Adjustment Schedule. 3.1 If the Uptime Percentage specified in Schedule 3(a) is not achieved for Uptime System, then the specified discount will be applied to all payments due during the next Uptime Measurement Period for the Uptime System that did not achieve the Uptime Percentage.
Adjustment Schedule. 3.1 If the Uptime Percentage specified in Schedule 3(a) is not achieved for System Uptime, then the specified future contract reduction will be applied to all payments due during the next Uptime Measurement Period (one (1) year) for the System that did not achieve the Uptime Percentage. Schedule 3(a): Agreement Payment Adjustment Schedule for System.
Adjustment Schedule. A. OVERVIEW The Parties agree that the Sandoz Parties shall have the right to offset Excess Costs against Commercial Milestone Payments, Profit Interest and royalties (whether paid pursuant to Sections 4.6.1, 4.7.1 or 4.8.1), to the extent, and subject to the limitations, set forth in this Schedule. DEFINITIONS: "ACTUAL MOMENTA ECONOMIC INTEREST". Actual Momenta Economic Interest means, with respect to a Post-Launch Quarter, the percentage calculated in accordance with the following table:
Adjustment Schedule. (a) As soon as practicable after the Closing Date (but in any event not more than 150 days after the Closing Date), the Buyer shall cause to be prepared and delivered to Seller Representatives and the Escrow Agent a schedule (the "Adjustment Schedule") which shows, as of the Effective Time, the calculation of the Consideration as provided in Section 1.2(a) and as adjusted pursuant to Section 1.4.
Adjustment Schedule. 6 1.6 Escrow....................................................... 8 1.7 Appointment of the Seller Representatives.................... 9 1.8 The Closing.................................................. 10 1.9 Deliveries by the Sellers. .................................. 11 1.10 Deliveries by the Buyer...................................... 14 1.11 Articles of Incorporation; By-Laws........................... 15 1.12 Directors and Officers of the Surviving Corporation.................................................. 15 1.13 Rate Cap Consideration Adjustments........................... 16
Adjustment Schedule. Seller will prepare and deliver to Buyer within ninety (90) days after the Closing Date a report computing the details of the allocations prescribed in Section 2.5(a), in accordance with the provisions of this Agreement. Within thirty (30) days after receiving the report, Buyer will provide Seller with written notice of any objections to the computations. If Buyer has no objections, the party obligated to make payment under the report will do so within five (5) Business Days after the expiration of the thirty- (30-) day period described in the previous sentence. Any disagreement that cannot be resolved by the parties within thirty (30) days after the delivery of written notice of objection by Buyer will be resolved by an independent accounting firm mutually agreeable to the parties. The fees and expenses of such independent account firm shall be borne equally by the parties.
Adjustment Schedule. 3 Agreement.......................................................................................................1 Assets..........................................................................................................2
Adjustment Schedule. 6 1.6 Escrow................................................................................... 9 1.7 The Closing.............................................................................. 9 1.8 Deliveries by the Seller and Partners.................................................... 10 1.9 Deliveries by the Buyer.................................................................. 11 1.10 Allocation of the Consideration......................................................... 12
Adjustment Schedule. (a) As soon as practical after the Closing Date (but in any event not more than 60 days after the Closing Date), the Shareholder Representative shall cause to be prepared and delivered to the Purchaser a balance sheet for the Company as of the Closing Date with related information and supporting detail (the "Closing Balance Sheet") and a schedule with supporting detail which shows the calculation of the Tax Payment Amount and the adjustments required by Section 1.4 (the "Adjustment Schedule"). The Closing Balance Sheet shall be prepared in accordance with generally accepted accounting principles consistently applied utilizing the same methodology and adjustments as were used in preparing the Company's 1996 Estimated Balance Sheet. The Closing Balance Sheet and the Adjustment Schedule (collectively, the "Closing Adjustments") shall be audited by the Company's accounting firm (McGladrey & Xxxxxx, L.L.P.) at the Company's expense (any unpaid portion of which will be accrued on the books of the Company and reflected on the Closing Balance Sheet).
Adjustment Schedule. CPI adjustments to the Base Rental shall be made every five (5) years during the Term with the first such adjustment to be made effective on the first day following the fifth anniversary of the issuance of the Certificate of Occupancy or Conditional Certificate of Occupancy, whichever occurs first. Such CPI adjustments as may be applicable for a partial month shall be remitted with the first full monthly payment due at the adjusted amount.
