Allocation Adjustments Sample Clauses

Allocation Adjustments. The Plan Administrator or his designate, if applicable, shall have the right to redetermine the value of Participant accounts if a previous allocation or valuation was performed incorrectly. Such redetermination shall be made without regard to the reason for the incorrect allocation. Such reasons may include, but are not limited to, incorrect contribution or Employee information provided by the Employer or representative of the Employer, incorrect valuation of Plan assets, incorrect determination of investment income and gains or losses, improper interpretation of the Plan’s allocation formulas or procedures, erroneous omission of Top-Heavy minimum contributions and failure to transmit, receive or interpret amendments to the allocation formulas, methods or procedures. Subject to express limits that may be imposed under the Code, the Plan Administrator reserves the right to delay the processing of any contribution, distribution or other transaction for any legitimate business reason (including, but not limited to, failure of systems or computer programs, failure of means of transmission of data, force majeure, the failure of any Service Provider to timely receive values or prices, or to correct for its errors omissions or the errors or omissions of any Service Provider). After having made any necessary adjustments, the Plan Administrator or his designate, if applicable, may issue either revised or adjusted statements to Participants with an explanation of the allocation adjustments.

Allocation Adjustments. 4.4.1 Without exceeding the total compensation for this Agreement, the allocation of costs, as described in the Agreement Form, may be adjusted upon request of the CM and approval by the Contracting Authority without a formal signed amendment. 4.4.2 If the Project is administered using the State’s web-based project management software, the CM shall submit its request for an allocation adjustment to the Contracting Authority through the “Professional Services Amendments” or “Contract Modifications” business process.

Allocation Adjustments. The allocations set forth in this Section ---------------------- are intended to allocate Company income, gains, deductions and losses to the Members for federal income tax purposes in accordance with their economic interests in the Company while complying with the requirements of Code Sections 704(b), 704(c) and 752, as well as the Regulations promulgated under such Sections. If, in the opinion of the Company's tax counsel, the allocation of profits or losses pursuant to the preceding provisions of this Section 13 does not (i) satisfy the requirements of Code Section 704(b), 704(c), 752 or the Regulations underlying any of these Sections, (ii) comply with any other provisions of the Code or the Regulations, or (iii) properly take into account any expenditure or item of income or gain of the Company or the transfer of an interest in the Company, then notwithstanding anything to the contrary contained in the preceding provisions of this Section 13, the income, gains, deductions and/or losses of the Company shall be allocated in such manner as the Company's tax counsel determines to be required so as to reflect properly (i), (ii) and/or (iii) of this Section 13(g), as the case may be, and the Managing Members shall have the right to amend this Agreement without action by the Members to reflect any such change in the method of allocating Company income, gains, deductions and/or losses, provided, however, that any change in the method of allocating such income, gains, deductions and/or losses shall not materially alter the pre- tax economic arrangement among the Members.

Allocation Adjustments. Notwithstanding anything to the contrary herein, the Board is authorized to allocate items of income, gain, loss and expense and to otherwise modify the distributions and allocations provisions, to reflect any admission of new Members, or distributions of property, as determined by the Board in its sole discretion.

Allocation Adjustments. Unless the Servicer is depositing Collections monthly pursuant to Section 4.3, on each Collection Recomputation Date to and including the Collection Recomputation Date after the Collection Recomputation Date referred to in clause (ii) below, the Servicer shall recompute the allocations to the Series 1997-1 Certificates previously made pursuant to subsections 4.7(a), (b) and (c) (i) in the case of a Collection Recomputation Date which occurs prior to the Conversion Date, during each Billing Cycle which ended during the preceding Monthly Period and (ii) in the case of the Collection Recomputation Date which occurs in the Monthly Period in which the Conversion Date occurs, during each Billing Cycle which ended during the preceding Monthly Period and on any other Date of Processing during such Monthly Period prior to the Conversion Date (such allocations with respect to any such period, the "Estimated Allocations") based on the Collected Finance Charge Receivables and the Collected Principal Receivables (such allocations with respect to any such period, the "Actual Allocations"), and based on the Actual Allocations of Finance Charge Receivables and Principal Receivables not later than 11:00 a.m. New York City time on the Transfer Date following such Collection Recomputation Date: (1) make any necessary deposits or withdrawals with respect to the Finance Charge Account and the Principal Account such that the amount on deposit in each such account with respect to such Monthly Period is equal to the amount that would have been on deposit if the Actual Allocation of Finance Charge Receivables and the Actual Allocation of Principal Receivables had been made on each day during such Monthly Period; (2) pay to the Transferor any underpayment with respect to allocations of Principal Receivables or Finance Charge Receivables with respect to such Monthly Period; (3) notify the Transferor of the amount of any overpayment to such Holder which such recomputation discloses, and the Transferor shall deposit into the Finance Charge Account, the Principal Account and the Excess Funding Account, as provided in the notice from the Servicer, any portion of any such overpayment which resulted in a shortfall in the amounts deposited into each such account; and (4) for the purposes of administrative convenience, payments to be made to the Transferor and deposits to be made by the Transferor pursuant to this subsection 4.7(e) may be netted against each other. It is the intention of th...

