
Posting of Collateral. To protect either Party against potential default of payment or performance, a Party experiencing a MAC (a “MAC Party”) shall post Collateral with the other Party (the “Secured Party”) in an amount equal to the highest three (3) Months of Seller’s xxxxxxxx under this Agreement for the previous twelve (12) Months (the “Collateral Amount”); provided, if such billing amount is not determinable, then the Collateral Amount shall be determined utilizing the highest three (3) Months of Xxxxxx Cooper’s xxxxxxxx under the CIA. Such Collateral shall be posted on the Commencement Date or within three (3) Business Days following date on which a MAC Notice is provided, as applicable. The Collateral may be in the form of:
Posting of Collateral. From and after the Effective Date, post directly or indirectly any collateral with respect to any power, gas or other commodity purchases of sales or any hedging transactions with any Person other than (a) collateral postings for transactions outstanding on the Effective Date which, as of the Effective Date, are under obligation to be returned to the Reliant Retail Obligors, (b) in accordance with Section 2.07 and Section 6.11(c)(iv)(I) and (c) during the Transition Period and the Unwind Period, in connection with power, gas or other commodity purchases of sales or any hedging transactions entered into in accordance with Section 2.01(b) and, in which event, only with Available Funds.
Posting of Collateral. From and after the Effective Date, post directly or indirectly any collateral with respect to any power, gas or other commodity purchases of sales or any hedging transactions with any Person other than (a) in accordance with Section 2.07 and (b) during the Transition Period and the Unwind Period, in connection with power, gas or other commodity purchases of sales or any hedging transactions entered into in accordance with Section 2.01(b) and, in which event, only with Available Funds.
Posting of Collateral. Post directly or indirectly any collateral with respect to any power, gas or other commodity purchases or sales or any hedging transactions with any Person other than (a) collateral postings for transactions outstanding on the Third A&R Date which, as of the Third A&R Date, are under obligation to be returned to the Reliant Retail Obligors, (b) the Sleeve Provider, and (c) during an Unwind Period, in connection with power, ancillary services, transmission, distribution, gas, REC or other commodity purchases or sales, ERCOT requirements or any hedging transactions entered into in accordance with Section 2.01(b) and, in which event, only with funds available pursuant to Section 6.11(c)(xi).
Posting of Collateral. (a) Upon the occurrence of the eighth DCL Guaranty Payment Failure, DCL shall post to the Collateral Posting Account, for the benefit of the FSA Parties, Eligible Collateral in the amount of $10 million (such posting, the “Collateral Posting”). The Collateral Posting shall be required to be made by DCL within the Cure Period following such eighth DCL Guaranty Payment Failure. For each DCL Guaranty Payment Failure occurring after the Collateral Posting, DCL shall post to the Collateral Posting Account, for the benefit of the FSA Parties, Eligible Collateral in an amount sufficient to cause the amount on deposit in the Collateral Posting Account (other than amounts deposited pursuant to Section 5.1(b)) to equal $10 million.
Posting of Collateral. If Party A or its guarantor under a Qualified Guaranty has Limited Qualifying Ratings or Disqualifying Ratings assigned by a Rating Agency, then, during the period commencing no later than the earlier of (1) thirty (30) Local Business Days thereafter with respect to Moody's ratings; or (2) ten (10) Business Days thereafter with respect to S&P ratings; or (3) thirty (30) calendar days thereafter with respect to Fitch ratings (or, in each case, if such ratings exist from the time Party A becomes a party hereto or the guarantor under a Qualified Guaranty becomes such guarantor, from such time), and for so long as such Limited Qualifying Ratings or Disqualifying Ratings continue, Party A shall, at its own expense, post collateral in accordance with the Credit Support Annex, unless, prior to the commencement of such time period, Party A either, in each case subject to the S&P Rating Condition, (x) novates, assigns or transfers the Transactions to or replaces the Transactions with Replacement Transactions with a Qualified Transferee; or (y) obtains a Qualified Guaranty.
Posting of Collateral. At any time and from time to time, upon the request of the Borrower, the Lender may approve the pledge of additional property partnerships, equity interests in MTEs related to additional property partnerships, construction loans, or any other type of collateral proposed by the Borrower, subject to the approval of MRC Investment Committee (“Lender’s Credit Committee”) in its sole and absolute discretion, as additional Collateral securing the Obligations hereunder. Upon the approval of Lender’s Credit Committee, in its sole discretion, of one or more additional property partnerships, equity interests, construction loans or additional collateral as Collateral securing the Obligations, such additional collateral shall be deemed a Property Partnership, Corporate Property Partnership or Additional Collateral hereunder, as agreed to by Lender and Borrower, and the Borrower, MTE and/or Guarantor, as the case may be, shall execute an equity pledge agreement or pledge and security agreement in the form substantially similar to the Pledge Agreements. Schedule B attached hereto and listing the Property Partnerships shall automatically and without further actions of either party be amended to include such additional property partnerships as Collateral.
