Examples of Exposed Party in a sentence
The Non-Exposed Party shall either establish such Performance Assurance or increase any outstanding Performance Assurance, in each case by either (i) increasing the amount of any outstanding Letter of Credit; (ii) establishing additional Letters of Credit; or (ii) delivering Cash to the Exposed Party.
On or after the occurrence of an Event of Default with respect to the Non-Exposed Party or an Early Termination Date as a result of an Event of Default with respect to the Non-Exposed Party, the Exposed Party shall retain any such Interest Amount as additional Performance Assurance hereunder until the obligations of the Non-Exposed Party under this Master Agreement have been satisfied.
Any Letter of Credit shall be delivered to such address as the Exposed Party shall specify.
Following the failure of the Non-Exposed Party to provide, increase, renew, substitute, or maintain (as the case may be) Performance Assurance as required herein, the Non-Exposed Party shall be entitled to one (1) Business Day, after notice from the Exposed Party of such failure, to cure such failure.
The Non-Exposed Party shall increase the amount of the Letter of Credit or establish additional Letters of Credit if its Collateral Requirement increases and the Exposed Party demands such increased or additional Letter of Credit in the manner provided above.
Upon receipt of the Collateral (defined below), the Exposed Party shall be deemed the “Secured Party”.
Following the failure of the Non-Exposed Party to provide, increase, renew, substitute, or maintain (as the case may be) Performance Assurance as required herein, the Non-Exposed Party shall be entitled to two (2) Business Days, after notice from the Exposed Party of such failure, to cure such failure.
Except as specified in the preceding sentence, the Exposed Party will have no duty with respect to cash, including, without limitation, any duty to enforce or preserve any rights pertaining thereto.
The Exposed Party shall cause statements concerning Collateral held in each Collateral Account or Customer Account to be delivered to the Non-Exposed Party upon its request, which request may be made no more frequently than monthly.
Without limiting the Exposed Party's rights under Paragraph VII(b), the Exposed Party will exercise reasonable care to assure the safe custody of all cash held by it as Performance Assurance to the extent required by applicable law, and in any event the Exposed Party will be deemed to have exercised reasonable care if it exercises at least the same degree of care as it would exercise with respect to its own property.