Indexed REC-51: Our Guarantor was not formed or organized under the laws of a state of the United States or the District of Columbia, but met the additional requirements described under Exhibit E-4 to the Indexed REC Contract in a previous procurement event. Can we re-certify the Guarantor as described under Exhibit E-4 or are we required to repeat the approval process anew under the Indexed REC RFP?

If an Opinion was provided and accepted by ComEd in a prior procurement event, the proposed Guarantor may re-certify its status under the Indexed REC RFP in lieu of repeating the process as long as there have been no changes that would have altered that Opinion.

To re-certify, the proposed Guarantor must provide a current letter by its Corporate Secretary (or equal / higher Corporate Officer) that it certifies that there have been no changes in its status which would adversely affect the enforceability of the Guaranty, since the time that the original Opinion was rendered. A sample certificate for purposes of re-certifying the Guarantor is available upon request.

ComEd shall have sole and absolute discretion, without liability or recourse to the proposed Guarantor or Seller, to evaluate the sufficiency of the documents submitted by such proposed Guarantor pursuant to the requirements of Exhibit E-4.