Common use of Due Consideration Clause in Contracts

Due Consideration. Calpine and the Calpine Transaction Parties acknowledge that they will generally obtain more favorable terms for Trades through the Transaction than the terms that are currently available to them for similar transactions with Third Parties and Calpine and the Calpine Transaction Parties desire Bear Stearns to provide financial support as part of the Transactio▇ ▇▇ ▇rder to enhance the credit of certain Gas and Power trades made by CalBear and CES and in order to otherwise support certain Gas and Power trading activities of the Calpine Transaction Parties. Calpine and the Calpine Transaction Parties have received due and adequate consideration and fair and equivalent value for their agreements and obligations under this Agreement and the other Transaction Documents as determined in good faith, in each case within the meaning of applicable state and federal fraudulent conveyance laws.

Due Consideration. Calpine and the Calpine Transaction Parties acknowledge that they will generally obtain more favorable terms for Trades through the Transaction than the terms that are currently available to them for similar transactions with Third Parties and Calpine and the Calpine Transaction Parties desire Bear Stearns ▇▇▇▇▇▇▇ to provide financial support as part of the Transactio▇ ▇▇ ▇rder Transaction in order to enhance the credit of certain Gas and Power trades made by CalBear and CES and in order to otherwise support certain Gas and Power trading activities of the Calpine Transaction Parties. Calpine and the Calpine Transaction Parties have received due and adequate consideration and fair and equivalent value for their agreements and obligations under this Agreement and the other Transaction Documents as determined in good faith, in each case within the meaning of applicable state and federal fraudulent conveyance laws.