Seller Security. Schedule 3.16 contains a true, complete and correct listing of the cash collateral, letters of credit, and guaranties (“Seller’s Security”) in effect as of the date of this Agreement securing the performance of the Ozark Gas Companies under Material Contracts and other obligations of any member of the NOARK Group or the Business.
Seller Security. Schedule 4.16 contains a true and complete listing of the cash collateral, letters of credit, and guaranties in effect as of the date of this Agreement securing the performance of the Company under the Material Contracts and other obligations of the Company with respect to the activities currently conducted by the Company with respect to the Assets.
Seller Security. Within ten (10) Business Days after the satisfaction of the Tier 1 Buyers’ CP, Seller shall cause the Seller Credit Support to be provided to Buyers. The “Seller Credit Support” shall be maintained throughout the term of this Agreement and take the form of (i) a guaranty from an Affiliate of Seller with an Investment Grade Rating or (ii) a Surety Bond from a major U.S. commercial bank or surety company or the U.S. branch of a foreign bank or surety company with total assets of at least t , and such bank or surety company having a long term senior debt obligations of which are rated “BBB+” or better by Standard & Poor’s (S&P) or “Baa1” or better by Moody’s (or an equivalent rating from an equivalent rating agency as may be approved by Buyers. The Seller Credit Support shall be in an aggregate amount of . Seller may change the form of Seller Credit Support from time to time so long as such credit support is reasonably acceptable to Buyers and there is no lapse in Seller Credit Support. The form of Seller Credit Support shall be substantially in the form of Exhibit E (Guaranty) or one of the two forms attached as Exhibit C (Surety Bond). If the Seller Credit Support is in the form of a surety bond, Seller will furnish the audited financial statements of the surety company for the end of every fiscal year of such surety company. If the total assets of the surety company falls below asset requirement or the general long-term senior unsecured debt obligation rating falls below BBB+ as rated by S&P Global Ratings, or Baa1 as rated by Xxxxx’x Investors Service, Inc. or a comparable rating by an entity succeeding to the functions and business of such rating agencies, then Buyer shall provide notice to Seller that it is in breach of its obligations under this Section 11.1, and Seller shall have ninety (90) days from notice to comply with this Section 11.1.
Seller Security. Seller Disclosure Schedule 4.18 contains a true and complete listing of the cash collateral, letters of credit, and guaranties in effect as of the date of this Agreement securing the performance of UNEV Pipeline under the Material Contracts and other obligations of UNEV Pipeline with respect to the activities currently conducted by UNEV Pipeline with respect to the Pipeline.
Seller Security. 9.1.1 As security for Seller’s obligations under or related to this Agreement, within fifteen (15) Business Days of receipt of notice from Buyer in accordance with Section 2.1 that the Effective Date has occurred, Seller shall deliver to Buyer and shall thereafter maintain security consisting of Letters of Credit in an aggregate amount through Project COD equal to the product of (a) the Project Capacity and (b) one hundred and fifty thousand dollars ($150,000) per MW (the “Security Amount”). The initial Seller Security may not include a Guaranty, and may only be in the form of a Letter of Credit, but after Project COD has been achieved, Seller may provide or substitute Guaranties or Letters of Credit as provided in Section 9.2.1. Seller shall maintain the Seller Security in the Security Amount, at Seller’s sole cost and expense, until the latest of (x) the end of the Term, (y) completion of all payments Seller is obligated to make to Buyer at any time, including any Termination Payment and/or Liquidated Damages, and (z) in the event any payment has been made by Seller to Buyer within ninety-eight (98) Days prior to the end of the Term or any payment is due by Seller to Buyer as of the end of the Term, the date of which is ninety-eight (98) Days following the date on which the last such payment is made.
Seller Security. SELLER will implement reasonable and appropriate measures for the SELLER Network (as determined by SELLER) designed to help Customer secure Customer Content against accidental or unlawful loss, access or disclosure (the "Security Objectives") in accordance with the SELLER Security Standards. SELLER may modify the SELLER Security Standards from time to time, but will continue to provide at least the same level of security as is described in the SELLER Security Standards on the Effective Date.
Seller Security. In order to guarantee the fulfillment by the Seller of its Indemnification Obligations pursuant to Article 10 of this Agreement, the Residual Distribution is hereby created by the Seller as a security up to the maximum amount of Euro 1,500,00 (one million five hundred thousand) (“Seller Security”). On the Closing Date the Seller will execute with the Buyer a letter whereby the credit of the Seller vis-à-vis the Company deriving from the Residual Distribution is pledged in favour of the Buyer always up to the above maximum amount of Euro 1,500,00 (one million five hundred thousand).
Seller Security. The Parties agree that the Purchaser shall not be required, and the Purchaser is hereby released from its obligation, to provide a bank guarantee in accordance with § 8(2)f) in conjunction with § 5(b) of the SPA for Seller Security, irrespective of any Seller Security in relation to which the Purchaser has not provided a written confirmation that such Seller Security has been replaced by the Closing Date (if any).
Seller Security. Schedule 3.14 contains a true and complete listing of the cash collateral, letters of credit, and guaranties (“Seller’s Security”) in effect as of the date of this Agreement securing the performance of the Elk City Entities under Material Contracts and other obligations of the Elk City Entities with respect to the Elk City Business.
Seller Security
