Acknowledgment of Adjustment Sample Clauses
Acknowledgment of Adjustment. Because the Tax Equalization Payment is intended to provide funds to maintain life insurance in amounts sufficient to eliminate any disparities in United States Estate Taxes between Executive and Spouse and other citizen executive employees, Newmont agrees to a periodic review and, if requested (as set forth below), an increase in the amount of the Tax Equalization Payment based upon the financial condition of Executive and Spouse, subject to the limitation set forth in paragraph (c) below of this Section 3.
Acknowledgment of Adjustment. Each Standstill Lender acknowledges that, upon the commencement of the Cases, pursuant to Section 12.7(a) of the Credit Agreement, each Lender was deemed to have purchased an interest in the Obligations owing to each other Lender (and, to the extent necessary after giving effect to any actual recoveries on such Obligations is required actually fund such purchase) such that, after giving effect to all such purchases or deemed purchases, each Lender is owed directly or through such purchase or deemed purchase the portion of the aggregate amount of Obligations then outstanding with respect to each of the Tranche A Term Loan Facility, the Tranche B Term Loan Facility and the Revolving Credit Facility equal to such Lender's ratable share (determined on the basis of the amount of the Commitment of such Lender to such Facility or of the aggregate outstanding principal and/or face amount of Obligations owing to such Lender under such Facility, as the case may be, immediately prior to the commencement of the Cases) of all Obligations then outstanding.