Forward Settlement Amount definition

Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Forward Settlement Amount shall be zero dollars. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. The Forward Settlement Amount does not include consequential, incidental, punitive, exemplary or indirect or business interruption damages.
View Source
Forward Settlement Amount means the Non-Defaulting Party's Costs and Losses on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party's Gains exceed its Costs and Losses, then the Forward Settlement Amount shall be zero dollars. If the Non-Defaulting Party's Costs and Losses exceed its Gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. The Forward Settlement Amount does not include consequential, incidental, punitive, exemplary or indirect or business interruption damages.
View Source
Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. The Forward Settlement Amount shall not include consequential, incidental, punitive, exemplary or indirect or business interruption damages. If the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Forward Settlement Amount shall be zero dollars ($0).
View Source

Examples of Forward Settlement Amount in a sentence

  • The Notice shall include a written statement setting forth, in reasonable detail, the calculation of such Termination Payment, including the Forward Settlement Amount, together with appropriate supporting documentation.

  • The Parties shall negotiate to resolve any disputes regarding the calculation of the Termination Payment and Forward Settlement Amount.

  • As soon as practicable after an Early Termination Date is declared, the Non-Defaulting Party shall provide Notice to the Defaulting Party of the sum of all amounts owed by the Defaulting Party under this Agreement less any amounts owed by the Non-Defaulting Party to the Defaulting Party under this Agreement, including any Forward Settlement Amount (the “Termination Payment”).

  • The Notice must include a written statement setting forth, in reasonable detail, the calculation of such Termination Payment including the Forward Settlement Amount, together with appropriate supporting documentation.

  • If the Generating Facility is a New CHP Facility, no Forward Settlement Amount is assessed for any Termination Payment due to Buyer as the Non-Defaulting Party by Seller as the Defaulting Party if this Agreement is terminated before the Term Start Date.

  • The Notice shall include a written statement setting forth, in reasonable detail, the calculation of such Termination Payment including the Forward Settlement Amount, together with appropriate supporting documentation.

  • If the Generating Facility is a New Qualifying Facility, no Forward Settlement Amount is assessed for any Termination Payment due to Buyer as the Non-Defaulting Party by Seller as the Defaulting Party if this Agreement is terminated before the Term Start Date.

  • In addition, subject to Section 2.04(b), if SCE terminates this Agreement pursuant to this Section 3.06(d), neither Party shall have liability for damages for failure to deliver or purchase Product after the effective date of such termination, and the Forward Settlement Amount will be Zero dollars ($0).

  • If the Generating Facility is a New Eligible CHP Facility, no Forward Settlement Amount is assessed for any Termination Payment due to Buyer as the Non-Defaulting Party by Seller as the Defaulting Party if this Agreement is terminated before the Term Start Date.

  • If either Party exercises a termination right as set forth in Sections 2.07, 8.03, or 10.05, the Termination Payment will be calculated with a Forward Settlement Amount of zero dollars ($0), and, if the termination occurs before the Initial Delivery Date, Seller will be entitled to a return of any Development Security provided to SCE.


More Definitions of Forward Settlement Amount

Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other.
View Source
Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. If the Non-Defaulting Party’s Costs and Losses are less than its Gain, then the Forward Settlement Amount shall be an amount owing to the Defaulting Party. The Forward Settlement Amount shall not include consequential, incidental, punitive, exemplary or indirect or business interruption damages.
View Source
Forward Settlement Amount means the Non-Defaulting Party’s costs and losses, on the one hand, netted against its gains, on the other. If the Non-Defaulting Party’s costs and losses exceed its gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. If the Non-Defaulting Party’s gains exceed its costs and losses, then the Forward Settlement Amount shall be zero dollars ($0). The Forward Settlement Amount does not include consequential, incidental, punitive, exemplary or indirect or business interruption damages. It is expressly agreed that the Non-Defaulting Party shall not be required to enter into replacement transactions in order to determine the Forward Settlement Amount. When used in this definition, costs mean, with respect to the Non-Defaulting Party, brokerage fees, commissions, legal expenses and other similar third-party transaction costs and expenses reasonably incurred by the Non-Defaulting Party in entering into any new arrangement which replaces this Agreement, including, if SCE is the Non-Defaulting Party, with respect to credit towards SCE’s procurement allocation under CPUC Decision ▇▇-▇▇-▇▇▇ and CPUC Resolution E-4999. SCE may also take into consideration any non-standard performance measures or covenants applicable to the Project when determining its costs. When used in this definition, gains or losses mean, with respect to any Party, an amount equal to the present value of the economic benefit or loss to such Party, if any (exclusive of costs), resulting from the termination of this Agreement for the remaining Term of this Agreement, determined in a commercially reasonable manner. Factors used in determining economic gain and loss to a Party may include reference to information supplied by one or more third parties, which shall exclude Affiliates of the Non-Defaulting Party, including quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, comparable transactions, forward price curves based on economic analysis of the relevant markets, settlement prices for comparable transactions at liquid trading hubs (e.g., NYMEX). With respect to SCE, gains and losses shall be based on replacing the Product with product from a project with similar attributes to the Project. SCE may also take into consideration any non-standard performance measures or covenants applicable to the Project when determining its gains or losses. Only if...
View Source
Forward Settlement Amount means, with respect to the non-defaulting Party, the net Losses and Gains, and Costs, expressed in U.S. dollars, which such Party incurs as a result of a termination of this Agreement in accordance with Section Error: Reference source not found plus all amounts then owed to the non-defaulting Party by the defaulting Party. If the non-defaulting Party’s aggregate Gains exceed its aggregate Losses and Costs, if any, resulting from the termination of this Agreement, the Forward Settlement Amount shall be zero.
View Source
Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. If the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Forward Settlement Amount shall be an amount owing to the Defaulting Party; provided that, if the Non-Defaulting Party’s Gains exceed its Costs and Losses and the Notice of Early Termination Date given by the Non-Defaulting Party arises from an Event of Default by the Defaulting Party under Section 6.01(a)(iii), then the Forward Settlement Amount shall be zero dollars ($0). The Forward Settlement Amount shall not include consequential, incidental, punitive, exemplary or indirect or business interruption damages.
View Source
Forward Settlement Amount has the meaning set forth in Section 10.06(x).
View Source

Related to Forward Settlement Amount

  • Cash Settlement Amount means the “Cash Settlement Amount” as determined by the Calculation Agent in accordance with Paragraph 6.

  • Daily Settlement Amount for each of the 40 consecutive Trading Days during the Observation Period, shall consist of:

  • Maximum Settlement Amount means the maximum amount the Company may be required to pay pursuant to this Settlement, which is the sum of One Hundred Forty-Five Thousand Dollars ($145,000), including any of the Company’s employer-side share of FICA, FUTA, and other similar, mandatory employer-side payroll taxes. In no event shall the Maximum Settlement Amount exceed the foregoing sum.

  • Gross Settlement Amount means $325,000, which is the total amount ▇▇▇▇▇▇▇ agrees to pay under the Settlement. The Gross Settlement Amount will be used to pay Individual Class Payments, Class Counsel Fees, Class Counsel Expenses, Class Representative Service Payment, and the Administrator’s Expenses.