Adjusted Highest Compliant Tender Price definition

Adjusted Highest Compliant Tender Price means the Highest Compliant Tender Price less the aggregate of:
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Adjusted Highest Compliant Tender Price the price offered by the Compliant Tenderer (if any) with the highest tender price with the highest tender price less the aggregate of: (a) the Post Termination Service Amounts (if a positive number); (b) the Tender Costs; and (c) amounts that the Authority is entitled to set off or deduct under Clause 33.8. plus an amount equal to the aggregate of: (i) all credit balances on any bank accounts held by or on behalf of the Contractor on the date that the highest priced Compliant Tender is received; and (ii) any insurance proceeds and other amounts owing to the is entitled Contractor (and which the Contractor is entitled to retain) to the extent not included in (i) above; and (iii) the Post Termination Service Amounts (if a negative number) to the extent that: (A) (i), (ii) and (iii) have not been directly taken into account in that Compliant Tender; and (B) the Authority has received such amounts in accordance with the Agreement.
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Adjusted Highest Compliant Tender Price means, subject to paragraph 307.15 of Section 2 (Compensation for Project Co Default) of this Schedule Part 17 (Compensation on Termination), the Highest Compliant Tender Price adjusted as follows: where in respect of any month or part of a month from the Termination Date to the Compensation Date the Post Termination Service Amount is a negative number, the aggregate of all such negative Post Termination Service Amounts shall be set against and shall reduce such highest tender price (whether or not such amounts have been set-off by the Authority pursuant to paragraph 307.8 of Section 2 (Compensation for Project Co Default) of this Schedule Part 17 (Compensation on Termination)); and the aggregate of the following amounts shall be deducted from the Highest Compliant Tender Price: the Forecast Surpluses; the Post Termination Service Amounts actually paid by the Authority to Project Co prior to the Compensation Date; the Tender Costs; and amounts that the Authority is entitled to set off or deduct, and the aggregate of the following amounts shall be added to such highest tender price: all credit balances on any bank accounts held by or on behalf of Project Co on the date that the highest priced Compliant Tender is received; and any insurance proceeds and other amounts owing to Project Co (and which Project Co is entitled to retain), to the extent not included in (d); to the extent that: (f) and (g) have not been directly taken into account in that Compliant Tender; and the Authority has received such amounts in accordance with this Agreement;
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Examples of Adjusted Highest Compliant Tender Price in a sentence

  • If any such Post Termination Service Amount has not been set off on or before the Compensation Date then it shall be taken into account in the calculation of the Adjusted Highest Compliant Tender Price.

  • The Authority shall not be bound to consider or act upon such representations but acknowledges that such representations may be referred to by the Contractor in the event that the Contractor refers a dispute relating to the Adjusted Highest Compliant Tender Price to dispute resolution in accordance with the Dispute Resolution Procedure.

  • The Tender Process Monitor will not disclose any confidential information to the Contractor or any other person (and shall provide an undertaking to the Authority to such effect as a condition of its appointment) but shall be entitled to advise the Contractor as to whether it considers that the Authority has acted in accordance with the Tender Process, and correctly determined the Adjusted Highest Compliant Tender Price.

  • If the Contractor refers a dispute relating to the Adjusted Highest Compliant Tender Price to the Dispute Resolution Procedure, the Authority shall be entitled to enter into a New Contract.

  • The Adjusted Highest Compliant Tender Price shall be paid in accordance with Section 5 (General) of this Schedule Part 17 (Compensation on Termination).

  • The terms of the phased retirement must be specified in a written phased retirement agreement that is to be signed by the employee and the General Manager.

  • Paragraph 3.8 Negative Post Termination Service Amounts will always be taken into account in reducing the Adjusted Highest Compliant Tender Price irrespective of whether or not they have been set off against Positive Termination Service Amount.

  • IE2) Continue to monitor compliance with the Agreement IE3) Yakama Nation and Gorge Commission preferences regarding waste transportation through specific areas under their jurisdictions should be implemented through permit conditions and should continue to be monitored for compliance.

  • The discharge by the Authority of its payment obligation in clauses 51.2.11 and/or 51.2.12 shall be in full and final settlement of all the Contractor's claims and rights against the Authority for breaches and/or termination of this Agreement and the Project Documents whether under contract, tort, restitution or otherwise, save for any liability of the Authority which arose prior to the Termination Date that has not already been taken into account in determining the Adjusted Highest Compliant Tender Price.

