Adjustments for Sulfur Content Sample Clauses

Adjustments for Sulfur Content. (a) During the Term of this Agreement, Seminole's right to suspend coal shipments pursuant to the sulfur content provisions of Section 10.3(3) of the Restated Agreement shall be limited to circumstances in which the sulfur content exceeds ******% for more than ****** percent (******%) of the coal shipped by Alliance during a month. This provision shall not affect Seminole's right to reject individual shipments of coal pursuant to Section 10.2(3) of the Restated Agreement. (b) Subject to Section 6.3(a), above, in any calendar month during the Term of this Agreement in which the weighted average sulfur content of coal delivered by Alliance exceeds ******%, the following provisions shall apply: (i) If the weighted average sulfur content is greater than ******% but less than or equal to ******%, Alliance shall pay a penalty for each ton of coal delivered during the month equal to $****** for each ****** percent (******%), or pro-rata fraction thereof, by which the sulfur content exceeds ******%. (ii) If the weighted average sulfur content is greater than ******%, Alliance shall pay a penalty for each ton of coal delivered during the month equal to $****** for each ****** percent (******%), or pro-rata fraction thereof, by which the sulfur content exceeds ******%, and an additional $****** for each ****** percent (******%), or pro-rata fraction thereof, by which the sulfur content exceeds ******%. An example of the penalties described in this Section 6.3(b) is set forth in Exhibit C hereto. (c) The provisions of Sections 6.3(a) and (b) notwithstanding, should any regulatory authority having jurisdiction impose a rule or standard on Seminole's operation of its coal-fired electric generating plant that has the effect of prohibiting the use of coal having a sulfur content greater than ******%, or permitting such use only upon the adoption of procedures or installation of equipment that imposes additional cost on Seminole's operations, Seminole shall provide notice to Alliance as early as practicable but no later than thirty (30) days prior to the effective date of the prohibition or other regulation. Alliance may elect to compensate Seminole for the additional cost, and shall make payment as and when the expense is actually incurred by Seminole, attributable to such procedures or equipment necessary to enable Seminole to continue to use coal provided by Alliance with a sulfur content greater than ******%. In the event that Alliance declines to provide such compens...
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Related to Adjustments for Sulfur Content

  • Price Adjustments for OGS Centralized Contracts Periodic price adjustments will occur no more than twice per year on a schedule to be established solely by OGS. Pricing offered shall be fixed for the first twelve (12) months of the Contract term. Such price increases will only apply to the OGS Centralized Contracts and shall not be applied retroactively to Authorized User Agreements or any Mini-bids already submitted to an Authorized User. Price decreases may be made at any time. Additionally, some price decreases shall be calculated in accordance with Appendix B, section 17, Pricing.

  • Adjustments for Stock Splits The parties acknowledge and agree that all share-related numbers contained in this Agreement shall be adjusted to take into account any stock split, stock dividend or similar event effected with respect to the Placement Shares.

  • Additional Requirements for Sleeping Rooms The Contractor shall provide departing Attendees a secured area for storing belongings.

  • Arrangements for Sales Arrangements for sales of Contract Securities will be made only through the Manager acting either directly or through Dealers (including Underwriters acting as Dealers), and you authorize the Manager to act on your behalf in making such arrangements. The aggregate number or amount of Securities to be purchased by the several Underwriters will be reduced by the respective number or amounts of Contract Securities attributed to such Underwriters as hereinafter provided. Subject to the provisions of Section 4.2 hereof, the aggregate number or amount of Contract Securities will be attributed to the Underwriters as nearly as practicable in proportion to their respective Underwriting Percentages, except that, as determined by the Manager in its discretion: (a) Contract Securities directed and allocated by a purchaser to specific Underwriters will be attributed to such Underwriters, and (b) Contract Securities for which arrangements have been made for sale through Dealers will be attributed to each Underwriter approximately in the proportion that Securities of such Underwriter held by the Manager for sales to Dealers bear to all Securities so held. The fee with respect to Contract Securities payable to the Manager for the accounts of the Underwriters pursuant to the Underwriting Agreement will be credited to the accounts of the respective Underwriters in proportion to the Contract Securities attributed to such Underwriters pursuant to the provisions of this Section 4.1, less, in the case of each Underwriter, the concession to Dealers on Contract Securities sold through Dealers and attributed to such Underwriter.

  • Adjustments for Share Splits The parties acknowledge and agree that all share-related numbers contained in this Agreement shall be adjusted to take into account any share split, share dividend or similar event effected with respect to the Common Stock.

  • Adjustments for Share Splits, Etc Wherever in this Agreement there is a reference to a specific number of shares of Preferred Shares or Ordinary Shares of the Company, then, upon the occurrence of any subdivision, combination or share dividend of the Preferred Shares or Ordinary Shares, the specific number of shares so referenced in this Agreement shall automatically be proportionally adjusted to reflect the effect on the outstanding shares of such class or series of shares by such subdivision, combination or share dividend.

  • Adjustments for Stock Splits, Etc Wherever in this Agreement there is a reference to a specific number of shares of Common Stock or Preferred Stock of the Company of any class or series, then, upon the occurrence of any subdivision, combination or stock dividend of such class or series of stock, the specific number of shares so referenced in this Agreement shall automatically be proportionally adjusted to reflect the affect on the outstanding shares of such class or series of stock by such subdivision, combination or stock dividend.

  • Adjustments for Stock Splits and Combinations If the Maker shall at any time or from time to time after the Closing Date (but whether before or after the Issuance Date) effect a split of the outstanding Common Stock, the applicable Conversion Price in effect immediately prior to the stock split shall be proportionately decreased. If the Maker shall at any time or from time to time after the Closing Date (but whether before or after the Issuance Date), combine the outstanding shares of Common Stock, the applicable Conversion Price in effect immediately prior to the combination shall be proportionately increased. Any adjustments under this Section 3.4(a)(i) shall be effective at the close of business on the date the stock split or combination occurs.

  • Adjustments for Combinations, Etc If the outstanding Shares are combined or consolidated, by reclassification or otherwise, into a lesser number of shares, the Warrant Price shall be proportionately increased.

  • Adjustments for Reclassification, Exchange or Substitution If the Common Stock issuable upon conversion of this Note at any time or from time to time after the Issuance Date shall be changed to the same or different number of shares of any class or classes of stock, whether by reclassification, exchange, substitution or otherwise (other than by way of a stock split or combination of shares or stock dividends provided for in Sections 3.6(a)(i), (ii) and (iii), or a reorganization, merger, consolidation, or sale of assets provided for in Section 3.6(a)(v)), then, and in each event, an appropriate revision to the Conversion Price shall be made and provisions shall be made (by adjustments of the Conversion Price or otherwise) so that the Holder shall have the right thereafter to convert this Note into the kind and amount of shares of stock and other securities receivable upon reclassification, exchange, substitution or other change, by holders of the number of shares of Common Stock into which such Note might have been converted immediately prior to such reclassification, exchange, substitution or other change, all subject to further adjustment as provided herein.

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