Adjustments to Remaining Tranches Sample Clauses

Adjustments to Remaining Tranches. ‌ 21.1 If Homes England becomes aware (whether prior to or following receipt of the Grant Recipient's application for payment of the Final Tranche pursuant to Clause 17 (Capital Grant Claim Procedures)) that the Grant Recipient has failed to deliver the relevant Capital Firm Scheme in accordance with the agreed Capital Firm Scheme Details (including the SHAP Standards), Homes England shall be entitled (at its discretion) either: 21.1.1 unless such Firm Scheme is a Single Claim Scheme, to recalculate the Capital Firm Scheme Grant allocated to the Capital Firm Scheme by reference to the Capital Firm Scheme that has actually been delivered; or 21.1.2 to: (a) withhold and cancel the Final Tranche payment in relation to the relevant Capital Firm Scheme; (b) reallocate or redirect an amount equivalent to such Final Tranche to such other person or purpose as Homes England in its discretion considers appropriate; and (c) recover from the Grant Recipient a sum equivalent to any Capital Firm Scheme Grant already paid to it in relation to the relevant Capital Firm Scheme. 21.2 If Homes England exercises its right under Clause 21.1.1 (Adjustments to Remaining Tranches), Homes England will notify the Grant Recipient and the Grant Recipient will have ten (10) Business Days from the date of receipt of Homes England's notification to advise Homes England as to whether it wishes to withdraw the Capital Firm Scheme from this Agreement or to proceed with the Capital Firm Scheme on the basis of the recalculated Capital Firm Scheme Grant figure. If: 21.2.1 the Grant Recipient wishes to withdraw the Capital Firm Scheme, Homes England will permanently withdraw the Remaining Tranches allocated to such scheme and the Grant Recipient must repay Homes England a sum equivalent to such part of the Capital Firm Scheme Grant as has then been received by it, such repayment to be made within fifteen (15) Business Days of receipt of Homes England's written demand for the same; 21.2.2 the Grant Recipient wishes to proceed with the Capital Firm Scheme: (a) it must immediately amend the Capital Firm Scheme Details in IMS to the recalculated Capital Firm Scheme Grant figure and any Tranche already received. The amended Capital Firm Scheme Details will be deemed to be effective from the date of their acceptance by Homes England (through IMS); and (b) the Final Tranche figure will be deemed to have been adjusted to take account of the recalculated Capital Firm Scheme Grant figure and of any chan...
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Adjustments to Remaining Tranches. 22.1 If Homes England becomes aware (whether prior to or following receipt of the Lead Partner application for payment of the Final Tranche pursuant to Clause 18 (Capital Grant Claim Procedures)) that the Relevant Consortium Member has failed to Deliver the relevant Capital Firm Scheme in accordance with the agreed Capital Firm Scheme Details (including the SHAP Standards), Homes England shall be entitled (at its discretion) either: 22.1.1 unless such Firm Scheme is a Single Claim Scheme, to recalculate the Capital Firm Scheme Grant allocated to the Capital Firm Scheme by reference to the Capital Firm Scheme that has actually been delivered; or 22.1.2 to: (a) withhold and cancel the Final Tranche payment in relation to the relevant Capital Firm Scheme; (b) reallocate or redirect an amount equivalent to such Final Tranche to such other person or purpose as Homes England in its discretion considers appropriate; and (c) recover from the Relevant Consortium Member a sum equivalent to any Capital Firm Scheme Grant already paid to it in relation to the relevant Capital Firm Scheme. 22.2 If Homes England exercises its right under Clause 22.1.1 (Adjustments to Remaining Tranches), Homes England will notify the Lead Partner and the Lead Partner will have ten
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Adjustments to Remaining Tranches. 16.1 If Homes England becomes aware prior to or following receipt of the Lead Partner's application for payment of the Final Tranche pursuant to clause 14.2 (Grant Claim Procedures) that the Relevant Consortium Member has failed to Deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details (including the Submitted Standards and the Strategic Objectives), Homes England shall be entitled (at its discretion) either: 16.1.1 unless such Firm Scheme is a Single Claim Scheme, to recalculate the Firm Scheme Grant allocated to the Firm Scheme by reference to the Firm Scheme that has actually been Delivered; or
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Adjustments to Remaining Tranches. 16.1 If Homes England becomes aware prior to or following receipt of the Grant Recipient's application for payment of the Final Tranche pursuant to Clause 14.2 (Grant Claim Procedures) that the Grant Recipient has failed to Deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details (including the Submitted Standards and the Strategic Objectives), Homes England shall be entitled (at its discretion) either: 16.1.1 unless such Firm Scheme is a Single Claim Scheme, to recalculate the Firm Scheme Grant allocated to the Firm Scheme by reference to the Firm Scheme that has actually been Delivered; or 16.1.2 to: (a) withhold and cancel the Final Tranche payment due in relation to the relevant Firm Scheme; (b) reallocate or redirect an amount equivalent to such Final Tranche payment due to such other person or purpose as Homes England in its discretion considers appropriate; and (c) recover from the Grant Recipient a sum equivalent to any Firm Scheme Grant already paid to it in relation to the relevant Firm Scheme.
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Adjustments to Remaining Tranches. If Homes England exercises its rights under Clause 16.1.2 (Adjustments to Remaining Tranches), the Grant Recipient must repay Homes England all sums due thereunder in accordance with the provisions of Clause 18.5 (Repayment of Grant).
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Adjustments to Remaining Tranches. If the Grant Recipient fails to provide a definitive response to Homes England within the period prescribed in Clause 16.2 (Adjustments to ), Homes England shall be entitled (but not obliged) to treat such failure as a decision by the Grant Recipient to withdraw the Firm Scheme from this Agreement and the provisions of Clause 16.2.1 (Adjustments to ) shall take effect. Under no circumstances will Homes England be required to accept or implement any recalculation pursuant to Clause 16.2 (Adjustments to ) which would have the result of increasing the amount of the Allocated Capital Grant or the Firm Scheme Grant in relation to the relevant Firm Scheme as reflected in the Firm Scheme Details ante the amendments referred to in Clause 16.2.2(a) (Adjustments to ). If Homes England exercises its rights under Clause 16.1.2 (Adjustments to ), the Grant Recipient must repay Homes England all sums due thereunder in accordance with the provisions of Clause 18.5 (Repayment of Grant).
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Related to Adjustments to Remaining Tranches

