Exchange Basis Clause Samples

Exchange Basis. Each of Aris Holdings, as successor to the Corporation, Aris and the Warrant Agent hereby acknowledge and agree that, as and from the date hereof, in accordance with the terms of the Indenture and as a result of the Plan of Arrangement, any Warrantholder who exercises a Warrant shall be entitled to receive, and shall accept in lieu of each Corporation Share to which such holder was previously entitled and for the same consideration (which for clarity is agreed to be the Exercise Price), the Aris Share Consideration (which for clarity is agreed to be 0.5 of one Aris Share), subject to adjustment in accordance with the terms of the Indenture.
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Exchange Basis. Each of META, High Tide and the Trustee acknowledge and agree that, as and from the date hereof, in accordance with the Debenture Indenture, any Debentureholder who becomes entitled to META Shares pursuant to the Debenture(s) will be entitled to receive, and will accept in lieu of each META Share to which such holder was theretofore entitled, 0.824 of a High Tide Share, subject to further adjustment as provided herein, and the Indenture.
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Exchange Basis. Except for the differentials, taxes, governmental fees, or -------------- other payments expressly provided in the Special Provisions, the Agreement shall be on a barrel-for-barrel basis without the payment of money by one party to the other party. Balances - Unless otherwise specified in the Special Provisions, both -------- parties will keep the volumes exchanged under the Agreement in approximate balance at all times. Upon termination of this Agreement and after the reconciliation and agreement of balances, all remaining balances shall be settled within ninety (90) calendar days as follows: PAGE 5 OF 8 EXXON COMPANY, U.S.A. GENERAL PROVISIONS (A) Products 1. Any product balances equal to or greater than 5,000 barrels will be settled by either a physical delivery or a book transfer to another agreement as mutually agreed in writing before such settlement is made.
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Exchange Basis. 4.1 Except for the exchange fees (Differentials), Taxes, governmental fees or other payments expressly provided for in this Addendum, each exchange Transaction shall be on a gallon-for-gallon basis without the payment of money by one Party to the other Party. Except as otherwise provided herein, the volumes of Product delivered by the Parties hereunder shall be kept in approximate balance throughout the term of each Transaction. In the event that the exchange becomes out of balance by 30% of receiving Party’s total truck nomination due to the receiving party not being able to deliver the projected balance owed as planned, then the delivering Party may suspend delivering Product until such time as an approximate balance is restored. Any exchange imbalance due either Party shall be carried forward from month to month with and subsequent deliveries will be being applied first to the exchange imbalance and then to further delivery obligations, or purchased by the owing party as per terms of the exchange agreement.. 4.2 Differentials based on pipeline tariffs shall be adjusted upward or downward in an amount equal to the change to the applicable pipeline tariff. Changes in tariffs effective the first day of the Month shall modify the Differential as of the first day of that month. Changes in tariffs effective other than on the first day of the month shall modify the Differentials effective the first day of the following month. No notification is necessary to change the Differentials for a common carrier pipeline. Pipeline loss allowances stated in the tariff will be borne by receiving Party for pipelines that charge for volumetric loss. 4.3 Each Party shall be responsible for notifying the other Party of all cancellations of their respective agents’ terminal lifting privileges. Such cancellation shall be immediately given by telex or certified mail. Each Party hereby agrees that it shall be responsible for any unauthorized liftings of product(s) by its respective agents or former agents prior to the other Party’s receiving notice of cancellation of such agents’ terminal lifting privileges.
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Exchange Basis. Each of HEXO, Tilray and the Warrant Agent hereby acknowledge and agree that, as and from the date hereof, in accordance with the terms of the Indenture and as a result of the Plan of Arrangement, any Warrantholder who exercises that holder's right to receive HEXO Shares pursuant to the Warrant(s) shall be entitled to receive, and shall accept in lieu of the number of HEXO Shares to which such holder was previously entitled upon such exercise and for the same consideration, the Tilray Share Consideration, subject to adjustment in accordance with the terms of the Indenture. Tilray hereby covenants, acknowledges and agrees that, as and from the Arrangement Effective Date, Tilray shall make available or cause to be made available the Tilray Shares in accordance with and subject to the terms of the Indenture and this Third Supplemental Warrant Indenture.
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Exchange Basis. Each of Nomad, Sandstorm and the Warrant Agent acknowledges and agrees that, as and from the date hereof, in accordance with Section 4.1(d) of the Indenture, any Warrantholder who exercises that holder’s Warrants will be entitled to receive, and will accept in lieu of each whole Nomad Share to which such holder was theretofore entitled upon such exercise, the Consideration, subject to further adjustment as provided herein and the Indenture.
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Exchange Basis. The exchange basis shall be the average bid price of the common stock as reported on the OTC Electronic Bulletin Board during the first five trading days of the month during which Consultant elects to effect an exchange.
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Related to Exchange Basis

  • Adjustments to Exchange Ratio The Exchange Ratio shall be adjusted to reflect appropriately the effect of any stock split, reverse stock split, stock dividend (including any dividend or distribution of securities convertible into Parent Common Stock or Company Common Stock), reorganization, recapitalization, reclassification or other like change with respect to Parent Common Stock or Company Common Stock occurring on or after the date hereof and prior to the Effective Time.

  • Exchange Rates Notwithstanding the foregoing, for purposes of any determination under Section 9, Section 10 or Section 11 or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding, or proposed to be incurred or outstanding in currencies other than Dollars shall be translated into Dollars at the Spot Rate; provided, however, that for purposes of determining compliance with Section 10 with respect to the amount of any Indebtedness, Restricted Investment, Lien, Asset Sale, or Restricted Payment in a currency other than Dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness, Lien or Restricted Investment is incurred or Asset Sale or Restricted Payment made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.6 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness, Lien, or Investment may be incurred or Asset Sale or Restricted Payment made at any time under such Sections. For purposes of any determination of Consolidated Total Debt or Consolidated First Lien Secured Debt, amounts in currencies other than Dollars shall be translated into Dollars at the currency exchange rates used in preparing the most recently delivered Section 9.1

  • Market Adjustment The parties to this Agreement recognize the appropriateness of market pay adjustments in rare instances for compelling reasons. To effectuate judgments in such cases, the President and AAUP Chapter President, in consultation, shall each name three (3) individuals to a university Market Evaluation Committee. Deans may submit recommendations for market pay adjustments with supporting written reasons to the committee. Said Committee shall consult with the President concerning proposed market pay adjustments reporting its advice not later than May 15 in each year. Upon the favorable recommendation of the President and the Chancellor, market pay adjustments may be approved effective at the beginning of that pay period including September 1 of the following year. Not more than one (1) market pay adjustment per one hundred (100) full-time members, or fraction thereof, may be recommended in any contract year. A member’s salary may not be increased beyond the maximum for the rank. Funding for this program shall be governed by Article 12.10.2.

  • Market Adjustments Neither this Article nor any other in this Collective Agreement prevents the Employer from using other funds to increase a Member’s salary in response to offers received from other employers or to accommodate other market forces.

  • Transfer and Exchange of Definitive Notes for Definitive Notes Upon request by a Holder of Definitive Notes and such Holder’s compliance with the provisions of this Section 2.06(e), the Registrar will register the transfer or exchange of Definitive Notes. Prior to such registration of transfer or exchange, the requesting Holder must present or surrender to the Registrar the Definitive Notes duly endorsed or accompanied by a written instruction of transfer in form satisfactory to the Registrar duly executed by such Holder or by its attorney, duly authorized in writing. In addition, the requesting Holder must provide any additional certifications, documents and information, as applicable, required pursuant to the following provisions of this Section 2.06(e).