Adjustments to Net Forecasted Collections Sample Clauses

Adjustments to Net Forecasted Collections. (a) Subject to Section 6.21(d), not make any increase or positive (i.e., upward) adjustment in respect of any component used to determine Term Loan Forecasted Net Collections determined under clause (a) of the definition of “Term Loan Forecasted Net Collections” (including any component used to determine Existing Book Forecasted Cumulative Net Cash Collections) contained in any Borrowing Base Certificate or Compliance Certificate delivered to the Agent after the Closing Date or that is represented to the Agent and Lenders in accordance with this Agreement or otherwise; provided, that the Loan Parties shall be permitted to make such an adjustment so long as (i) such adjustment is determined in a manner consistent with the historical practices of the Loan Parties as of the Closing Date, (ii) no Default or Event of Default has occurred and is continuing or will result from such adjustment, (iii) the aggregate dollar amount of all such adjustments to such Term Loan Forecasted Net Collections during the term of this Agreement is not greater than or equal to 5% of the Term Loan Forecasted Net Collections determined under clause (a) of the definition of “Term Loan Forecasted Net Collections” contained in the Borrowing Base Certificate delivered to the Agent on the Closing Date and (iv) the dollar amount of such adjustment shall also be reflected and included in the determination of Term Loan Forecasted Net Collections, the Effective Advance Rate and Existing Book Forecasted Cumulative Net Cash Collections on a dollar-for-dollar basis from the effective date of such adjustment and at all times thereafter.
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Related to Adjustments to Net Forecasted Collections

  • Adjustments to Prevent Dilution In the event that the Company changes the number of Shares or securities convertible or exchangeable into or exercisable for Shares issued and outstanding prior to the Effective Time as a result of a reclassification, stock split (including a reverse stock split), stock dividend or distribution, recapitalization, merger, issuer tender or exchange offer, or other similar transaction, the Per Share Merger Consideration shall be equitably adjusted.

  • Equitable Adjustments to Prices Whenever any provision of this Indenture requires the Company to calculate the average of the Last Reported Sale Prices, or any function thereof, over a period of multiple days (including to calculate the Stock Price or an adjustment to the Conversion Rate), or to calculate Daily VWAPs over an Observation Period, the Company will make proportionate adjustments, if any, to such calculations to account for any adjustment to the Conversion Rate pursuant to Section 5.05(A)(i) that becomes effective, or any event requiring such an adjustment to the Conversion Rate where the Ex-Dividend Date or effective date, as applicable, of such event occurs, at any time during such period or Observation Period, as applicable.

  • Adjustments to Payments 11.1 Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any payment or distribution by the Company to Executive or for Executive’s benefit (whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise) (the “Payments”) would be subject to the excise tax imposed by Section 4999 (or any successor provisions) of the Code, or any interest or penalty is incurred by Executive with respect to such excise tax (such excise tax, together with any such interest and penalties, is hereinafter collectively referred to as the “Excise Tax”), then the Payments shall be reduced (but not below zero) if and to the extent that such reduction would result in Executive retaining a larger amount, on an after-tax basis (taking into account federal, state and local income taxes and the imposition of the Excise Tax), than if Executive received all of the Payments. The Company shall reduce or eliminate the Payments, by first reducing or eliminating the portion of the Payments which are not payable in cash and then by reducing or eliminating cash payments, in each case in reverse order beginning with payments or benefits which are to be paid the farthest in time from the determination.

  • Adjustments to Purchase Price The Purchase Price shall be adjusted as follows:

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