Derivation of the Base Block Capital Supply Price Clause Samples

The 'Derivation of the Base Block Capital Supply Price' clause defines the method for calculating the initial price at which a block of capital is supplied under an agreement. Typically, this involves specifying the formula, reference indices, or cost components that determine the base price, such as market rates, fixed margins, or other financial benchmarks. By clearly outlining how the base price is established, this clause ensures transparency and predictability for both parties, reducing the risk of disputes over pricing and facilitating smoother financial planning.
Derivation of the Base Block Capital Supply Price. The BBCSP is an escalating supply price in dollars per MWh applied to Base Block Energy for the sole purpose of calculating the Base Block Capital Costs Recovery. The BBCSP is subject to escalation at the Escalation Factor each January 1 with the first such escalation being on January 1 of the first Operating Year after the Base Year. BBCSPy = BBCSPby x (1 + ESC) ^ (y – by) The BBCSP will be derived using an agreed financial model to be finalized prior to funding under the Financing, and two identical copies of which will be stored on compact discs or other storage medium as agreed by the Parties, each disc or other digital storage medium identified as “Muskrat Base Block Capital Costs Recovery Calculation [INSERT FUNDING DATE], Schedule 1 to the Power Purchase Agreement between Newfoundland and Labrador Hydro and Muskrat Falls Corporation made effective November 29, 2013” each disc initialled by authorized representatives of Muskrat and NLH. This financial model derives the BBCSP as at the Base Year (BBCSPby) which enables Muskrat to achieve its Assigned IRR. Calculations in the financial model will conform to applicable provisions of the Financing Documents. The BBE, Assigned IRR, Base Year, Escalation Factor and maximum debt:equity ratio of 65:35 are not subject to change after the Effective Date. The inputs to the financial model that may vary between the Effective Date and the Commissioning Date are as follows: Control F11, F21 Supply price optimization inputs Muskrat model operator Control M73 - M77 Cost overrun apportionment – part of IRR optimization AS F47 ▇▇▇▇▇ IRR mode AS F31 Reporting date Muskrat model operator AS ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ date Muskrat, as verified by the Independent Engineer or actual date AS F46 ▇▇▇▇-to-Actual toggle Muskrat model operator AS F50 Interest on DSRA and LRA Muskrat assumption, based on financial market forward projections AS ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇ SDN parameters Muskrat, Financing Documents ASM R8 – T705 SDN series Muskrat, Financing Documents AS F98, F119, F140 Interest rate on BSF Muskrat assumption, based on financial market forward projections ASM AB8 – AC705 Capex cash flow series Muskrat, as verified by the Independent Engineer ASM AF8 – AG705 Innu payments Muskrat ASM AH8 – AH705 Revenue before Commissioning Muskrat ASM AJ8 – AJ705 Interest earned on Bond Holding Account/Working Capital Reserve Muskrat financial reporting ASM AK8 – AS705 Interest earned on deposits – BSF,...
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Related to Derivation of the Base Block Capital Supply Price

  • Authorized Capitalization As of the date of this Agreement, the authorized capitalization of Buyer consists of (i) 1,000,000,000 shares of common stock, par value $0.01 per share, of which 367,735,954 shares are issued and outstanding and (ii) 25,000,000 shares of undesignated preferred stock, par value $0.01 per share, none of which are issued and outstanding. Buyer has no other capital stock authorized, issued or outstanding. There are no outstanding or authorized stock appreciation, phantom stock, profit participation, or similar rights with respect to Buyer. With respect to any Buyer Common Stock that has been issued subject to a right of repurchase on the part of the Company, Disclosure Schedule 4.2(a) sets forth the holder thereof, the number and type of securities covered thereby, and the vesting schedule thereof (including a description of the circumstances under which such vesting schedule can or will be accelerated).

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION The parties to the Distribution Agreement recognize that, if the terms of any distributor’s contract, any distribution plan, any prospectus, the FINRA Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s Allocable Portion or any Successor Distributor’s Allocable Portion had no such change occurred, the definitions of the Distributor’s Allocable Portion and/or the Successor Distributor’s Allocable Portion in respect of the Class C shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s contract, distribution plan, prospectus or the FINRA Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them. The following relates solely to Class 529-C shares. The Distributor’s Allocable Portion of Distribution Fees and CDSCs in respect of Class 529-C shares shall be 100% until such time as the Distributor shall cease to serve as exclusive distributor of Class 529-C shares; thereafter, collections that constitute CDSCs and Distribution Fees relating to Class 529-C shares shall be allocated among the Distributor and any successor distributor (“Successor Distributor”) in accordance with this Schedule. At such time as the Distributor’s Allocable Portion of the Distribution Fees equals zero, the Successor Distributor shall become the Distributor for purposes of this Allocation Schedule. Defined terms used in this Schedule and not otherwise defined herein shall have the meanings assigned to them in the Principal Underwriting Agreement (the “Distribution Agreement”), of which this Schedule is a part. As used herein the following terms shall have the meanings indicated:

  • RECAPITALIZATION OR CAPITAL ADJUSTMENT 1. In the case of any negative stock split, recapitalization or other capital adjustment requiring a change in the form of Share certificates, the Bank will issue Share certificates in the new form in exchange for, or upon transfer of, outstanding Share certificates in the old form, upon receiving: (a) A Certificate authorizing the issuance of Share certificates in the new form; (b) A certified copy of any amendment to the Charter with respect to the change; (c) Specimen Share certificates for each class of Shares in the new form approved by the Board of Directors of the Customer, with a Certificate signed by the Secretary of the Customer as to such approval; (d) A certified copy of the order or consent of each governmental or regulatory authority required by law as a prerequisite to the issuance of the Shares in the new form, and an opinion of counsel for the Customer that the order or consent of no other governmental or regulatory authority is required; and (e) An opinion of counsel for the Customer, in a form satisfactory to the Bank, with respect to the validity of the Shares in the new form, the obtaining of all necessary governmental consents, whether such Shares are fully paid and non-assessable and the status of such Shares under the Securities Act of 1933, as amended, and any other applicable law or regulation (i.e., if subject to registration, that the Shares have been registered and that the Registration Statement has become effective or, if exempt, the specific grounds therefor). 2. The Customer shall furnish the Bank with a sufficient supply of blank Share certificates in the new form, and from time to time will replenish such supply upon the request of the Bank. Such blank Share certificates shall be properly signed, by facsimile or otherwise, by Officers of the Customer authorized by law or by the By-Laws to sign Share certificates and, if required, shall bear the corporate seal or a facsimile thereof.

  • Additional Funds and Capital Contributions 30 SECTION 4.4 NO INTEREST; NO RETURN................................................................... 31 SECTION 4.5 NOTE DEFICIENCY CAPITAL CONTRIBUTION..................................................... 31