Determination Methodology definition

Determination Methodology means the methodology used by the Calculation Agent in its sole discretion to determine any costs, gains, losses or mark-to-market values in relation to a Credit Default Swap. For the avoidance of doubt any price utilised in determinations referencing the price at which any Credit Default Swap is notionally entered into or notionally terminated shall be at the price determined by the Calculation Agent in its sole and absolute discretion based on the Calculation Agent’s prevailing bid/offer prices.

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Determination Methodology means the methodology used by the Calculation Agent in its sole discretion to determine any costs, gains, losses or mark-to-market values in relation to a Credit Default Swap, which will be based on information sourced from one of the following:

Determination Methodology means the methodology used by the Calculation Agent in its sole discretion acting in a commercially reasonable manner to determine any costs, gains, losses or mark-to-market values in relation to a Credit Default Swap which shall be:

Examples of Determination Methodology in a sentence

• As soon as reasonably practical after termination, the District shall determine whether to calculate the Slice Termination Payment by obtaining quotations (either firm or indicative) for a Replacement Slice Contract or to use the Alternative Determination Methodology.

• The Purchaser, as calculation agent, shall use the Alternative Determination Methodology in Section 16(c) to calculate the Slice Termination Payment and calculate and include any gain or loss incurred for the period between the Event of Default and the calculation date in the net termination payment.

• Purchaser shall use the Alternative Determination Methodology described in Subsection (c) below in determining the Slice Termination Payment.

• Based upon the Damage Determination Methodology, Buyer understands and agrees that damages are incapable of calculation until the closing on the Resale has occurred (or is deemed to have occurred as stated above).

• Until such time as the damages are capable of calculation pursuant to the Damage Determination Methodology (which Buyer understands and agrees may take several months or perhaps longer) Buyer agrees that any deposits or advance payments then being held in escrow shall remain in escrow and that any deposits and/or advance payments utilized in construction or development of the Condominium or properly withdrawn from escrow, need not be refunded to Buyer or returned to escrow.

• Buyer’s agreement to the Damage Determination Methodology and the potential delay in calculation is a material consideration for Seller’s willingness to enter into this Agreement.

• While this may result in an inconvenience to Buyer, Buyer understands and agrees that the Damage Determination Methodology is only applicable if and when Buyer defaults.

• To the extent that the Resale Purchase Price exceeds the Purchase Price under this Agreement, for purposes of the Damage Determination Methodology, same shall result in a negative number that will offset the other considerations in determining damages.

• Buyer agrees that the Damage Determination Methodology is a fair and reasonable method for determination of Seller’s damages, notwithstanding any delays associated with calculation and that this is not a liquidated damages provision.

• Notwithstanding the Royalty Determination Methodology and the quantification of the Overriding Royalty pursuant to Section 2.3(b), the Overriding Royalty will not include Petroleum Substances that Royalty Payor reasonably uses or loses in Royalty Payor's drilling and production operations for the Royalty Lands or in the delivery of Petroleum Substances to, and handling at or prior to, the Point of Sale.

More Definitions of Determination Methodology

Determination Methodology means the methodology used by the Calculation Agent in its sole discretion acting in a commercially reasonable manner to determine any costs, gains, losses or mark-to-market values in rela tion to a Credit Default Swap. For the avoidance of doubt any price (expressed in basis points) utilised in determinations referencing the price at which any Credit Default Swap is notionally entered into or notional terminated shall be at the price deter mined by the Calculation Agent in its sole and absolute discretion acting in a commercially reasonable manner taking into account prices quoted in the market by two or more independent dealers selected by the Calculation Agent; provided, however, that such price is not less than or not greater than (as applicable) 5 per cent of the average of such prices quoted by such independent dealers, subject to a maximum or minimum (as applicable) of 5 basis points.