Common use of Release of Credit Support Clause in Contracts

Release of Credit Support. The remaining balance of Credit Support required under Section 16.1, if any, shall be returned (if a Seller Letter of Credit) or released (if a Seller Guaranty) to Seller at the earlier of (i) replacement by a Seller Letter of Credit or Seller Guaranty in accordance with Section 16.3, (ii) if this Agreement is terminated prior to the Closing, within fifteen (15) Business Days of the termination, and (iii) the date the obligations of Seller under this Agreement have been fully satisfied; provided, however, in either case of the preceding clause (i) or clause (ii), the Credit Support required under Section 16.1 must remain in place in an amount equal to the aggregate value of the claims by Purchaser under this Agreement made in good faith and then pending, if any, but no more than the aggregate amount required under Section 16.1, which Credit Support shall be released once the pending claims are resolved and any monies due in connection therewith have been paid to Purchaser. 45 Article 17. Purchaser and Credit Support 46

Appears in 1 contract

Sources: Membership Interest Purchase, Project Development and Construction Management Agreement

Release of Credit Support. The remaining balance of Credit Support required under Section 16.1, if any, shall be returned (if a Seller Letter of Credit) or released (if a Seller Guaranty) to Seller at the earlier of (i) replacement by a Seller Letter of Credit or Seller Guaranty in accordance with Section 16.3, (ii) if this Agreement is terminated prior to the Closing, within fifteen (15) Business Days of the termination, and (iii) the date the obligations of Seller under this Agreement have been fully satisfied; provided, however, in either case of the preceding clause (i) or clause (ii), the Credit Support required under Section 16.1 must remain in place in an amount equal to the aggregate value of the claims by Purchaser under this Agreement made in good faith and then pending, if any, but no more than the aggregate amount required under Section 16.1, which Credit Support shall be released once the pending claims are resolved and any monies due in connection therewith have been paid to Purchaser. 45 47 Article 17. Purchaser and Credit Support 4647

Appears in 1 contract

Sources: Membership Interest Purchase, Project Development and Construction Management Agreement