CALCULATION AND DURATION OF ADJUSTMENT Clause Samples

The "Calculation and Duration of Adjustment" clause defines how and for how long any adjustments to contractual terms, such as price or delivery schedules, will be calculated and applied. Typically, this clause outlines the specific formula or method used to determine the adjustment amount and specifies the period during which the adjustment remains in effect. For example, it may address how price changes are calculated in response to fluctuations in material costs and state whether the adjustment is temporary or permanent. The core function of this clause is to provide a clear and predictable process for handling changes, thereby reducing disputes and ensuring both parties understand their rights and obligations regarding adjustments.
CALCULATION AND DURATION OF ADJUSTMENT. On each Interest Adjustment Date and during the Accrual Period commencing on such date, (a) the Applicable LIBOR Percentage shall be the percent per annum in Basis Points indicated in the definition of the term “Applicable LIBOR Percentage” corresponding to the Net Leverage Ratio as of the Interest Determination Date for such Interest Adjustment Date and (b) the Applicable Prime Rate Percentage shall be the percent per annum in Basis Points indicated in the definitions of the term “Applicable Prime Rate Percentage” corresponding to the Net Leverage Ratio as of the Interest Determination Date for such Interest Adjustment Date.
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CALCULATION AND DURATION OF ADJUSTMENT. On each Margin Adjustment Date, the Applicable LIBOR Margin shall be the Applicable LIBOR Margin set forth in the definition of "Applicable LIBOR Margin" which corresponds to the Borrower's Consolidated Total Funded Debt to EBITDA Ratio as of the Determination Date applicable to such Margin Adjustment Date. The Applicable LIBOR Margin effective as of a particular Margin Adjustment Date shall remain effective only until the next succeeding Margin Adjustment Date at which time the Applicable LIBOR Margin shall be recalculated pursuant to this Subsection (b); provided, however, that: (I) if at any time an Event of Default shall have occurred that has not been waived in writing by all of the Banks, or if the Borrower shall not have delivered as of any Margin Adjustment Date the financial statements required to have been delivered under Sections 0 and 0 of this Agreement, then, at the election of the Required Banks, the Applicable LIBOR shall immediately adjust to be eight-tenths of one percent (0.80%) per annum and (II) if an Event of Default shall have occurred which has not been waived in writing by the Required Banks, the interest rate shall, upon the request
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CALCULATION AND DURATION OF ADJUSTMENT. On each Interest Adjustment Date and during the Accrual Period commencing on such date, the Applicable LIBOR Percentage shall be the percent per annum in Basis Points indicated in the definitions of the term "Applicable LIBOR Percentage" corresponding to the Total Leverage Ratio as of the Interest Determination Date for such Interest Adjustment Date.
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CALCULATION AND DURATION OF ADJUSTMENT. On each Margin Adjustment Date, the Applicable Margin shall be the Applicable Margin set forth in the definition of "Applicable Margin" for Alternate Base Rate Loans or the LIBOR Rate Loans, as the case may be, comprising Revolving Credit Borrowings which corresponds to the Borrower's average Excess Availability for the immediately preceding Fiscal Month. The Applicable Margin effective as of a particular Margin Adjustment Date shall remain effective only until the next succeeding Margin Adjustment Date at which time the Applicable Margin shall be recalculated pursuant to this Subsection (b); PROVIDED, HOWEVER, that: (A) if (x) an Event of Default shall have occurred which is continuing and has not been waived in accordance with Section 15.1 hereof or (y) the Administrative Agent does not receive the certificate complying with Section 8.1(d)(iv) hereof as to accounts payable, then, subject to the Required Lender election specified in Section 2.12(c) hereof, the Applicable Margin shall be: (a) with respect to Revolving Credit Borrowings comprised of Alternate Base Rate Loans, the Alternate Base Rate PLUS 1.25% per annum and (b) with respect to (X) Revolving Credit Borrowings comprised of LIBOR Rate Loans other than Fixed asset Component Loans, the London Interbank Offered Rate PLUS 3.25% per annum and (Y) Revolving Credit Borrowings comprised of LIBOR Rate Loans comprise of Fixed asset Component Loans, the London Interbank Offered Rate PLUS 3.75% per annum; and (B) if an Event of Default shall have occurred which is continuing and has not been waived in accordance with Section 15.1 hereof, the interest rate shall be, upon the election of the Required Lenders, the default interest rate applicable pursuant to Section 2.12(c) of this Agreement.
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CALCULATION AND DURATION OF ADJUSTMENT. On each Interest Adjustment Date the Applicable LIBOR Percentage and the Applicable Prime Rate Percentage shall be the percent per annum in Basis Points indicated in the definitions of the terms "Applicable LIBOR Percentage" and "Applicable Prime Rate Percentage" corresponding to the Borrower's Total Leverage Ratio as of the Interest Determination Date for such Interest Adjustment Date. Notwithstanding anything to the contrary contained in the foregoing, upon and during the continuance of an Event of Default, but without waiving such Event of Default or limiting any right or remedy of the Banks or the Agent in respect thereof, (A) the Applicable LIBOR Percentage shall immediately revert to Two Hundred Seventy-five (275) Basis Points if a Qualifying Sub-Debt Issuance has not occurred and Two Hundred Fifty (250) Basis Points if a Qualifying Sub-Debt Issuance has occurred, and (B) the Applicable Prime Rate Percentage shall immediately revert to One Hundred Seventy-five (175) Basis Points.
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CALCULATION AND DURATION OF ADJUSTMENT. On each Margin Adjustment Date, the Applicable Margin shall be the Applicable Margin set forth in the definition of "Applicable Margin" for Alternate Base Rate Loans or the LIBOR Rate Loans, as the case may be, comprising Revolving Credit Borrowings
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CALCULATION AND DURATION OF ADJUSTMENT. On each Interest Adjustment Date the Applicable Loan Percentage shall be the Applicable Loan Percentage indicated in the definition of the term "Applicable Loan Percentage" corresponding to Shiloh's Consolidated Ratio of Funded Debt to EBITDA as of the Determination Date applicable thereto. Any such adjustment of the Applicable Loan Percentage shall cease to be effective commencing on the earliest of (x) the next Interest Adjustment Date, (y) the Banking Day following the day on which the financial statements required to be delivered under Section 8.1(a) or 8.1(b), as the case may be, for the period ending as of the last day of the Fiscal Quarter or Fiscal Year immediately preceding the date upon which the then Applicable Loan Percentage shall cease to be effective or (z) the date upon which an Event of Default shall occur. The Applicable Loan Percentage effective from such earlier date and from time to time thereafter shall be the Applicable Loan Percentage as may be applicable at such time pursuant to this Section 3.5(b); provided, however, that (A) if an Event of Default (other than an Event of Default under Section 10.1) shall occur, the Applicable Loan Percentage shall be 2.0% per annum in excess of the rate per annum required to be paid on such Loans immediately prior to the date on which such Event of Default shall have occurred and (B) if an Event of Default under Section 10.1 shall occur, the interest rate shall be the interest rate in effect pursuant to Section 3.5(c).
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CALCULATION AND DURATION OF ADJUSTMENT. On each Interest Adjustment Date and during the Accrual Period commencing on such date, (a) the Applicable Term SOFR Rate Percentage shall be the percent per annum in Basis Points indicated in the definition of the term “Applicable Term SOFR Rate Percentage” corresponding to the Net Leverage Ratio as of the Interest Determination Date for such Interest Adjustment Date and (b) the Applicable Base Rate Percentage shall be the percent per annum in Basis Points indicated in the definitions of the term “Applicable Base Rate Percentage” corresponding to the Net Leverage Ratio as of the Interest Determination Date for such Interest Adjustment Date.
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CALCULATION AND DURATION OF ADJUSTMENT. On each Interest Adjustment Date and during the Accrual Period commencing on such date, (a) the Applicable LIBORTerm SOFR Rate Percentage shall be the percent per annum in Basis Points indicated in the definition of the term “Applicable LIBORTerm SOFR Rate Percentage” corresponding to the Net Leverage Ratio as of the Interest Determination Date for such Interest Adjustment Date and (b) the Applicable Prime Rate Percentage shall be the percent per annum in Basis Points indicated in the definitions of the term “Applicable ​ - 43 - 1095144433\6\AMERICAS ​ Prime Rate Percentage” corresponding to the Net Leverage Ratio as of the Interest Determination Date for such Interest Adjustment Date.
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Related to CALCULATION AND DURATION OF ADJUSTMENT

