Topic/Matter Intersection

Topic:"Financial Instruments" in M13042

Matter: Procurement Administrator - Power Advisory - Application for Approval of the Green Choice Power Purchase Agreement
21 passages 5 documents

Financial Instruments across all matters →

P-1-(i)Appendix A - Green Choice PPA 2 passages
RECITALS: p. p. 84
RECITALS: - A. The Seller and NSPI have entered into a power purchase agreement dated as of ⚫, 202⚫ (as amended, supplemented, restated or replaced from time to time in accordance with its terms and this agreement, the " PPA ") in order to...

AI summary The document outlines a power purchase agreement (PPA) between the Seller and Nova Scotia Power Inc. (NSPI) for the development and operation of a project, along with security agreements provided by the Seller to the Security Agent as collateral for the Secured Debt. The terms and conditions of the PPA and related financial arrangements are detailed.

FORM OF LETTER OF CREDIT p. p. 92
FORM OF LETTER OF CREDIT DATE OF ISSUE: [⚫] APPLICANT: [Legal Name of Applicant] (the "Applicant") [Address of Applicant] BENEFICIARY: Nova Scotia Power Incorporated and its permitted assigns (the "Beneficiary") P.O. Box 910 Halifax, NS B3...

AI summary This document outlines the form of an irrevocable and unconditional standby letter of credit issued by a financial institution in connection with a power purchase agreement between Nova Scotia Power Incorporated and the Seller. The letter of credit is governed by the terms of the agreement and includes details such as the applicant, beneficiary, amount, expiry date, and credit rating.

P-1-(ii)Appendix B - Green Choice PPA Blackline to PPA in M11455 10 passages
Laws and Regulations – means: p. p. 12
Laws and Regulations – means: - applicable federal, provincial or municipal laws, orders-in-council, by-laws, codes, rules, policies, regulations and statutes; - applicable orders, decisions, codes, judgments, injunctions, decrees, awards...

AI summary The text defines 'Laws and Regulations' broadly, encompassing various legal instruments and requirements. It also defines 'Letter of Credit' as a financial instrument issued by a financial institution with specific credit rating requirements and locations.

Local means the province of Nova Scotia. p. p. 12
onnect switch that securely isolates the Facility from the System. Post-COD Amount – means the amount of the Performance Security as specified in item [9](#page-3-12) of the Commercial Terms. Post-Proposal Applicable Tariff – means import...

AI summary The text defines various financial and contractual terms related to energy projects, including performance security, tariff rates, and interest rates. It outlines the roles and responsibilities of entities involved in procurement and administration of energy programs.

1.2 General Rules of Interpretation p. pp. 12-29
1.2 General Rules of Interpretation For the purposes of interpreting the Agreement: - (a) Words in the singular include the plural and vice versa. - (b) The use of the words "including" and "include" are not limiting. - (c) The words "here...

AI summary This section outlines general rules for interpreting the Agreement, including the use of singular and plural terms, non-limiting use of 'including', and the meaning of reference terms. It also defines the Fiscal Year and specifies that written consent is required for approvals.

6.1 Performance Security p. p. 52
urity shall be in the form of either: - (i) a Letter of Credit or such other credit support from a Person which is in the form and/or issued by a Person that is acceptable to NSPI acting reasonably. In respect of a Letter of Credit, the Se...

AI summary The text outlines the requirements for Performance Security in the form of a Letter of Credit or a Guarantee from an Eligible Guarantor. It specifies the obligations of the Seller to renew or replace such security and the conditions under which NSPI will return the original Guarantee.

FORM OF PROJECT LENDER AGREEMENT p. p. 95
FORM OF PROJECT LENDER AGREEMENT THIS AGREEMENT made as of this ⚫ day of ⚫, 20⚫, BETWEEN: [ ⚫ ] , [ insert legal form of the Seller and jurisdiction of organization ] (the " Seller "), - and - [ ⚫ ] , in its capacity as [ {Project Lender u...

AI summary This document outlines the form of a Project Lender Agreement between the Seller, the Security Agent, and Nova Scotia Power Incorporated (NSPI). The agreement is made as of a specific date and includes placeholders for legal forms, jurisdictions, and roles of the parties involved.

