Value Adjustment Sample Clauses

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Value Adjustment. If the fair market value of the property described in Section 3.1(a)(i)(x) and (y) of the Distribution Agreement (the "XY Property") is
Value Adjustment. The Borrower and the Banks have agreed to a one-time market value adjustment increase in the amount of $63,500,000.00 to the value of the assets of the Borrower as of the date of this Agreement, and the financial covenants set forth in Section 9.1, Section 9.4, Section 9.5 and Section 9.8 (including without limitation the Borrower's Consolidated Tangible Net Worth and the value of the Borrower's Consolidated Total Assets) shall for the term of this Agreement be tested against the market value of the Borrower's assets, based on such one-time market value adjustment, plus all real estate depreciation to such assets since the date of the Borrower's initial public offering.
Value Adjustment. The Borrower and the Banks have agreed to a one-time market value adjustment to the Asset Value of each parcel of Real Estate as contained in SCHEDULE 3 attached hereto and by this reference incorporated herein, and the financial covenants set forth in Section 9.1, Section 9.4, Section 9.5 and Section 9.6 shall for the term of this Agreement be tested against the market value of each such parcel of Real Estate, based on such one-time market value adjustment. As so adjusted, the Asset Value of the Initial Unencumbered Operating Properties is $197,452,161.00 and the Asset Value of the Real Estate is $350,780,715.00. Within thirty (30) days of the Closing Date, the Borrower shall provide the Agent with a schedule listing the book value of each parcel of Real Estate.
Value Adjustment. 59 Section 9.8. Annualization of Results . . . . . . . . . . . . . . .59
Value Adjustment. The Borrower and the Banks have agreed to a one-time market value adjustment to the Asset Value of each parcel of Real Estate as contained in SCHEDULE 3 attached hereto and by this reference incorporated herein, and the financial covenants set forth in -Section-9.1, -Section-9.4, -Section-9.5 and -Section-9.6 shall for the term of this Agreement be tested against the market value of each such parcel of Real Estate, based on such one-time market value adjustment. As so adjusted, the Asset Value of the Initial Unencumbered Operating Properties is $110,689,687.00, and the Asset Value of the Real Estate is $269,416,009.00. Within thirty (30) days of the Closing Date, the Borrower shall provide the Agent with a schedule listing the book value of each parcel of Real Estate.
Value Adjustment. 54- ---------------- Section 9.10. CBHS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -55- ---- Section 9.11. Unencumbered Operating Properties. . . . . . . . . . . . . . . . . . . . . . . . -55- ---------------------------------
Value Adjustment. 56- Section 9.8. ANNUALIZATION OF RESULTS.........................-57-
Value Adjustment. (1) If, on one Banking Day, the aggregate loan amount of one of the parties falls short of the aggregate loan amount of the other party, then the former party shall at any time be entitled to require a value adjustment. The value adjustment shall be calculated as the difference between the aggregate loan amounts, and shall be paid if the minimum amount specified in no. 11 para. 7 has been reached. (2) The aggregate loan amount of a party shall be calculated as: (a) the aggregate of the Market Values calculated I accordance with no. 11 para. 2 of all Loaned Securities delivered to it by the other party under Transactions which have not yet been completed, taking into consideration any premiums which may have been agreed for the relevant Transaction to compensate for any price increases of the Loaned Securities, and (b) the value of any assets received under a previous value adjustment which the party has not yet restored; in case of payments, the value shall be calculated as the nominal amount plus accrued interest. (3) Value adjustment must be made before the end of the first Banking Day following receipt of the notification. The value adjustment shall be done by delivery of assets on which the parties shall agree. The party under an obligation to deliver the value adjustment shall first use any assets received under previous value adjustment which it has not yet restored. If there is no explicit agreement on the type of assets to be delivered, the delivery of bonds of the Federal Republic of Germany denominated in Euro is deemed to have been agreed. (4) The assets paid or delivered in the framework of value adjustments can be substituted, either as a whole or in part, without the consent of the other party by money in Euro or bonds of the Federal Republic of Germany denominated in Euro. The substitution shall be made one Banking Day after receipt of a respective notification in return for the retransfer of the assets to be substituted. Taxes, fees or costs which arise in connection with the substitution shall be borne by the substituting party. (5) The provision of this Master Agreement concerning the Loaned Securities shall apply accordingly to securities which are delivered for the purpose of value adjustment, with the exception of no. 5, no. 7 paras. 1-3 and no. 8.

Related to Value Adjustment

  • Market Value Adjustment Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

  • Share Adjustments If the Company's outstanding shares of Common Stock are increased or decreased or changed into or exchanged for a different number or kind of shares or other securities of the Company by reason of any recapitalization, reclassification, stock split, combination of shares, stock dividend, or transaction having similar effect, the Board shall proportionately and appropriately adjust the number and kind of shares that are subject to this Option and the Exercise Price Per Share, without any change in the aggregate price to be paid therefor upon exercise of this Option.

  • 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.

  • Price Adjustment Civil works contracts of long duration (more than 18 months) shall contain an appropriate price adjustment clause.

  • CPI Adjustment If the CPI Percentage Increase (as defined below) is more than [***] for the relevant Adjustment Period, then the Rent payable during that Adjustment Period shall be adjusted upward by a percentage equal to the CPI Percentage Increase (as defined below) applicable to such Adjustment Period, but not to exceed an adjustment during any Adjustment Period of greater than [***]. The term “Consumer Price Index” shall mean the unadjusted Consumer Price Index for All Urban Workers, U.S. City Average, All Items, 1982-84=100, calculated and published by the United States Department of Labor, Bureau of Labor Statistics. The “CPI Percentage Increase” shall mean, with respect to any Adjustment Period, [***]. For the avoidance of doubt, no CPI Adjustment shall be made to any payment due under this Ground Lease for any Adjustment Period if the result of such CPI Adjustment would be to (a) reduce the amount of such payment to an amount that is less than the amount of such payment due for the immediately preceding Adjustment Period or (b) to raise the amount of such payment to an amount that is greater than [***]. For illustrative purposes only, [***]. The CPI Percentage Increase for any Adjustment Period shall be calculated by the Tenant, and the Tenant shall deliver written notice to the Landlord describing such calculation in reasonable detail (a “CPI Notice”) no later than thirty (30) days after the commencement of any Adjustment Period. If the Landlord disagrees with the Tenant’s calculation of the CPI Percentage Increase, then the Landlord shall deliver to the Tenant written notice, describing the basis for such disagreement in reasonable detail (a “CPI Disagreement Notice”), not later than thirty (30) days after delivery of the CPI Notice. If the Landlord fails to deliver a CPI Disagreement Notice within thirty (30) days after delivery of any CPI Notice, then the Landlord shall be conclusively deemed to have agreed with the calculation of the CPI Percentage Increase set forth in such CPI Notice.