Moody's rating of the Hedge Counterparty (or its guarantor under
the Hedge Agreement) is downgraded to
(A) the first downgrade level or lower (but above the second
downgrade level ... such Hedge Counterparty must provide, at its own cost, Hedge
Counterparty Credit Support or assign the Hedge Agreement to a Hedge
Counterparty within the shorter applicable time period specified ... second downgrade level or lower, or if the rating of the Hedge
Counterparty (or its guarantor under the Hedge Agreement) is withdrawn, such
Hedge Counterparty must, at its own cost
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376254.pdf
Deutsche Bank AG, Cayman Branch
or an affiliate of thereof may act as the Hedge Counterparty, which may create conflicts of interest. See Section 13,
"Conflicts of Interest—General Activities ... Deutsche Bank and its Affiliates" and "—Hedge Counterparty Risks" below.
Hedge Counterparty Risks
The Issuer will be authorized to enter into Hedge Agreements at any time or from time ... Issuer's Facility and ownership and disposition of
the Collateral Obligations, with such hedge counterparties as are directed by the Portfolio Advisor, subject to criteria.
limitations and conditions set forth
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01386876.pdf
EFTA01129863Set 9
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EFTA01129879
NEE and NEE Capital are subject to credit and performance risk from customers, hedging counterparties
and vendors.
NEE and NEE Capital are exposed to risks associated with the creditworthiness ... performance of their
customers, hedging counterparties and vendors under contracts for the supply of equipment, materials, fuel and
other goods and services required for their business operations ... energy industry or the general economy. as
well as circumstances of individual customers, hedging counterparties and vendors. may adversely affect the
ability of some customers, hedging counterparties and vendors
https://www.justice.gov/epstein/files/DataSet%209/EFTA01129863.pdf
such revised report
will be provided to the Issuer each Rating Agency, any Hedge Counterparty, the Initial
Purchaser, the Investment Manager, each Holder and any Certifying Person.
A note will ... Issuer, shall provide to the Trustee (for forwarding to each Rating Agency, any
Hedge Counterparty, the Initial Purchaser, the Investment Manager, each Holder (accompanied,
in the case of the Depository
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376235.pdf
EFTA01422826Set 10
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unknown, of the Issuer, including, without limitation, the holders of the
Notes and any Hedge Counterparties.
Except with respect to the obligations of the Issuer to pay the amounts ... particular, the market prices of the Collateral
Obligations and any payment due to
Hedge Counterparties will affect returns on the Subordinated Securities. In
addition, a Rated Notes Redemption or
acceleration
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01422826.pdf
Trustee shall give notice to
the Investment Manager, the Co-Issuers, any Hedge Counterparty, each Rating Agency, the
Initial Purchaser, each Paying Agent, the Depository and each Holder of such
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365444.pdf
unknown, of the Issuer, including, without limitation, the holders of the Notes and any Hedge Counterparties.
Except with respect to the obligations of the Issuer to pay the amounts
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376288.pdf
expense of the Issuer, shall provide to the Investment
Manager, the Holders, any Hedge Counterparty, and each Rating Agency a copy of such
supplemental indenture (or a description
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365463.pdf