IN WITNESS OF WHICH , the parties have duly executed this agreement as of the date first written above. p. p. 99
IN WITNESS OF WHICH , the parties have duly executed this agreement as of the date first written above. [SELLER] [SECURITY AGENT] By: By: Name: ⚫ Name: ⚫ Title: ⚫ Title: ⚫ By: By: ⚫ Name: ⚫ Name: ⚫ Title: ⚫ Title: NOVA SCOTIA POWER INCORPO...

AI summary The text presents a legal agreement involving a seller, a security agent, and Nova Scotia Power Incorporated, with a schedule listing security agreements and registration details. The document is signed by the involved parties, indicating formal execution.

FORM OF LETTER OF CREDIT p. p. 103
FORM OF LETTER OF CREDIT DATE OF ISSUE: [⚫] APPLICANT: [Legal Name of Applicant] (the "Applicant") [Address of Applicant] BENEFICIARY: Nova Scotia Power Incorporated and its permitted assigns (the "Beneficiary") P.O. Box 910 Halifax, NS B3...

AI summary This document outlines the form of a letter of credit issued by a financial institution for Nova Scotia Power Incorporated. It is connected to a power purchase agreement and includes fields for the applicant, beneficiary, amount, expiry date, and credit rating.

Section 211 p. p. 103
We hereby authorize the Beneficiary to draw on [Issuing Bank Name/Address in Halifax, Nova Scotia] , in respect of the Credit, for the account of the Applicant, up to an aggregate amount of $[ ⚫ ] ( [ ⚫ ] Canadian Dollars) available by the...

AI summary This document authorizes the Beneficiary to draw on a Standby Letter of Credit issued by an Issuing Bank in Halifax, Nova Scotia, under specific conditions related to a breach or default by the Seller. The Credit is subject to ISP 98 and governed by Nova Scotia and Canadian federal law.

Section 212 p. p. 103
s of the Province of Nova Scotia and applicable Canadian federal law, and the parties hereby irrevocably agree to attorn to the non-exclusive jurisdiction of the courts of the Province of Nova Scotia. This Credit is transferable at the wri...

AI summary The text outlines the terms of a transferable credit, specifying that the Beneficiary can request a transfer without the Applicant's consent, subject to the issuing financial institution's approval. Fees incurred during the transfer are the Applicant's responsibility, and the Beneficiary's name and address are amended upon receipt of a signed letter from the Beneficiary.

5. Release of Guarantee p. p. 106
5. Release of Guarantee Upon request by the Seller pursuant to Section [6.1(d)](#page-53-0) of the Agreement and provided that the conditions for the return of this Guarantee set out in the Agreement have been satisfied, NSPI shall return...

AI summary This section outlines the process for the release of a guarantee by NSPI upon the Seller's request and fulfillment of conditions specified in the Agreement, thereby discharging the Guarantor from future obligations.

P-1-(iii)Appendix C - DRAFT #1 Green Choice PPA 2026 - CLEAN 7 passages
Section 5 p. p. 4
Exhibit ["A"](#page-82-0) - Project Description Exhibit ["B"](#page-83-0) - Form of Confidentiality Undertaking Exhibit ["C"](#page-84-0) - Form of Project Lender Agreement Exhibit ["D"](#page-92-0) - Form of Letter of Credit Exhibit ["E"]...

AI summary The document outlines various exhibits related to a project, including confidentiality undertakings, lender agreements, letters of credit, guarantees, reimbursement agreements, zone maps, and energy rate calculations. It also references the General Terms and Conditions for capitalized terms.

2.6 NSPI Information During Design and Construction p. p. 33
2.6 NSPI Information During Design and Construction By the fifteenth day of each quarter of the Fiscal Year following the Effective Date and continuing until Commercial Operation, the Seller shall provide NSPI with quarterly progress repor...

AI summary The document outlines NSPI's requirement to receive quarterly progress reports from the Seller during the design and construction phase. NSPI may request meetings with the Seller's personnel to review these reports and has the right to access the Site during construction, subject to certain conditions.

6.1 Performance Security p. pp. 46-47
er which have accrued up to such time, as well as those which have arisen upon early termination of the Agreement, have been discharged. - (c) The Performance Security shall be in the form of either: - (i) a Letter of Credit or such other...

