Examples of Supplemental Letter of Credit in a sentence
To the extent any provision of the Supplemental Letter of Credit Agreement is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
If Tenant fails to cause the issuance of any required Replacement or Supplemental Letter of Credit at the times and in the manner required hereunder, then in addition to all other rights and remedies available at law or equity, Beneficiary shall have the immediate right to draw the full amount of the then issued and outstanding Letters of Credit without any requirement of notice to Tenant or any right of Tenant to cure such default and Event of Default.
If Issuer does not issue to Beneficiary such Replacement or Supplemental Letter of Credit within the respective periods set forth in this Section 1, it shall be an immediate default by Tenant under this Agreement and an immediate Event of Default under the Lease without any requirement of notice to Tenant or any right of Tenant to cure such default and Event of Default.
If Issuer does not issue to Beneficiary such Supplemental Letter of Credit within seven (7) days after Beneficiary’s demand to LC Party, it shall be a default by LC Party under this Agreement and an Event of Default under the Lease.
If LC Party fails to cause the issuance of any Supplemental Letter of Credit as required pursuant to Section 1(d) hereof, then Beneficiary shall, in addition to all other rights and remedies available at law or equity, have the right to draw the full amount of the then issued and outstanding Letters of Credit.
If the Closing date occurs after December 15, 2023 (or, if later, the guaranteed placed in service date), the Purchase Price payable at the Closing will be reduced by the Supplemental Letter of Credit Amount that Buyer would have been entitled to draw under the supplemental letter of credit as of the Closing, that is, an amount that approximates and compensates Buyer for the unavailability of the ITC to Buyer on December 15, 2023, for estimated tax purposes.
Under the BOT Agreement, if the resource has not been “placed in service” under the federal investment tax credit laws by October 31, 2023, Seller will be required to provide to Buyer as supplemental credit support the Supplemental Letter of Credit Amount set forth in Table 3 on November 1, 2023.
Seller will be required to provide the Supplemental Letter of Credit Amount in the form of a separate letter of credit or an increase to an existing letter of credit.
The Supplemental Letter of Credit Amount is intended to secure Buyer against losses related to the federalinvestment tax credit (“ITC”) for the BOT resource if the project’s placed in-service date is delayed beyond December 15, 2023.
For BOT transactions, the Seller or Seller Parent Guarantor’s credit quality will not reduce or affect the Supplemental Letter of Credit Amount, which will be required to be provided to Buyer in the form of a letter of credit (or a purchase price reduction).