• Court Upholds Termination Payment Provision
  • June 15, 2007
  • Law Firm: Sutherland Asbill & Brennan LLP - Washington Office
  • The U.S. Court of Appeals for the Second Circuit recently issued an opinion that enforces an energy trading company's contractual rights to an early termination payment under a long-dated contract. Previously, the termination payment had been disallowed by a lower court on the basis that the twenty-year period of the agreement prevented any reasonable certainty in the calculation of damages based on modeled forward prices.