Common use of Declaration of an Early Termination Date and Calculation of Settlement Amounts Clause in Contracts

Declaration of an Early Termination Date and Calculation of Settlement Amounts. Reverse the placement of “(i)” and “to” and at the end of the section, add: “The Non-Defaulting Party may determine its Gains and Losses by reference to information either available to it internally or to the Non- Defaulting Party’s affiliates or supplied by one or more third parties including, quotations of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets. Third parties supplying such information may include, without limitation, dealers in the relevant markets, end users of the relevant product, information vendors and other sources of market information.”

Declaration of an Early Termination Date and Calculation of Settlement Amounts. Reverse the placement of “(i)” and “to” and at the end of the section, add: “The Non-Defaulting Party may determine its Gains and Losses by reference to information either available to it internally or to the Non- Non-Defaulting Party’s affiliates or supplied by one or more third parties including, quotations of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets. Third parties supplying such information may include, without limitation, dealers in the relevant markets, end users of the relevant product, information vendors and other sources of market information.”