Gains definition

Gains means with respect to any Party, an amount equal to the present value of the economic benefit to it, if any (exclusive of Costs), resulting from the termination of the Transaction, determined in a commercially reasonable manner, subject to Section 5.3 hereof. Factors used in determining economic benefit may include reference to information either available to it internally or supplied by one or more third parties, including quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, market price referent, market prices for a comparable transaction, forward price curves based on economic analysis of the relevant markets, settlement prices for a comparable transaction at liquid trading platforms (e.g., NYMEX), all of which should be calculated for the remaining Delivery Term to determine the value of the Product.
Gains means, with respect to any Party, an amount equal to the present value of the economic benefit to it, if any (exclusive of Costs), as of the Early Termination Date resulting from the termination of this Agreement, expressed in dollars and determined in a commercially reasonable manner. Factors used in determining the gain of economic benefit to a Party may include:

Examples of Gains in a sentence

  • Gains and losses on the disposal of an entity include the carrying amount of goodwill relating to the entity sold.

  • Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other State.

  • Gains and losses on disposals are determined by comparing proceeds with the carrying amount.

  • Gains or losses on disposals to non-controlling interests are also recorded in equity.

  • Gains and losses are recognised in profit or loss when the asset is derecognised, modified or impaired.


More Definitions of Gains

Gains means, with respect to any Party, an amount equal to the present value of the economic benefit to it, if any (exclusive of Costs), resulting from the termination of this Agreement, determined in a commercially reasonable manner.Factors used in determining the economic benefit to a Party may include, without limitation, reference to information supplied by one or more third parties, which shall exclude Affiliates of the Non-Defaulting Party, including without limitation, 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., Intercontinental Exchange), all of which are calculated based on realized and future Annual Energy Savings and Annual Peak Capacity Savings. For purposes of determining Gain, SDG&E may also take into consideration that the Agreement satisfies the requirement to procure preferred resources from under Commission Decision 14-13-004 from Projects to meet the Local Capacity Requirements (LCR) within SDG&E’s Service Territory.Only if the Non-Defaulting Party is unable, after using commercially reasonable efforts, to obtain third party information to determine the gain of economic benefits, then the Non-Defaulting Party may use information available to it internally suitable for this purpose in accordance with prudent industry practices.
Gains means an amount equal to the present value of the economic benefit to the Non-Defaulting Party, if any, exclusive of Costs, resulting from an Early Termination.
Gains has the meaning set forth in Section 13.3(f).
Gains will mean an amount equal to the present value of the economic benefit (exclusive of Costs), if any, resulting from the termination of the Non-Defaulting Party's obligations under this Agreement, determined by comparing (a) the value of the remaining energy to be delivered under this Agreement, based on the Anticipated Usage for the remainder of the Contract Term and regardless of whether such energy is supplied by EESI or the applicable Utility, and the EESI Energy Price under the Agreement had it not been terminated (the "Contract Value") to (b) the same quantities of energy at the relevant market prices for the remaining Contract Term (the "Market Value"); and (iii) "Losses" will mean an amount equal to the present value of the economic loss (exclusive of Costs), if any, to the Non-Defaulting Party resulting from the termination of its obligations with respect to the Agreement, determined by comparing the Contract Value to the Market Value. A discount rate of 6% will be used to calculate any present value under this provision.
Gains means with respect to any Party, an amount equal to the present value of