Making of Adjustments Sample Clauses

The "Making of Adjustments" clause defines the process by which contractual terms, such as prices, quantities, or delivery schedules, can be modified in response to specific events or changes in circumstances. Typically, this clause outlines the triggers for adjustments—such as changes in law, unforeseen costs, or variations in project scope—and sets out the procedures for notifying the other party and agreeing on the revised terms. Its core practical function is to provide a structured mechanism for adapting the contract to changing conditions, thereby reducing disputes and ensuring that both parties remain aligned as circumstances evolve.
Making of Adjustments. 48 SECTION 9.02. Stipulated Loss Values: EBO Prices............................48 SECTION 9.03.
View Source
Making of Adjustments. In the event that on or prior to the Equipment Closing Date, it is determined that any of the factors constituting Pricing Assumptions (including but not limited to, the actual Lessor's Cost of the Equipment to be settled for on such Equipment Closing Date or the date of such Equipment Closing Date) shall be different from those reflected in the Pricing Assumptions and, the Owner Participant shall elect to effect an adjustment pursuant hereto; then, (x) the Pro Forma Schedules of Basic Rent, the EBO Price, Casualty Values and Termination Values for such Items of Equipment to be purchased on such Equipment Closing Date shall be adjusted by such amounts as shall be appropriate to preserve for the benefit of the Owner Participant its Net Economic Return and (y) the amortization schedules set forth in the Pro Forma Schedules for each Series of Notes to be issued on or after such Equipment Closing Date shall be adjusted in compliance with Section 9.5 hereof.
View Source
Making of Adjustments. (a) In the event that on or prior to the Equipment Closing Date, it is determined that any of the factors constituting Pricing Assumptions (including but not limited to, the actual Lessor's Cost of the Equipment to be settled for on such Equipment Closing Date or the date of such Equipment Closing Date) shall be different from those reflected in the Pricing Assumptions and, the Owner Participant shall elect to effect an adjustment pursuant hereto; then, (x) the Pro Forma Schedules of Basic Rent, the EBO Price, Casualty Values and Termination Values for such Items of Equipment to be purchased on such Equipment Closing Date shall be adjusted by such amounts as shall be appropriate to preserve for the benefit of the Owner Participant its Net Economic Return and (y) the amortization schedules set forth in the Pro Forma Schedules for each Series of Notes to be issued on or after such Equipment Closing Date shall be adjusted in compliance with Section 9.5 hereof. (b) In the event that: (i) a Refunding pursuant to Article XI hereof and Section 2.12 of the Indenture shall occur; or (ii) Transaction Expenses paid by the Owner Participant are different from 2% of Lessor's Cost; or (iii) a Modification is financed by the Lessor pursuant to Section 6.4 of the Lease; and, in any such case, the Owner Participant shall elect to effect an adjustment pursuant hereto; then, Basic Rent, the EBO Price, Casualty Values and Termination Values for all affected Items of Equipment shall be adjusted from time to time by such amounts as shall be appropriate to preserve for the benefit of the Owner Participant its Net Economic Return effective as of the next succeeding Rent Payment Date for such Items of Equipment.
View Source
Making of Adjustments. (a) If: (i) the Closing Date shall be other than the date specified in the notice given by Lessee pursuant to Section 2.04(b)); (ii) the Transaction Expenses shall be other than 2.25% of Lessor's Cost; provided that if the Transaction Expenses are in excess of such amount or such other amount specified in the notice given by Lessee pursuant to Section 2.04(b) Lessee may, upon 5 days notice to the Owner Participants, elect to pay such excess in lieu of an adjustment pursuant to this Section 9.01; (iii) any Tax Assumption Change described in a written notice from an Owner Participant to Lessee or from Lessee to an Owner Participant pursuant to Section 9.04 shall occur on or prior to the Closing Date; or (iv) the Closing Date is later than 4 days after the date of determination of the Index Rate utilized in the schedules prepared pursuant to Section 2.04(b); then, unless such changes or differences shall have previously been reflected in schedules prepared by the Owner Participants and accepted by Lessee, the Owner Participant Basic Rent Percentages, Owner Participant EBO Price Percentages, and Owner Participant SLV Percentages of such Owner Participant, shall be adjusted (utilizing the same economic and tax assumptions (except for the specified charge above) methodology and constraints as originally used by such Owner Participant) by such amounts as shall be appropriate first to adjust such Owner Participant's Economics to reflect any changes in the Index Rate referred to in clause (iv) above, and second so as to preserve such adjusted Owner Participant's Economics and, consistent therewith, to minimize the Implicit Interest Rate, to and including the EBO Date applicable to such Owner Participant. (b) All required adjustments under clause (i), (ii) or (iii) of Section 9.01(a) shall be made as soon as practicable and to the greatest extent possible prior to the Closing Date, but in no event later than the Adjustment Date. Lessee agrees, at its expense and at the request of any other party hereto, promptly to prepare, execute and deliver an amendment to the relevant Lease Supplement confirming any such adjustment.
View Source
Making of Adjustments. In the event that: (a) the Pricing Assumptions shall change as a result of a Change in Tax Law or Interpretation prior to any Funding Date; (b) the First Funding Date shall occur on a date other than November 1, 1996; (c) a Refunding pursuant to Article XII hereof and Section 2.12 of the Indenture shall occur; (d) any Tax Assumption Change shall occur prior to the First Funding Date; or (e) a Change in Tax Law or Interpretation shall occur as a result of which the net after-tax book yield component of Net Economic Return shall be reduced by at least 5% of the amount thereof; and in any such case, the Owner Participant shall elect to effect an adjustment pursuant hereto; then, the Basic Rent, EBO Price, Casualty Values and Termination Values shall be adjusted from time to time by such amounts as shall be appropriate to preserve for the benefit of the Owner Participant its Ne Economic Return effective as of the first Rent Payment Date thereafter.
View Source

Related to Making of Adjustments

  • 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.

  • Notice of Adjustments Upon the occurrence of each adjustment pursuant to this Section 9, the Company at its expense will promptly compute such adjustment in accordance with the terms of this Warrant and prepare a certificate setting forth such adjustment, including a statement of the adjusted Exercise Price and adjusted number or type of Warrant Shares or other securities issuable upon exercise of this Warrant (as applicable), describing the transactions giving rise to such adjustments and showing in detail the facts upon which such adjustment is based. Upon written request, the Company will promptly deliver a copy of each such certificate to the Holder and to the Company’s Transfer Agent.

  • 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.

  • 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.

  • Notice of Adjustment Upon the occurrence of any event which requires any adjustment of the Exercise Price, then, and in each such case, the Company shall give notice thereof to the holder of this Warrant, which notice shall state the Exercise Price resulting from such adjustment and the increase or decrease in the number of Warrant Shares purchasable at such price upon exercise, setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based. Such calculation shall be certified by the Chief Financial Officer of the Company.