Allocation Adjustments. Notwithstanding the foregoing provisions of this Section 5.2: (A) notwithstanding anything contained in Section 5.2(c) of the Base Indenture, to the extent that the VFN Retained Interest Amount exceeds zero, the Master Servicer (i) may make or cause to be made deposits to the Series 1997-1 Collection Account net of any portions thereof which are allocable to the Retained Distribution Account and represent amounts due and owing to the Master Servicer and (ii) need not deposit or cause to be deposited any amounts to be paid to the Master Servicer pursuant to Section 5.2 of the Base Indenture, and such amounts will be deemed to have been paid to the Master Servicer pursuant to Section 5.2 of the Base Indenture; provided, however, that no Master Servicer other than Republic or an Affiliate of Republic, nor any Master Servicer with respect to which a Lease Event of Default has occurred and is continuing, shall be entitled to withhold any amounts pursuant to Section 5.2(c) of the Base Indenture and the Trustee shall deposit amounts payable to the Master Servicer in the Series 1997-1 Collection Account pursuant to the provisions of Section 5.2 of the Base Indenture on each Deposit Date; (B) any amounts withheld by the Master Servicer and not deposited in the Series 1997-1 Collection Account pursuant to Section 5.2(c) of the Base Indenture (and in accordance with the limitations set forth in (A) above) shall be deemed to be deposited in the Series 1997-1 Collection Account on the date such amounts are withheld for purposes of determining the amounts to be allocated pursuant to this Section 5.2; (C) NFLP may, from time to time in its sole discretion, increase the Series 1997-1 Available Subordinated Amount by (i) transferring funds to the Series 1997-1 Collection Account and (ii) delivering to the Master Servicer and the Trustee an Officers' Certificate setting forth the amount of such transferred funds and stating that such transferred funds shall be allocated to the Series 1997-1 Available Subordinated Amount; provided, however, that (a) NFLP shall have no obligation to so increase the Series 1997-1 Available Subordinated Amount, (b) NFLP may not increase the Series 1997-1 Available Subordinated Amount at any time if, after such increase, an "enhancement deficiency" (as defined in any other Series 1997 Variable Funding Supplement) would exist with respect to such other Series of Series 1997 Variable Funding Notes; provided that, if a Series 1997-1 Enhancement Def...

Allocation Adjustments. 72 ---------------------- 12. CONDITIONS TO ALL BORROWINGS......................................................... 72 ----------------------------

Allocation Adjustments. Notwithstanding the foregoing provisions of this Section 4.2: (i) provided the Series 1996-2 Rapid Amortization Period has not commenced, amounts allocated to the Series 1996-2 Collection Account that are not required to make payments under the Series 1996-2 Note may, as and to the extent permitted in the related Supplements, be used to pay the principal amount of other Shared Collateral Series Notes, if any, that are then in amortization and, after such payment, any remaining funds shall be paid to NFLP and used to finance or acquire Vehicles pursuant to the Lease, to the extent Eligible Vehicles have been requested by the Lessee pursuant to the Lease and provided that the representations and warranties contained in Article 7 of the Base Indenture are true and correct (in all material respects to the extent any such representations and warranties do not incorporate a materiality limitation in their terms) on and as of the date of such financing or acquisition with the same effect as though made on and as of such date and shall be deemed to be made by NFLP on such date; (ii) in the event that the Servicer is not National or an Affiliate of National, the Servicer shall not be entitled to withhold any amounts pursuant to Section 5.2(c) of the Base Indenture and the Trustee shall deposit amounts payable to National in the NFC Collection Account pursuant to the provisions of Section 5.2 of the Base Indenture on each Series 1996-2 Deposit Date; and (iii) any amounts withheld by the Servicer and not deposited in the NFC Collection Account pursuant to Section 5.2(c) of the Base Indenture shall be deemed to be deposited in the NFC Collection Account on the date such amounts are withheld for purposes of determining the amounts to be allocated pursuant to this Section 4.2.

Allocation Adjustments. .1 Without exceeding the total compensation for this agreement, the allocation of costs, as described in the attached Scope of Architect/Engineer Agreement labeled Exhibit #1, may be adjusted upon request of the A/E and approval by the Owner without a formal signed amendment.‌ .2 If the Project is administered using OAKS CI, the A/E shall submit its request for an allocation adjustment to the Owner, for approval through the OAKS CI “Professional Services Amendments” business process.