Forward Contract Exclusion definition

Forward Contract Exclusion means the following amounts shall be excluded in determining Forward Contract Equity: (i) any amount in excess of $5,000,000 owing to or
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Forward Contract Exclusion means the following amounts shall be excluded in determining Forward Contract Equity: (i) the amount by which any advance from the Borrower to a Certified Merchant exceeds $5,000,000, (ii) the aggregate amount by which Forward Contract Equity exceeds $10,000,000, and (iii) the amount by which all advances from the Borrower to Certified Merchants in a single region set forth on Schedule 5.1(b) attached hereto exceeds $5,000,000.
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Forward Contract Exclusion means the following amounts shall be excluded in determining Forward Contract Equity: (i) any amount in excess of $5,000,000 owing to or by a single Certified Merchant, (ii) the amount by which any forward contract entered into by the Certified Merchant with any single grower of a Qualified Commodity exceeds 35% of such grower's historical average production of such Qualified Commodity for the three years prior to the date of determination, (iii) any Qualified Commodity relating to the amount by which Forward Contract Equity exceeds 35% of its historical average through-put or “handle” for the three years prior to the date of determination, and (iv) the amount by which Forward Contract Equity with respect to Qualified Commodities grown or produced in a certain Division exceeds $8,000,000.
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Examples of Forward Contract Exclusion in a sentence

  • Furthermore, since token presale instruments may constitute or contain a commodity forward contract or commodity option and may not otherwise qualify for the Trade Option Exemption or the Non-Financial Forward Contract Exclusion, we also consider whether such instruments would meet the Hybrid Instrument Exemption (defined below) and, as a result, be exempt from commodities law regulation.

  • The connecting factor rules of Finnish law shall not, however, apply to the Contract.

  • In our view, it would contradict the purpose of the Forward Contract Exclusion to treat such contracts as “swaps” because the predominant feature of the end-user’s arrangement, as a whole, is actual delivery.

  • Furthermore, since the SAFT and similar presale instruments may constitute or contain a commodity forward contract or commodity option and may not otherwise qualify for the Trade Option Exemption or the Non-Financial Forward Contract Exclusion, we also consider whether such instruments would meet the Hybrid Instrument Exemption (defined below) and, as a result, be exempt from commodities law regulation.

  • The Commission Should Provide Certain Clarifications Regarding Application of the Forward Contract Exclusion to “Book-Out” Transactions and to Forwards with Embedded Options.

  • All marketing decisions are founded on as- sumptions and consumer behaviour understanding.

  • This approach is also consistent with the CFTC’s historical interpretation of the Forward Contract Exclusion.

  • We note that, in the commercial context, the Commission stated that no CFTC authority requires payment for a forward delivery to be made in cash, and clarified settlement methods such as bartering and physical exchange of commodities are therefore not inconsistent with the Forward Contract Exclusion.

  • In cases of lower English proficiency, complaints may be accepted in languages other than English.

  • While the CFTC has noted that peaking supply contracts may qualify as forward contracts with embedded optionality “provided they meet the elements of the CFTC’s proposed interpretation,”20 we are concerned that the restrictive wording of the second element of the CFTC’s proposed interpretation could prevent many peaking supply contracts from qualifying for the Forward Contract Exclusion.

Related to Forward Contract Exclusion

  • Forward Contract means, for each Forward, the Confirmation evidencing such Forward between the Company and the Forward Purchaser or an Alternative Forward Purchaser.

  • Daily Contract Quantity or “DCQ” means the quantity of Gas as set out in Clause 4.1 herein.

  • FX means the fixing of the FX Exchange Rate as published 2 p.m. Frankfurt am Main local time by the Fixing Sponsor on the FX Screen Page (or any successor).

  • Contract Quantity means the quantity of Delivered Energy expected to be delivered by Seller during each Contract Year as set forth in the Cover Sheet.

  • MMBtu means one million British Thermal Units.

  • Eligible Costs means the actual costs reasonably incurred by the Recipient:

  • FX Rate means the “noon exchange rate” as reported by the Bank of Canada on any relevant date or if applicable, the rate calculated by the Calculation Agent, between the Canadian dollar and the foreign currencies into which some Reference Shares are denominated, expressed as the amount of Canadian dollars per one unit of foreign currency.