  • If the Authority elects to retender the provision of the Project under clause 51.1 (Retendering Election), then the following provisions shall apply: The objective of the retendering procedure shall be to establish and pay to the Contractor the Adjusted Highest Compliant Tender Price, as a result of the Tender Process.


More Definitions of Adjusted Highest Compliant Tender Price

Adjusted Highest Compliant Tender Price as defined in Clause 43 (Definitions);
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Adjusted Highest Compliant Tender Price the Highest Compliant Tender Price less (without any double-counting) the aggregate of:
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Adjusted Highest Compliant Tender Price means the price offered by the Compliant Tenderer (if any) with the highest tender price, and if no Compliant Tenders are received zero, adjusted as follows:
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Adjusted Highest Compliant Tender Price means the Highest Compliant Tender Price less, to the extent it is a positive amount, the aggregate of: any Post Termination Service Amounts paid to the Private Party prior to the Compensation Date; the Tender Costs subject to a maximum of R8,000,000,00 (eight million Rand); and amounts that the CoT is entitled to set-off or deduct under paragraph 5.2 of Schedule 13 [Performance Standards and Payment Mechanism] plus the aggregate of: all credit balances on any bank accounts held by or on behalf of the Private Party on the date that the highest-priced Tender is received; any insurance proceeds and other amounts owing to the Private Party (and which the Private Party is entitled to retain), to the extent not included in (i); and the Post Termination Service Amounts (if a negative number), to the extent that: (aa) (i), (ii) and (iii) have not been directly taken into account in that Tender; and (bb) the CoT is entitled to such amounts in accordance with the Agreement.
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Adjusted Highest Compliant Tender Price means the Highest Compliant Tender Price less the aggregate of: any Post Termination Service Amounts paid to PPP Co. to date; the Tender Costs; and amounts that the Authority is entitled to set off or deduct under Clause 24.9 (Set-off) plus an amount equal to the aggregate of: all credit balances on any bank accounts held by or on behalf of PPP Co. on the date that the highest priced Compliant Tender is received; any insurance proceeds and other amounts owing to PPP Co., to the extent not included in (i); and the Post Termination Service Amounts (if a negative number) to the extent that: (i) and (ii) and (iii) have not been directly taken into account in that the Complaint Tender; and the Authority has received such amounts in accordance with the Project Agreement
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Adjusted Highest Compliant Tender Price means the Highest Compliant Tender Price less (without any double-counting) the aggregate of:
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Related to Adjusted Highest Compliant Tender Price

  • Adjusted Total turnover means the turnover in a State or a Union territory, as defined under sub-section (112) of section 2, excluding the value of exempt supplies other than zero-rated supplies, during the relevant period;

  • Adjusted CD Rate has the meaning set forth in Section 2.07(b).

  • Adjusted Mortgage Rate As to each Mortgage Loan, and at any time, the per annum rate equal to the Mortgage Rate less the Master Servicing Fee Rate.

  • Adjusted Fair Market Value means, in the event of a Change in Control, the greater of (i) the highest price per Share paid to holders of the Shares in any transaction (or series of transactions) constituting or resulting in a Change in Control or (ii) the highest Fair Market Value of a Share during the ninety (90) day period ending on the date of a Change in Control.

  • Weighted Average Adjusted Net Mortgage Rate For any Distribution Date and Loan Group, the average of the Adjusted Net Mortgage Rate of each Mortgage Loan in that Loan Group, weighted on the basis of its Stated Principal Balance as of the Due Date in the prior month (after giving effect to Principal Prepayments in the Prepayment Period related to such prior Due Date).

  • Excess Cash Amount means, as of any Excess Cash Measurement Date, (a) the total amount of Unrestricted Cash, less (b) the sum of (i) the applicable Minimum Cash Threshold hereto corresponding to such Excess Cash Measurement Date, (ii) the total amount of scheduled payments due by OEC and its Subsidiaries, taken as a whole, under (x) the New Notes and (y) any other Permitted Indebtedness in each case in the subsequent twelve (12) month period, (iii) projected expenses for the Issuer to conduct its operations during the subsequent twelve (12) month period, including any foreign currency conversion expenses and (iv) for any Excess Cash Measurement Date through (and including) December 31, 2024, any Fines due by OEC and its Subsidiaries for the subsequent twelve (12) month period; less (c) an amount equal to the Required Gross-Up; provided that any items already deducted from cash and short-term investments of OEC and its Subsidiaries for purposes of determining Unrestricted Cash shall not be deducted again for purposes of determining the Excess Cash Amount.

