Adequate Assurances means posting a bond or providing a letter of credit reasonably acceptable to the Indemnitee; provided, however, if the Indemnifying Party fails to post such bond or provide such letter of credit, the Indemnifying Party shall provide cash equal to the Indemnity Amount to the Indemnitee not less than thirty (30) days prior to the date on which such Tax would become due and payable by the Indemnitee.
Adequate Assurances means any collateral, including cash, Letter(s) of Credit (as hereinafter defined), credit provisions, assurances, or such other collateral that is has been deemed reasonably acceptable to End Customer and COALSALES II under the terms of the End Customer Contract. “Letter(s) of Credit” means one or more irrevocable, transferable, standby letters of credit issued by a U.S. commercial bank or a foreign bank with a U.S. branch, such bank having a credit rating of at least A from S&P or A3 from Mxxxx’x.
Adequate Assurances means the Adequate Assurances provided by the Shippers and accepted by the Carrier in accordance with Item No. 15 of these Rules and Regulations.
Examples of Adequate Assurances in a sentence
Right to Adequate Assurances: When reasonable grounds for insecurity arise with respect to Subcontractor’s performance, Contractor may in writing demand adequate assurance of due performance.
Without limiting PacifiCorp’s rights under Article VIII hereof, if Counterparty has failed to make a timely payment hereunder, and PacifiCorp has reasonable grounds for insecurity regarding the performance of any obligation of Counterparty hereunder (whether or not then due), PacifiCorp may demand Adequate Assurances of Performance.
Right To Adequate Assurances: When reasonable grounds for insecurity arise with respect to Subcontractor’s performance, Contractor may in writing demand adequate assurance of due performance.
Such Adequate Assurances of Performance shall be provided within three business days after a written demand is made by PacifiCorp.
Adequate Assurances under Section 11.14 [shall][shall not] apply to the Agreement.
More Definitions of Adequate Assurances
Adequate Assurances means collateral in the form of cash, letters of credit, or other security acceptable to Seller.
Adequate Assurances means sufficient security in a form, amount, for a term, and from an issuer acceptable to Enterprise, including, but not limited to, a Letter of Credit, cash, a prepayment, or a parent guaranty in form and substance satisfactory to Enterprise of the prompt payment, when due, of any and all present or future indebtedness of Customer as a result of Enterprise’s performance of the Services hereunder.
Adequate Assurances shall have the meaning given in Article 8.7.
Adequate Assurances means adequate assurance of performance as described in Section 2-609 of the UCC.
Adequate Assurances means, with respect to the Borrower’s intent to cure an Overcollateralization Default Event with an Eligible Investment that is a Participation Interest and the loan underlying that Participation Interest is subject to a Lien, then (x) the Borrower shall have provided to the Administrative Agent within the time period prescribed for curing an Overcollateralization Default Event in accordance with Section 7.01(b) (Overcollateralization Default Event), (i) a written certification from each of the Borrower, the Manager and the Equity Owner representing that (A) the Administrative Agent will be provided with a Lien Release Confirmation Letter with respect to the Lien on such loan identifying the subject loan in particular detail, including Obligor and CUSIP (if applicable) (such particularly identified subject loan, an “Identified Loan”) within two (2) Business Days of the Overcollateralization Default Event and that the Identified Loan constitutes an Eligible Investment (other than on account of the existence of the Lien thereon) and (B) there is no default or event of default under any lending arrangement between the Equity Owner or its Affiliates and the party holding a Lien on the Identified Loan, (ii), a written request, with a copy to the Administrative Agent, to the party holding such Lien that such party provide the Borrower, with a copy to the Administrative Agent, a Lien Release Confirmation Letter with respect to the Identified Loan within two (2) Business Days, and (iii) a written confirmation (which may be in the form of an e-mail) from the party holding such Lien that the Lien on the Identified Loan will be irrevocably and unconditionally released and that the Administrative Agent may rely on such confirmation, (y) the Administrative Agent shall receive a Lien Release Confirmation Letter with respect to the Identified Loan within two (2) Business Days of the Overcollateralization Default Event and (z) the Participation Interest shall become an Eligible Investment on the same Business Day that the Lien Release Confirmation Letter is provided to the Administrative Agent; provided that the failure to satisfy the requirements set forth above in a manner reasonably acceptable to the Administrative Agent shall result in a failure by the Borrower to provide Adequate Assurances.
Adequate Assurances shall have the meaning given in Section 20.3.
Adequate Assurances means (i) a Letter of Credit, (ii) unconditional guaranty of all of Buyer’s payment obligations under the Agreement by a guarantor having an investment grade rating (as described in Section 20.2 above), (iii) cash collateral equal to at least [*] days of Coal shipments to Buyer for Coal sold under this Agreement based on historical data (or such greater amount as is determined pursuant to Section 20.2), or (iv) other payment security reasonably satisfactory to Seller. A “Letter of Credit” satisfying clause (i) of the definition of Adequate Assurances shall (A) be in an initial amount and maintained at an amount equal to at least [*] days of Coal shipments to Buyer for Coal sold under the Agreement based on historical date (or such greater amount as is determined pursuant to Section 20.2) and (B) be one or more irrevocable, transferable standby letters of credit issued by a U.S. commercial bank or a foreign bank with a U.S. branch with such bank having a credit rating of at least “A-“ from Standard & Poor’s or “A3” from Mxxxx’x (or an equivalent rating from another nationally recognized public rating agency), in form and substance reasonably acceptable to Seller. Buyer shall be solely responsible for all costs of and associated with any Letter of Credit and Seller’s exercise of its rights thereunder.