AI summary The text outlines the requirements for Performance Security under an agreement, specifying that it must be in the form of a Letter of Credit or other credit support acceptable to NSPI. The Seller is required to renew Letters of Credit and provide replacement security if renewal is not possible.

12.1 Project Lender Security p. p. 62
12.1 Project Lender Security The Seller, from time to time on or after the Effective Date shall have the right, at its cost, to enter into a Project Lender's Security Agreement. For greater certainty, if such Project Lender's Security Agre...

AI summary The text outlines the conditions under which a Project Lender's Security Agreement can be entered into by the Seller. It specifies that the agreement may include various terms and conditions, such as pledges of shares, guarantees, and payment directions, and that only the trustee in a deed of trust may exercise rights under the agreement on behalf of lenders.

Section 193 p. p. 92
We hereby authorize the Beneficiary to draw on [Issuing Bank Name/Address in Halifax, Nova Scotia] , in respect of the Credit, for the account of the Applicant, up to an aggregate amount of $[ ⚫ ] ( [ ⚫ ] Canadian Dollars) available by the...

AI summary This document outlines the terms of a standby letter of credit issued by an issuing bank in Halifax, Nova Scotia, authorizing the beneficiary to draw funds under specific conditions related to a contract breach. The letter of credit is subject to ISP 98 and Nova Scotia law, and it includes provisions for automatic extension and compliance requirements.

Section 194 p. p. 92
s of the Province of Nova Scotia and applicable Canadian federal law, and the parties hereby irrevocably agree to attorn to the non-exclusive jurisdiction of the courts of the Province of Nova Scotia. This Credit is transferable at the wri...

AI summary This document outlines the terms of a transferable credit, specifying that the Beneficiary can request a transfer without the Applicant's consent, subject to the issuing financial institution's approval. Fees incurred during the transfer are the Applicant's responsibility, and the Beneficiary's name will be amended upon receipt of a duly signed letter.

[Issuing Bank Name] p. pp. 92-94
[Issuing Bank Name] By: By: EXHIBIT "E" FORM OF GUARANTEE THIS GUARANTEE dated as of [ ⚫ ] is made and entered into between [ ⚫ ] , a [ ⚫ ] , [ ⚫ ] under the laws of [ ⚫ ] (the " Guarantor ") and Nova Scotia Power Incorporated (" NSPI ")....

AI summary This document outlines the form of a guarantee agreement between an unnamed entity (the Guarantor) and Nova Scotia Power Incorporated (NSPI). The agreement is dated as of [⚫] and establishes the terms and conditions of the guarantee.

P-1-(iv)Appendix D - Summarized Stakeholder Feedback 1 passage
APPENDIX D - SUMMARIZED STAKEHOLDER FEEDBACK ON PPA DRAFT #1
APPENDIX D - SUMMARIZED STAKEHOLDER FEEDBACK ON PPA DRAFT #1 PPA Section Question Comment Response In addition, at this point in the project's development, the proponent has spent considerable sums of money to develop the project, and pote...

AI summary Stakeholders provided feedback on PPA Draft #1, including concerns about the CIB funding threshold, the need for extended timelines to meet SREP requirements, and issues with PPA section references and definitions. Some requests were addressed, while others were not modified.

P-1-(v)Appendix E - Draft Green Choice Program Procurement Request for Proposals (RFP) 1 passage
Appendix G - Form of Irrevocable and Unconditional Standby Letter of Credit p. pp. 60-61
Appendix G - Form of Irrevocable and Unconditional Standby Letter of Credit DATE OF ISSUE: [●] APPLICANT: [●] BENEFICIARY: Minister of the Nova Scotia Department of Finance and Treasury Board and its permitted assigns (the " Beneficiary ")...

AI summary This document outlines the form of an irrevocable and unconditional standby letter of credit issued in connection with a Request for Proposals (RFP) for renewable low-impact electricity supply in Nova Scotia. It specifies the conditions under which the Beneficiary may draw on the credit, including material misrepresentation or failure to execute a Power Purchase Agreement (PPA).

Disclaimer: These summaries were generated by AI from the filings they describe. We take care to make them accurate, but errors are possible - and they aren't advice. Only the filings themselves are the record: if you're relying on something here, confirm it against the source documents or the Nova Scotia Energy Board's own record. Full disclaimer →