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
Sample 1
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.
Sample 1
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.
Sample 1

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.

  • FX Forward Contract is defined in Section 2.1.3.

  • Master Forward Confirmation means the Master Confirmation for Issuer Share Forward Sale Transactions, dated as of the date hereof, by and among the Company, the Operating Partnership and the Forward Purchaser, including all provisions incorporated by reference therein.

  • Standard Contract means a contract concerning a wholesale energy product admitted to trading at an organised market place, irrespective of whether or not the transaction actually takes place on that market place;

  • 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).

  • Eligible cost means as applied to a qualified project to be financed from the federal accounts, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state highway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right‑of‑way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the state transit account, eligible project costs are limited to capital expenditures for transit equipment and facilities.

  • Carbon dioxide equivalent or “CO2 equivalent” or “CO2e” means the number of metric tons of CO2 emissions with the same global warming potential as one metric ton of another greenhouse gas. Global warming potential values shall be determined consistent with the definition of Carbon Dioxide Equivalent in MRR section 95102(a).

  • Total maximum daily load or "TMDL" means the sum of the individual wasteload allocations for point sources, load allocations (LAs) for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs.

  • Forward Hedge Price means, for any Forward Contract, the product of (x) an amount equal to one (1) minus the Forward Hedge Selling Commission Rate for such Forward Contract; and (y) the Volume-Weighted Hedge Price.

  • 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.

  • Contract Sales Price means the total consideration received by the Company for the sale of an Investment.

  • Forward Hedge Amount means, for any Forward, the amount specified as such in the Placement Notice for such Forward (as amended by the corresponding Acceptance, if applicable), which amount shall be the target Aggregate Sales Price of the Forward Hedge Securities to be sold by the Forward Seller or an Alternative Forward Seller in respect of such Forward, subject to the terms and conditions of this Agreement or the Alternative Distribution Agreement, as applicable.

  • Day-ahead Loss Price means the Loss Price resulting from the Day-ahead Energy Market.

  • EXXXX means the Commission’s Electronic Data Gathering, Analysis and Retrieval System.

  • Total Intrinsic Loss Estimate means the sum of the SF1-4 Intrinsic Loss Estimate in the Single Family Shared-Loss Agreement, and the Commercial Intrinsic Loss Estimate in the Commercial Shared-Loss Agreement, expressed in dollars.

  • FX Reserve is defined in Section 2.1.3.

  • Meet-Point Billing (MPB means the billing associated with interconnection of facilities between two (2) or more LECs for the routing of traffic to and from an IXC with which one of the LECs does not have a direct connection. In a multi-bill environment, each Party bills the appropriate tariffed rate for its portion of a jointly provided Switched Exchange Access Service.

  • Standard Cost means any cost computed with the use of preestablished measures.

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

  • Gross Sales Price with respect to each sale of Shares sold pursuant to this Agreement shall be the gross sales price per share of such Shares.

  • Net Xxxx-to-Market Exposure of a Person means, as of any date of determination, the excess (if any) of all unrealized losses over all unrealized profits of such Person arising from Rate Management Transactions. “Unrealized losses” means the fair market value of the cost to such Person of replacing such Rate Management Transaction as of the date of determination (assuming the Rate Management Transaction were to be terminated as of that date), and “unrealized profits” means the fair market value of the gain to such Person of replacing such Rate Management Transaction as of the date of determination (assuming such Rate Management Transaction were to be terminated as of that date).

  • SF1-4 Intrinsic Loss Estimate means total losses under this Single Family Shared-Loss Agreement in the amount of eleven million dollars ($11,000,000.00).

  • Forward Hedge Selling Period means, subject to Section 2(c) hereof, the period of one to 20 consecutive Trading Days (as determined by the Company in the Company’s sole discretion and specified in the applicable Placement Notice (as amended by the corresponding Acceptance, if applicable) specifying that it relates to a “Forward”) beginning on the date specified in the applicable Placement Notice (as amended by the corresponding Acceptance, if applicable) or, if such date is not a Trading Day, the next Trading Day following such date and ending on the last such Trading Day or such earlier date on which the Forward Seller shall have completed the sale of Forward Hedge Securities in connection with the applicable Forward; provided that if, prior to the scheduled end of any Forward Hedge Selling Period (x) any event occurs that would permit the Forward Purchaser to designate a “Scheduled Trading Day” as an “Early Valuation Date” (as each such term is defined in the Master Forward Confirmation) under, and pursuant to the provisions opposite the caption “Early Valuation” in Section 2 of the Master Forward Confirmation or (y) a “Bankruptcy Termination Event” (as such term is defined in the Master Forward Confirmation) occurs, then the Forward Hedge Selling Period shall, upon the Forward Seller becoming aware of such occurrence, immediately terminate as of the first such occurrence. Any Forward Hedge Selling Period then in effect shall immediately terminate upon the termination of this Agreement pursuant to Section 9 or Section 13 hereof and as set forth in Sections 2(b) and 4 hereof.

  • 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.