  • Minimum Weighted Average Spread Test means a test that will be satisfied on any day if the Weighted Average Spread of all Eligible Collateral Obligations included in the Collateral on such day is equal to or greater than 5.5%

  • Quantitative fit test or "QNFT" means an assessment of the adequacy of respirator fit by numerically measuring the amount of leakage into the respirator.

  • Applicable Measurement Period means the most recently completed four consecutive fiscal quarters of the Issuer immediately preceding the Applicable Calculation Date for which internal financial statements are available.

  • Adjusted Asset Value means, as of a given date, the sum of EBITDA attributable to malls, power centers and all other assets for the trailing four (4) quarters most recently ended, divided by (iii) 7.75%. In determining Adjusted Asset Value:

  • Minimum Weighted Average Coupon Test means a test that will be satisfied on any Measurement Date if the Weighted Average Coupon equals or exceeds 5.0%.

  • Excess valuation assets for a valuation period means, with

  • Fair Market Value Excess With respect to each Mortgage Loan to be purchased pursuant to Section 10.01(a), the excess, if any, of the Fair Market Value Call Price for such Mortgage Loan, over the Par Call Price for such Mortgage Loan. Any Fair Market Value Excess will not become part of the related Group Available Funds, but shall instead be distributed directly to the Holders of the Class A-LR Certificates pursuant to Section 4.02(g).

  • Portfolio Adjusted Yield means, with respect to any Monthly Period, the average of the percentages obtained for each of the three preceding Monthly Periods by subtracting the Base Rate for such Monthly Period from the Portfolio Yield for such Monthly Period.

  • Adjusted gross proceeds means gross proceeds less cash prizes, cost of

  • Market Value Adjustment means, on a given date, an amount equal to the lesser of (x) 98% and (y) a percentage determined according to the following formula: Market Value Adjustment = 98% – [(10yrCMTt – 10yrCMTlaunch) ×Duration], where 10yrCMTt = the 10-Year Treasury Constant Maturity Rate published each business day by the Board of Governors of the Federal Reserve System, or, if such rate ceases to be published, a successor rate reasonably determined by the Trustees (the “10-Year CMT”), on such repurchase date; 10yrCMTlaunch = the 10-Year CMT as of the end of the Initial Offering Period; and Duration = an estimate of the duration of the periodic interest payments of a hypothetical coupon-paying U.S. Government Security with a 25-year maturity, calculated by the Trust’s Investment Manager as of the end of the Initial Offering Period;

  • Adjusted gross income means that term as defined in section 62 of the internal revenue code of 1986.

  • Modified adjusted gross income means “federal adjusted gross income”:

  • Three-Month Secondary CD Rate means, for any day, the secondary market rate for three-month certificates of deposit reported as being in effect on such day (or, if such day is not a Business Day, the next preceding Business Day) by the Board through the public information telephone line of the Federal Reserve Bank of New York (which rate will, under the current practices of the Board, be published in Federal Reserve Statistical Release H.15(519) during the week following such day) or, if such rate is not so reported on such day or such next preceding Business Day, the average of the secondary market quotations for three-month certificates of deposit of major money center banks in New York City received at approximately 10:00 a.m., New York City time, on such day (or, if such day is not a Business Day, on the next preceding Business Day) by the Administrative Agent from three negotiable certificate of deposit dealers of recognized standing selected by it.

  • Adjusted Value as used in subdivision (d) means:

  • Unadjusted Benchmark Replacement means the applicable Benchmark Replacement excluding the related Benchmark Replacement Adjustment.

  • Partially Adjusted Capital Account means, with respect to any Member for any taxable year or other period of the Company, the Capital Account balance of such Member at the beginning of such year or period, adjusted for all contributions and distributions made or deemed made to or by such Member during such year or period and all special allocations to such Member pursuant to Section 6.2 with respect to such year or period, but before giving effect to any allocations of Net Profit or Net Loss to such Member pursuant to Section 6.1 with respect to such year or period.

  • Maximum Weighted Average Life Test means a test that will be satisfied on any date of determination if the Weighted Average Life of all Eligible Collateral Obligations included in the Collateral is less than or equal to 5.50 years.