Common use of Party B Collateral Threshold Clause in Contracts

Party B Collateral Threshold. If specified as applicable on the Cover Sheet, if at any time (and notwithstanding whether an Event of Default has occurred), the Early Termination Payment that would be owed to Party A plus Party B’s Independent Amount, if any, exceeds the Party B Collateral Threshold, then on any Business Day Party A may request that Party B provide Performance Assurance in an amount equal to the amount by which the Early Termination Payment plus Party B’s Independent Amount, if any, exceeds the Party B Collateral Threshold (rounding upwards for any fractional amount to the next Party B Rounding Amount) (“Party B Performance Assurance”), less any Party B Performance Assurance already posted with Party A. Such Party B Performance Assurance shall be delivered to Party A within three (3) Business Days of the date of such request. On any Business Day (but no more frequently than weekly with respect to Letters of Credit and daily with respect to cash), Party B, at its sole cost, may request that such Party B Performance Assurance be reduced to the amount of such excess Termination Payment plus Party B’s Independent Amount, if any, (rounding upwards for any fractional amount to the next Party B Rounding Amount). In the event that Party B fails to provide Party B Performance Assurance pursuant to the terms of this Article 6 within three (3) Business Days, then an Event of Default under Article 8 shall be deemed to have occurred and Party A will be entitled to the remedies set forth in Article 8 of this Master Agreement. For purposes of this Article 6.5(b), the Early Termination Payment shall be calculated pursuant to Article 8.3 by Party A as if all outstanding Transactions had been liquidated, and in addition shall include all amounts owed but not yet paid by Party B to Party A, whether or not such amounts are due, for performance already provided pursuant to any and all Transactions.

Party B Collateral Threshold. If specified as applicable on the Cover SheetTBD Name of Party B Guarantor, if at any time (and notwithstanding whether an Event of Default has occurred)applicable: If a Guarantor is identified, the Early Termination Payment that would be owed then all references to Party A plus Party B’s Independent Amount, if any, exceeds the B shall include Party B Collateral Threshold, then on any Business Day Party A may request that Guarantor unless otherwise indicated and Party B provide Performance Assurance in an amount equal to the amount by which the Early Termination Payment plus Party B’s Independent Amount, if any, exceeds the Party B Collateral Threshold (rounding upwards for any fractional amount to the next Party B Rounding Amount) (“Party B Performance Assurance”), less any Party B Performance Assurance already posted with Party A. Such Party B Performance Assurance shall be delivered to Party A within three (3) Business Days of the date of such request. On any Business Day (but no more frequently than weekly with respect to Letters of Credit and daily with respect to cash), Party B, at its sole cost, may request that such Party B Performance Assurance be reduced to the amount of such excess Termination Payment plus Party B’s Independent Amount, if any, (rounding upwards for any fractional amount to the next Party B Rounding Amount). In the event that Party B fails to provide Party B Performance Assurance pursuant to the terms of this Article 6 within three (3) Business Days, then an Event of Default under Article 8 shall be deemed to have occurred and the Credit Rating of Party A will B Guarantor. 🞏 The Collateral Threshold for Party B shall be entitled $ ; provided, however, that the Collateral Threshold shall be zero in the event of a Material Adverse Change as defined in Part II hereof with respect to Party B. 🞏 The Collateral Threshold for Party B shall be (a) the remedies amount set forth in Article 8 the chart below under the heading “Collateral Threshold” opposite the Credit Rating for Party B on the relevant date of this Master Agreement. For purposes of this Article 6.5(b)determination, and if such Credit Ratings shall not be equivalent, the Early Termination Payment lower Credit Rating shall govern, or (b) zero if on the relevant date of determination none of the rating agencies specified below has a Credit Rating in effect with respect to Party B or in the event of a Material Adverse Change as defined in Part II hereof with respect to Party B: $__________ (or above) (or above) (or above) $__________ $__________ ____ $__________ $__________ Below Below Below 🞏 The Collateral Threshold for Party B shall be calculated pursuant to Article 8.3 by (a) the amount set forth in the chart above under the heading “Collateral Threshold” opposite the Credit Rating for Party A as if all outstanding Transactions had been liquidatedB on the relevant date of determination, and if such Credit Ratings shall not be equivalent, the higher two Credit Ratings shall govern, or (b) zero if on the relevant date of determination none of the rating agencies specified below has a Credit Rating in addition shall include all amounts owed but not yet paid by effect with respect to Party B or in the event of a Material Adverse Change with respect to Party AB. 🞏 The Collateral Threshold for Party B shall be the amount of the Guaranty Agreement dated from Party B Guarantor, whether or not such amounts are dueas amended from time to time, for performance already provided pursuant to any and all Transactionsbut in no event shall Party B’s Collateral Threshold be greater than $ .

Party B Collateral Threshold. If specified as applicable on the Cover Sheet, if at any time and from time to time during the term of this Master Agreement (and notwithstanding whether an Event of Default has occurred), the Early Termination Payment that would be owed to Party A plus Party B’s Independent Amount, if any, exceeds the Party B Collateral Threshold, then Party A, on any Business Day Party A Day, may request that Party B provide Performance Assurance in an amount equal to the amount by which the Early Termination Payment plus Party B’s Independent Amount, if any, exceeds the Party B Collateral Threshold (rounding upwards for any fractional amount to the next Party B Rounding Amount) (“Party B Performance Assurance”), less any Party B Performance Assurance already posted with Party A. Such Party B Performance Assurance shall be delivered to Party A within three (3) Business Days of the date of such request. On any Business Day (but no more frequently than weekly with respect to Letters of Credit and daily with respect to cash), Party B, at its sole cost, may request that such Party B Performance Assurance be reduced correspondingly to the amount of such excess Termination Payment plus Party B’s Independent Amount, if any, (rounding upwards for any fractional amount to the next Party B Rounding Amount). In the event that Party B fails to provide Party B Performance Assurance pursuant to the terms of this Article 6 within three (3) Business Days, then an Event of Default under Article 8 shall be deemed to have occurred and Party A will be entitled to the remedies set forth in Article 8 of this Master Agreement. For purposes of this Article 6.5(b), the calculation of the Early Termination Payment shall be calculated pursuant to Article 8.3 by Party A as if all outstanding Transactions had been liquidated, and in addition thereto, shall include all amounts owed but not yet paid by Party B to Party A, whether or not such amounts are due, for performance already provided pursuant to any and all Transactions.