Calculation of Early Termination Payment Sample Clauses

Calculation of Early Termination Payment. The “Early Termination Payment” as of the date of an Early Termination Schedule shall equal the present value, discounted at the Agreed Rate as of the date of the Early Termination Notice, of all Tax Benefit Payments that would be required to be paid by the Purchaser to Seller beginning from the Early Termination Date assuming the Valuation Assumptions are applied. For avoidance of doubt, the Early Termination Payment shall take into account any Realized Tax Benefit that would be attributable to the payment of such future Tax Benefit Payments using an iterative process until any incremental Basis Adjustment benefits with respect to a Tax Benefit Payment equal an immaterial amount.
Sample 1
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Calculation of Early Termination Payment. If an Early Termination Date has been designated, the Non-Defaulting Party will calculate, in a commercially reasonable manner, its Gains, Losses and Costs resulting from such termination in accordance with the following: (i) "Gains" will mean an amount equal to the net present value of the economic benefit, if any, to the Non-Defaulting Party (or its Affiliates) resulting from the termination of the Non-Defaulting Party's obligations under all Transactions, determined by comparing the value of (A) the remaining energy to be delivered under each Transaction (based on the Anticipated Usage and applicable load factors for the remainder of the applicable Transaction Term and regardless of whether such energy is supplied by EESI or the applicable Utility) at the price(s) under each such Transaction had it not been terminated (the "Contract Value") to (B) the same quantities of energy at market prices that are commercially available to the Non-Defaulting Party for the remaining Transaction Term (the "Market Value"); (ii) "Losses" will mean an amount equal to the net present value of the economic loss, if any, to the Non-Defaulting Party (or its Affiliates) resulting from the termination of its obligations with respect to each Transaction, determined by comparing the Contract Value to the Market Value; and (iii) "Costs" will mean (without duplication) any loss, cost or expense reasonably incurred by the Non-Defaulting Party (or its Affiliates) in terminating, liquidating, or obtaining any arrangement pursuant to which it has hedged its obligations , and reasonable attorneys' fees, if any, incurred in connection with enforcing its rights under this Agreement. The PV Rate will be used to calculate any net present value. If you are the Non-Defaulting Party and you do not calculate your Early Termination Payment within 15 Business Days of the Early Termination Date, we will calculate your Early Termination Payment for you. The Non-Defaulting Party will aggregate all of its Gains, Losses and Costs into a single amount and will net against such amount (a) all other amounts that are due to the Defaulting Party; (b) at the option of the Non-Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party; and (c) all other amounts that are due to the Non-Defaulting Party, so that all such amounts shall be netted out to a single liquidated amount (the "Early Termination Payment") payable by one Party to the other, subject to the setoff righ...
Sample 1
Calculation of Early Termination Payment. (a) For all Events of Default other than Bankruptcy, as described in Sections 8.2(b) and Section 8.5(d)., the Non-Defaulting Party shall calculate, in a commercially reasonable manner, an "Early Termination Payment" which will be based on the following "Settlement Amount": 1. The "Settlement Amount" will be equal to the Losses or Gains, and Costs, expressed in U.S. Dollars, which such Party incurs as a result of the liquidation of this Agreement, pursuant to Section 8.6.
Sample 1

Related to Calculation of Early Termination Payment

  • Payment on Early Termination Upon termination pursuant to Section 14 (Early Termination), District shall pay Contractor as follows: (i) If District terminates this Contract for its convenience under Section 14(a) or 14(b), then District must pay Contractor for work performed before the termination date if and only if Contractor performed in accordance with this Contract. District shall not be liable for any direct, indirect, or consequential damages. Termination by District shall not constitute a waiver of any other claim District may have against Contractor. (ii) If Contractor terminates this Contract under Section 14(c) due to District’s breach, then District shall pay Contractor for work performed before the termination date if and only if Contractor performed in accordance with this Contract. (iii) If District terminates this Contract under Sections 14(c) or 14(d) due to Contractor’s breach, then District must pay Contractor for work performed before the termination date less any setoff to which District is entitled and if and only if Contractor performed such work in accordance with this Contract.

  • Early Termination Benefit If Early Termination occurs, the Bank shall distribute to the Executive the benefit described in this Section 2.2 in lieu of any other benefit under this Article.

  • ISDA Early Termination Date Party A has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement;

  • Payment upon Early Termination (a) Within three (3) calendar days after an Early Termination Effective Date, the Corporate Taxpayer shall pay to each TRA Party an amount equal to the Early Termination Payment in respect of such TRA Party. Such payment shall be made by wire transfer of immediately available funds to a bank account or accounts designated by such TRA Party or as otherwise agreed by the Corporate Taxpayer and such TRA Party or, in the absence of such designation or agreement, by check mailed to the last mailing address provided by such TRA Party to the Corporate Taxpayer.

  • Termination Payment The final payment delivered to the Certificateholders on the Termination Date pursuant to the procedures set forth in Section 9.01(b).

  • Payments on Early Termination For the purpose of Section 6(e) of this Agreement: (i) Market Quotation will apply. (ii) The Second Method will apply.

  • Termination for Non-Payment We may terminate this Agreement with immediate effect by giving written notice to you if you fail to pay any amount due under this Agreement on the due date for payment and remain in default not less than thirty

  • Automatic Early Termination provision of Section 6(a) will not apply to Party A and will not apply to Party B.

  • Early Termination Fee After this contract goes into effect, if you terminate this contract for any reason, or switch your service to a different electricity generation supplier or default service supplier prior to the end of the contract term, you will be responsible for paying XOOM Energy an early termination fee in the amount of $500. This Early Termination Fee is intended not as a penalty, but simply to offset the cost of selling the unused portion of your electric power to others and estimated lost revenue that XOOM may incur from such a sale, if any, and related expenses.

  • Early Termination Charges If this Agreement is terminated prior to its End Date pursuant to Clauses 42A-42, 43(a) or A- 43(c), the Home Customer shall pay to the Company an Early Termination Charge equivalent to (Termination Rate x Unexpired Months) where:

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