Early Termination Amount Clause Samples

Early Termination Amount. A Participant’s “Early Termination Amount” equals the present value, discounted at the Early Termination Rate as of the date of the applicable Acceleration Event, of the Participant’s Tax Benefit Payments that would be required to be paid by the Corporation for each Taxable Year beginning from the date of the Acceleration Event assuming the Valuation Assumptions are applied. For purposes of calculating the present value of all Tax Benefit Payments that would be required to be paid, it will be assumed that (i) absent the Acceleration Event, all Tax Benefit Payments would be paid on the due date (without extensions) for filing the Corporation Return for each Taxable Year and (ii) with respect to Taxable Years ending prior to the Acceleration Event, any unpaid Tax Benefit Payments and any applicable Default Rate Interest will be paid.

Early Termination Amount. For purposes of this Section 2.6(f), a “Special Seller Correspondent” means a Seller Correspondent that has been responsible for more than five percent (5%) of the aggregate Run-Rate Revenue recognized by the Seller, as reflected in the Closing Assigned Contracts Schedule. Within nineteen (19) months after the Closing Date but no earlier than eighteen (18) months, Buyer will prepare, or cause to be prepared, and deliver to Seller a statement that is prepared in a manner consistent with Seller’s past practice and based upon statements that were prepared in accordance with GAAP and which shall set forth in reasonable detail any Special Seller Correspondent Early Termination Amount. If Seller disagrees with Buyer’s computation of the Special Seller Correspondent Early Termination Amount, Seller may, on or prior to the last day of the Review Period with respect to the statement setting forth the Special Seller Correspondent Early Termination Amount, deliver a Notice of Objection to Buyer.

Early Termination Amount. If an Early Termination Date is established, the Non-Defaulting Party shall in good faith calculate its Gains, or Losses and Costs, resulting from the termination of the terminated Transaction(s), aggregate such Gains, Losses and Costs with respect to all terminated Transactions into a single net amount ("Early Termination Amount"). The Non-Defaulting Party may (but need not) determine its Gains or Losses by reference to information either available to it internally or supplied by one or more third parties including, without limitation, quotations (either firm or indicative) of relevant prices or other market data in the relevant markets. Third parties supplying such information may include, without limitation, dealers in the relevant markets, end users of the relevant Products, information vendors, and other sources of market information. The Non-Defaulting Party shall notify the Defaulting Party of the Early Termination Amount. The Party owing the Early Termination Amount shall, within three (3) Business Days after such Notice, pay the Early Termination Amount to the Party owed such amount, together with interest at the interest rate specified in Section 7.1.8 (Late Payments) from the Early Termination Date until the date of payment. The Non-Defaulting Party shall determine, in a commercially reasonable manner, its Gains, Losses and Costs as of the Early Termination Date, or, if that is not possible, at the earliest date thereafter that is reasonably possible.

Early Termination Amount. Early Termination Amount" means an amount that ------------------------ is equal to the sum of (a) the product of (i) US $[*]/1/, multiplied by (ii) the number of Authorized Workstations for Authorized End-Users specified in Schedule 4 that have not been licensed to Authorized End-Users on the date of termination of the Distribution Term ("Unlicensed Seats") and (b) the product obtained by multiplying (1) the product obtained by multiplying US $[*]/2/ by a fraction, the numerator of which is the number of Unlicensed Seats, and the denominator of which is [*]/3/, by (2) a second fraction, the numerator of which is the number of days between the date of termination of the Distribution Term and the third anniversary of the date of this Agreement, and the denominator of which is [*]/4/.

Early Termination Amount. The Early Termination Amount is calculated as follows in the periods identified: For the period from and including the Signing Date to the period immediately prior to the COD, the Early Termination Amount is $[insert].. For the period from and including the COD to the end of the Term, the Early Termination Amount is calculated as follows: where: ETA is the Early Termination Amount; A is the aggregate of the net increase in the support amounts to which the Commonwealth is exposed under a replacement agreement on substantially the same terms as this agreement with a new operator over and above the support amounts to which the Commonwealth would have been exposed under this agreement had it not been terminated (assuming for that comparison that the Commonwealth would be exposed to pay Project Operator the Annual Payment Cap under this agreement and the new operator the Annual Payment Cap under the new agreement in each case as determined over the remaining Support Years over the remainder of the Support Period determined on the assumption that this agreement has not been terminated) which for the purpose of this Schedule 5 is calculated as follows: where: ∑MCRSY is the sum of the Annual Payment Cap over the remaining Support Years in the remainder of the Term under this agreement, determined on the assumption that this agreement has not been terminated; B is the reasonable and proper internal and external costs incurred by or on behalf of the Commonwealth in carrying out a tender process to identify another project to replace the Export Capacity of the Project which, for the purpose of this provision is fixed at $15 million (indexed); C is any Liability of Project Operator to the Commonwealth under this agreement as at the date on which this agreement is terminated; D is any other additional internal and external costs reasonably incurred by the Commonwealth as a direct result of the termination of this agreement; E is any gains that have accrued, or will accrue, to Project Operator as a result of terminating any finance or hedge agreement related to the Project including as a result of terminating, reversing or closing out any derivative position (in part or full) or arising from the prepayment of any debt or interest; and F is any Liability of the Commonwealth to Project Operator under this agreement as at the date on which this agreement is terminated. Commonwealth Policy and Other Requirements Project Operator is required to comply with the Commonwealth p...

Early Termination Amount an amount of the cash obligation calculated by the Bank that is due to the Bank from the Customer or to the Customer from the Bank on account of Early Termination.

Early Termination Amount. Customer must pay Financier the Early Termination Amount in accordance with this Software Funding Agreement (see clause 9.4(a));

Early Termination Amount. The parties agree that if an Early Termination Date is designated in relation to the Transaction, the amount payable in respect to the early termination of the Transaction will not be determined in accordance with the methods specified in Section 6(e) of the Agreement; instead the only amount payable with respect to the early termination of the Transaction (other than the payment referred to in paragraph 6.1(b)) will be determined in accordance with Section 2(c) of the Agreement as if the only amounts payable by each party on the Early Termination Date were: (a) the amounts that would have been payable on the Settlement Date falling immediately after the Early Termination Date; and (b) any amounts that became payable (or that would have become payable but for Section 2(a)(iii) or due but for Section 5(d)) by the parties in respect of the Transaction under Section 2(a)(i) or 2(d)(i)(4) on or prior to such Early Termination Date and which remain unpaid as at such Early Termination Date, as determined on the Early Termination Date. The amount payable under this paragraph 6.2 shall be treated as an Early Termination Amount for the purposes of Section 6(f) of the Agreement.

Early Termination Amount. Upon the termination of this Agreement following occurrence an Event of Default set out in either clause 7.3.3 or clause 7.3.5, the Seller shall pay to the Buyer the Early Termination Amount.