Others and Fee Adjustment Sample Clauses

The "Others and Fee Adjustment" clause defines how fees may be modified in response to changes involving third parties or unforeseen circumstances. Typically, this clause allows for adjustments to the agreed-upon fees if additional services are required due to actions or requirements from other parties, such as regulatory bodies or subcontractors, or if project scope changes. Its core function is to ensure that the contract remains fair and flexible, allowing for equitable compensation when external factors impact the original agreement.
Others and Fee Adjustment. 4.3.1 The Borrower shall pay the Arrangers and the Agent fees for the Arrangers’ formation of the Banks and the Agent’s management of affairs pertaining to this Agreement. The terms and conditions of such payment will be separately agreed upon in writing between the Borrower and the Agent. 4.3.2 If the Borrower records changes in its net income ratio according to its most recent consolidated financial statements required to be delivered to the Agent and the Banks, resulting in decreases in its Margin p.a., the Borrower shall inform the Agent in writing of such decrease, and the Agent will in turn notify the Banks. If the Banks do not dispute the accuracy of such changes in Borrower’s net income ratio to the Agent within five days of receipt of notice, the Margin p.a. of the Loans under the Facility, starting from the next Interest Payment Period, shall be decreased accordingly. However, if subsequently the Borrower’s net income ratio changes again, resulting in increases in its Margin p.a., the Borrower or the Banks shall inform the Agent in writing, and the Agent will in turn notify the Banks and the Borrower. If the Borrower and the Banks do not dispute the accuracy of such changes in Borrower’s net income ratio to the Agent within five days of receipt of notice, the Margin p.a. of the Loan under the Facility, starting at the next Interest Payment Period shall be increased accordingly. The calculation of the net income ratio shall be based on the most recent consolidated financial statements submitted by the Borrower in accordance with the provisions of this Agreement.
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Others and Fee Adjustment. The Borrower shall pay the Arrangers and the Agent fees for the Arrangers' formation of the Banks and the Agent's management of affairs pertaining to this Agreement. The terms and conditions of such payment will be separately agreed upon in writing between the Borrower and the Agent.
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Related to Others and Fee Adjustment

  • Fee Adjustments The fixed fees and other fees expressed as stated dollar amounts in this Schedule C and in this Agreement are subject to annual increases, commencing on the one-year anniversary date of the date of this Agreement, in an amount equal to the percentage increase in consumer prices for services as measured by the United States Consumer Price Index entitled “All Services Less Rent of Shelter,” or a similar index should such index no longer be published, since such one-year anniversary or since the date of the last fee increase, as applicable.

  • Equitable Adjustment The Department may, in its sole discretion, make an equitable adjustment in the Term Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor’s control, (2) the volatility affects the marketplace or industry, not just the particular Term Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Term Contract would result in a substantial loss.

  • Minimum Adjustment The adjustments required by the preceding sections of this Article IV shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that no adjustment of the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants that would otherwise be required shall be made unless and until such adjustment either by itself or with other adjustments not previously made increases or decreases by at least 1% the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount shall be carried forward and made as soon as such adjustment, together with other adjustments required by this Article IV and not previously made, would result in a minimum adjustment. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence. In computing adjustments under this Article IV, fractional interests in Common Stock shall be taken into account to the nearest one-hundredth of a share.

  • Proportional Adjustment In the event the Corporation shall at any time after the issuance of any share or shares of Series A Participating Preferred Stock (i) declare any dividend on Common Stock of the Corporation ("COMMON STOCK") payable in shares of Common Stock, (ii) subdivide the outstanding Common Stock or (iii) combine the outstanding Common Stock into a smaller number of shares, then in each such case the Corporation shall simultaneously effect a proportional adjustment to the number of outstanding shares of Series A Participating Preferred Stock.

  • Economic Price Adjustment is the adjustment to the Aircraft Basic Price (Base Airframe, Engine and Special Features) as calculated pursuant to Exhibit D.