Aggregate Buyer’s Exposure Clause Samples

The "Aggregate Buyer’s Exposure" clause sets a maximum limit on the total financial liability or risk that the buyer may incur under a contract. In practice, this clause typically specifies a cap—such as a fixed dollar amount or a percentage of the contract value—beyond which the buyer is not responsible for additional claims, losses, or damages. By establishing this upper boundary, the clause provides certainty and protects the buyer from unlimited or unforeseen liabilities, thereby facilitating risk management and predictability in contractual relationships.
Aggregate Buyer’s Exposure. In order to determine the amount of Performance Assurance during the term of this Agreement, Buyer shall calculate the Aggregate Buyer’s Exposure under Aggregate Transactions once per Business Day, pursuant to the process and methodology described in Exhibit E. On a Transaction Date, the Buyer’s Exposure for that Transaction shall be deemed equal to zero. To the extent that the calculations of the Aggregate Buyer’s Exposure for a given date results in a negative number, the Aggregate Buyer’s Exposure for such date shall be deemed equal to zero.
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Aggregate Buyer’s Exposure. (a) In order to determine the amount of Performance Assurance during the term of this Agreement, Buyer shall calculate the Aggregate Buyer’s Exposure once per Business Day. On a Transaction Date, for non-Spot Energy Transactions, the Buyer’s Exposure for that Transaction shall be deemed equal to zero, and to the extent that the calculations of the Aggregate Buyer’s Exposure for a given date result in a negative number, the Aggregate Buyer’s Exposure for such date shall also be deemed equal to zero. (b) Buyer shall contract with and pay for the services of a single independent consultant to provide pricing services (the “Pricing Agent”) with respect to the non-Spot Energy Transactions under this Agreement. The Pricing Agent shall provide to the Buyer the On-Peak Initial ▇▇▇▇ ▇▇▇▇▇ and the Off-Peak Initial ▇▇▇▇ ▇▇▇▇▇. In addition, on each Business Day, the Pricing Agent shall provide to the Buyer the On-Peak Forward Price and the Off-Peak Forward Price. To the extent that information and/or quotes are not available to determine an On-Peak Forward Price or Off-Peak Forward Price for a given month the Pricing Agent shall be permitted to use information and/or quotes relevant to such month for which information/and quotes are available in order to provide the Buyer the required On- Peak Forward Price and Off-Peak Forward Price for such month. Exhibit E presents in more detail the methodology to be used by the Pricing Agent in determining the Off-Peak Initial ▇▇▇▇ ▇▇▇▇▇, On-Peak Initial ▇▇▇▇ ▇▇▇▇▇, the On-Peak Forward Price, and the Off-Peak Forward Price. Buyer shall use reasonable efforts to provide Seller with Aggregate Buyer’s Exposure on each Business Day subject to the confidentiality provisions of this Agreement. (c) Pursuant to Section 14.1 (Performance Assurance Requirement) above, Seller shall not dispute any request by Buyer for Performance Assurance. Notwithstanding such provision, Seller may dispute the Pricing Agent’s determinations of the On-Peak Initial ▇▇▇▇ ▇▇▇▇▇, Off-Peak Initial ▇▇▇▇ ▇▇▇▇▇, On-Peak Forward Price and Off-Peak Forward Price if Seller can demonstrate that the Pricing Agent has been grossly negligent or has exhibited willful misconduct in such determinations, or that the Pricing Agent is making such determinations in a manner that is arbitrary, capricious or erroneous on its face, provided, however, that Seller shall remain obligated to post any Performance Assurance requested by ▇▇▇▇▇ during the pendency of any such dispute.
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Related to Aggregate Buyer’s Exposure

  • Aggregate Principal Amount The aggregate principal amount of the Senior Notes that may be authenticated and delivered under this Second Supplemental Indenture shall be unlimited; provided that the Obligor complies with the provisions of this Second Supplemental Indenture.

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation, or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

  • Aggregate Purchase Price The aggregate purchase price for the Notes (the “Aggregate Purchase Price”) shall equal the result of (x) divided by (y), where (x) equals the Aggregate Principal Amount and (y) equals 1.25. Each date upon which a Closing occurs is a “Closing Date”.

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

  • Revolving Committed Amount If at any time after the Closing Date, the sum of the aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall exceed the Revolving Committed Amount, the Borrower shall immediately prepay the Revolving Loans and Swingline Loans and (after all Revolving Loans and Swingline Loans have been repaid) Cash Collateralize the LOC Obligations in an amount sufficient to eliminate such excess (such prepayment to be applied as set forth in clause (vii) below).