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

Declaration of Early Termination Date and Calculation of Settlement Amounts. If an Event of Default with respect to a Defaulting Party occurs and is continuing, the other Party (the “Non- Defaulting Party”) will have the right (i) to designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties and to liquidate and terminate all, but not less than all, Transactions (each referred to as a “Terminated Transaction”) between the Parties, (ii) withhold any payments due to the Defaulting Party under this Agreement and (iii) suspend performance. The Non- Defaulting Party will calculate, in a commercially reasonable manner, a Settlement Amount for each such Terminated Transaction as of the Early Termination Date (or, to the extent that in the reasonable opinion of the Non-Defaulting Party certain of such Terminated Transactions are commercially impracticable to liquidate and terminate or may not be liquidated and terminated under applicable law on the Early Termination Date, as soon thereafter as is reasonably practicable).

Appears in 50 contracts

Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement, Renewable Energy Credit Agreement

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Declaration of Early Termination Date and Calculation of Settlement Amounts. If an Event of Default with respect to a Defaulting Party occurs and is continuing, the other Party (the “Non- Non-Defaulting Party”) will have the right (i) to designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties and to liquidate and terminate all, but not less than all, Transactions (each referred to as a “Terminated Transaction”) between the Parties, (ii) withhold any payments due to the Defaulting Party under this Agreement and (iii) suspend performance. The Non- Non-Defaulting Party will calculate, in a commercially reasonable manner, a Settlement Amount for each such Terminated Transaction as of the Early Termination Date (or, to the extent that in the reasonable opinion of the Non-Defaulting Party certain of such Terminated Transactions are commercially impracticable to liquidate and terminate or may not be liquidated and terminated under applicable law on the Early Termination Date, as soon thereafter as is reasonably practicable).

Appears in 15 contracts

Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement, Renewable Energy Credit Agreement

Declaration of Early Termination Date and Calculation of Settlement Amounts. If Except as otherwise set forth in the Cover Sheetthis Agreement, if an Event of Default with respect to a Defaulting Party occurs and is continuing, the other Party (the “Non- Non-Defaulting Party”) will have the right to (i) to designate a day, no earlier than the day such notice is effective and no later than 20 twenty (20) days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties and to liquidate and terminate all, but not less than all, Transactions (each referred to as a “Terminated Transaction”xxxxxx Transaction(s) between the Partiesunder this Agreement, (ii) withhold any payments due to the Defaulting Party under this Agreement Agreement, and (iii) suspend performance. The Non- Non-Defaulting Party will calculate, in a commercially reasonable manner, a Settlement Amount for each such Terminated Transaction Transactionwith respect to each Designated System and a Termination Payment with respect to this Agreement pursuant to Section 9.4 as of the Early Termination Date (or, to the extent that in the reasonable opinion of the Non-Defaulting Party certain of such Terminated Transactions are Transaction is commercially impracticable to liquidate , and terminate or may not be liquidated and terminated under applicable law on onprovide such calculation to the Defaulting Party by the Early Termination Date, as soon thereafter as is reasonably practicable)...

Appears in 3 contracts

Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement, Renewable Energy Credit Agreement

Declaration of Early Termination Date and Calculation of Settlement Amounts. If an Event of Default with respect to a Defaulting Party occurs and is continuing, the other Party (the “Non- Defaulting Party”) will have the right (i) to designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties and to liquidate and terminate all, but not less than all, Transactions (each referred to as a “Terminated Transaction”) between the Parties, (ii) withhold any payments due to the Defaulting Party under this Agreement and (iii) suspend performance. The Non- Defaulting Party will calculate, in a commercially reasonable manner, a Settlement Amount for each such Terminated Transaction as of the Early Termination Date (or, to the extent that in the reasonable opinion of the Non-Non- Defaulting Party certain of such Terminated Transactions are commercially impracticable to liquidate and terminate or may not be liquidated and terminated under applicable law on the Early Termination Date, as soon thereafter as is reasonably practicable).

Appears in 2 contracts

Samples: Carbon Mitigation Credit Agreement, Carbon Mitigation Credit Agreement

Declaration of Early Termination Date and Calculation of Settlement Amounts. If Except as otherwise set forth in the Cover Sheetthis Agreement, if an Event of Default with respect to a Defaulting Party occurs and is continuing, the other Party (the “Non- Non-Defaulting Party”) will have the right to (i) to designate a day, no earlier than the day such notice is effective and no later than 20 twenty (20) days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties and to liquidate and terminate all, but not less than all, Transactions (each referred to as a “Terminated Transaction”xxxxxx Transaction(s) between the Partiesunder this Agreement, (ii) withhold any payments due to the Defaulting Party under this Agreement and (iii) suspend performance. The Non- Non-Defaulting Party will calculate, in a commercially reasonable manner, a Settlement Amount for each such Terminated Transaction Transactionwith respect to each Designated System and a Termination Payment with respect to this Agreement pursuant to Section 9.4 as of the Early Termination Date (or, ,and provide such calculation to the extent that in the reasonable opinion of the Non-Defaulting Party certain of such Terminated Transactions are Transaction is commercially impracticable to liquidate and terminate or may not be liquidated and terminated under applicable law on onby the Early Termination Date, as soon thereafter as is reasonably practicable)...

Appears in 2 contracts

Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement

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Declaration of Early Termination Date and Calculation of Settlement Amounts. If an Event of Default with respect to a Defaulting Party occurs and is continuing, the other Party (the “Non- Defaulting Party”) will have the right (i) to designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties and to liquidate and terminate all, but not less than all, Transactions (each referred to as a “Terminated Transaction”) between the Parties, (ii) withhold any payments due to the Defaulting Party under this Agreement and (iii) suspend performance. The Non- Defaulting Party will calculate, in a commercially reasonable manner, a Settlement Amount for each such Terminated Transaction as of the Early Termination Date (or, to the extent that in the reasonable opinion of the Non-Defaulting Party certain of such Terminated Transactions are commercially impracticable to liquidate and terminate or may not be liquidated and terminated under applicable law Applicable Law on the Early Termination Date, as soon thereafter as is reasonably practicable).

Appears in 2 contracts

Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement

Declaration of Early Termination Date and Calculation of Settlement Amounts. If an Event of Default with respect to a Defaulting Party occurs and is continuing, the other Party (the “Non- Defaulting Party”) will have the right (i) to designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties and to liquidate and terminate all, but not less than all, Transactions (each referred to as a “Terminated Transaction”) between the Parties, (ii) withhold any payments due to the Defaulting Party under this Agreement and (iii) suspend performance. The Non- Defaulting Party will calculate, in a commercially reasonable manner, a Settlement Amount for each such Terminated Transaction as of the Early Termination Date (or, to the extent that in the reasonable opinion of the Non-Defaulting Party certain of such Terminated Transactions are commercially impracticable to liquidate and terminate or may not be liquidated and terminated under applicable law lawApplicable Law on the Early Termination Date, as soon thereafter as is reasonably practicable).

Appears in 1 contract

Samples: Renewable Energy Credit Agreement

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