  • Determination of Adjustments If any questions will at any time arise with respect to the Exercise Price or any adjustment provided for in Section 4.8, such questions will be conclusively determined by the Company’s Auditors, or, if they decline to so act any other firm of certified public accountants in the United States of America that the Company may designate and who will have access to all appropriate records and such determination will be binding upon the Company and the Holders of the Warrants.

  • Calculation of Adjustments All adjustments to the Settlement Rate shall be calculated to the nearest 1/10,000th of a share of Common Stock (or if there is not a nearest 1/10,000th of a share to the next lower 1/10,000th of a share). No adjustment in the Settlement Rate shall be required unless such adjustment would require an increase or decrease of at least one percent therein; provided, that any adjustments which by reason of this subparagraph are not required to be made shall be carried forward and taken into account in any subsequent adjustment. If an adjustment is made to the Settlement Rate pursuant to paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of this Section 5.6(a), an adjustment shall also be made to the Applicable Market Value solely to determine which of clauses (i), (ii) or (iii) of the definition of Settlement Rate in Section 5.1(a) will apply on the Stock Purchase Date. Such adjustment shall be made by multiplying the Applicable Market Value by a fraction, the numerator of which shall be the Settlement Rate immediately after such adjustment pursuant to paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of this Section 5.6(a) and the denominator of which shall be the Settlement Rate immediately before such adjustment; provided, that if such adjustment to the Settlement Rate is required to be made pursuant to the occurrence of any of the events contemplated by paragraph (1), (2), (3), (4), (5), (7) or (10) of this Section 5.6(a) during the period taken into consideration for determining the Applicable Market Value, appropriate and customary adjustments shall be made to the Settlement Rate.

  • Notification of Adjustments With respect to each Adjustable Rate Mortgage Loan, the Servicer shall adjust the Mortgage Interest Rate on the related interest rate adjustment date and shall adjust the Monthly Payment on the related mortgage payment adjustment date, if applicable, in compliance with the requirements of applicable law and the related Mortgage and Mortgage Note. The Servicer shall execute and deliver any and all necessary notices required under applicable law and the terms of the related Mortgage Note and Mortgage regarding the Mortgage Interest Rate and Monthly Payment adjustments. The Servicer shall promptly, upon written request therefor, deliver to the Master Servicer such notifications and any additional applicable data regarding such adjustments and the methods used to calculate and implement such adjustments. Upon the discovery by the Servicer or the receipt of notice from the Master Servicer that the Servicer has failed to adjust a Mortgage Interest Rate or Monthly Payment in accordance with the terms of the related Mortgage Note, the Servicer shall immediately deposit in the Custodial Account from its own funds the amount of any interest loss or deferral caused thereby.

  • Adjustments to the Conversion Rate (A) Events Requiring an Adjustment to the Conversion Rate. The Conversion Rate will be adjusted from time to time as follows:

  • Timing of Issuance of Additional Common Stock Upon Certain Adjustments In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.