Basic Calculation Clause Samples
The Basic Calculation clause defines the method for determining key financial or operational figures under an agreement. Typically, it outlines the formula or process for calculating amounts such as payments, interest, or other quantifiable obligations, specifying which variables and data sources are to be used. By providing a clear and standardized approach to these calculations, the clause ensures consistency and reduces the risk of disputes over how amounts are determined.
Basic Calculation. Upon the occurrence of a Change in Control, the ----------------- Executive, if then employed by the Company or if Terminated by the Company without Cause in Anticipation of the Change of Control in question, shall receive in cash the amount computed under the following table: TOTAL SHAREHOLDER PORTION OF TOTAL SHAREHOLDER CONSIDERATION PAID IN CONSIDERATION PAID RESPECT OF THE CHANGE TO BE PAID TO EXECUTIVE IN CONTROL -------------------------- ----------------- If not in excess of 0.05% $60,000,000 If in excess of $60,000,000 $30,000, plus 0.08% of the but not in excess of excess over $60,000,000 $120,000,000 If in excess of $120,000,000 $78,000, plus 0.1% of the but not in excess of excess over $120,000,000 $180,000,000 If in excess of $180,000,000 $138,000, plus 0.15% of the but not in excess of excess over $180,000,000 $240,000,000 If in excess of $240,000,000 $228,000, plus 0.2% of the excess over $240,000,000
Basic Calculation. Upon the occurrence of a Change in Control, ----------------- the Executive, if then employed by the Company or ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Lumber Company ("New Employer") or if Terminated by the Company or by New Employer without Cause in Anticipation of the Change of Control in question, shall receive in cash the amount computed under the following table:
Basic Calculation. The Variable Rent payable for a calendar month under this Section 3.4 will be an amount equal to 1 percent (1%) of the Spark Spread for that calendar month.
Basic Calculation. The price to be paid by Buyer for each Barrel of the Delivery Amounts delivered to Buyer during a given Delivery Month shall be the Market Price during the Delivery Month (each month being, a "Delivery Amount Price").
Basic Calculation. The NH Electric Utilities are allowed to earn a portion of their energy efficiency budget as an incentive “to motivate companies to achieve and exceed program goals.” NHPUC Order No. 24,203, at 13 (September 5, 2003). The formula used to calculate this incentive was initially proposed by the Energy Efficiency Working Group in its final report and the Commission adopted the formula in its order regarding Electric Utility Restructuring – Energy Efficiency Programs, 85 NHPUC 684, 694 (2000) and approved the formula in Order No. 23,982 (May 31, 2002) regarding the CORE Energy Efficiency Programs. Most recently, the Commission found that “the present incentive mechanism provides a just and reasonable balance between the interest of shareholders and the interest of customers.” Order No. 24,203, at 13 (September 5, 2003) Three factors influence the incentive: (1) the size of the budget, (2) the ratio of the actual Benefit-to-Cost Ratio achieved to the predicted Benefit-to-Cost Ratio, and (3) the ratio of the kWh savings achieved to the predicted kWh savings. The basic formula is: INCENTIVE = [4% x BUDGET] x [(BCACT/BCPRE) + (kWhACT/kWhPRE)] Where: INCENTIVE - Shareholder incentive in dollars BUDGET – Total dollars budgeted less the shareholder incentive (Use ACTUAL Dollars Spent for final calculation) BCACT - Actual Benefit-to-Cost ratio achieved BCPRE - Predicted Benefit-to-Cost ratio kWhACT - Actual Lifetime Kilowatt-hour savings achieved kWhPRE - Predicted Lifetime Kilowatt-hour savings The shareholder incentive is made up of a residential component and a commercial/industrial component. The residential component is determined by summing the budgets and kWh savings and calculating a combined program benefit-to-cost ratio for residential programs. These values are then used in the formula above to determine an overall residential incentive. Programs included in the residential calculation are as follows: NH Home Performance with Energy Star, Low Income Energy Efficiency (Home Energy Assistance), ENERGY STAR Homes, ENERGY STAR Lighting, ENERGY STAR Appliances and any utility specific programs. The commercial/industrial component is determined in an analogous manner. Programs included in the commercial/industrial calculation are as follows: New Equipment & Construction, Large C&I Retrofit, Small Business Energy Solutions, Education, and any utility specific programs.