  • Adjustments to Option The Option shall be subject to the adjustment provisions of Sections 8 and 9 of the Plan, provided, however, that in the event of the payment of an extraordinary dividend by the Company to its shareholders: the Exercise Price of the Option shall be reduced by the amount of the dividend paid, but only to the extent the Committee determines it to be permitted under applicable tax laws and to not have adverse tax consequences to the Optionee under Section 409A of the Code; and, if such reduction cannot be fully effected due to such tax laws and it will not have adverse tax consequences to the Optionee, then the Company shall pay to the Optionee a cash payment, on a per Share basis, equal to the balance of the amount of the dividend not permitted to be applied to reduce the Exercise Price of the applicable Option as follows: (a) for each Share subject to a vested Option, immediately upon the date of such dividend payment; and (b) for each Share subject to an unvested Option, on the date on which such Option becomes vested and exercisable with respect to such Share.

  • Adjustments to Fees Notwithstanding any of the fee limitations set forth in this Article 6, commencing upon the expiration of the first year of this Agreement, and upon the expiration of each year thereafter during the Term, the then-­‐current fees set forth in Section 6.1 and Section 6.3 may be adjusted, at ICANN’s discretion, by a percentage equal to the percentage change, if any, in (i) the Consumer Price Index for All Urban Consumers, U.S. City Average (1982-­‐1984 = 100) published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index (the “CPI”) for the month which is one (1) month prior to the commencement of the applicable year, over (ii) the CPI published for the month which is one (1) month prior to the commencement of the immediately prior year. In the event of any such increase, ICANN shall provide notice to Registry Operator specifying the amount of such adjustment. Any fee adjustment under this Section 6.5 shall be effective as of the first day of the first calendar quarter following at least thirty (30) days after ICANN’s delivery to Registry Operator of such fee adjustment notice.

  • Adjustments to Number of Shares The number of shares of Common Stock subject to this Option shall be adjusted to take into account any stock splits, stock dividends, recapitalization of the Common Stock as provided in the Stock Option Plan.

  • 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.

  • Minimum Amounts and Maximum Number of Eurodollar Tranches Notwithstanding anything to the contrary in this Agreement, all borrowings, conversions, continuations and optional prepayments of Eurodollar Loans hereunder and all selections of Interest Periods hereunder shall be in such amounts and be made pursuant to such elections so that, (a) after giving effect thereto, the aggregate principal amount of the Eurodollar Loans comprising each Eurodollar Tranche shall be equal to $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (b) no more than ten Eurodollar Tranches shall be outstanding at any one time.

  • Reallocation to a Class with a Lower Salary Range Maximum 1. If the employee meets the skills and abilities requirements of the position and chooses to remain in the reallocated position, the employee retains the existing appointment status and has the right to be placed on the Employer’s internal layoff list for the classification occupied prior to the reallocation. 2. If the employee chooses to vacate the position or does not meet the skills and abilities requirements of the position, the layoff procedure specified in Article 31 of this Agreement applies.

  • Rounding of Calculations; Minimum Adjustments All calculations under this Section 13 shall be made to the nearest one-tenth (1/10th) of a cent or to the nearest one- hundredth (1/100th) of a share, as the case may be. Any provision of this Section 13 to the contrary notwithstanding, no adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable shall be made if the amount of such adjustment would be less than $0.01 or one-tenth (1/10th) of a share of Common Stock, but any such amount shall be carried forward and an adjustment with respect thereto shall be made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate $0.01 or 1/10th of a share of Common Stock, or more.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • Adjustments to Shares If at any time while this Agreement is in effect (or Shares granted hereunder shall be or remain unvested while Recipient’s Continuous Service continues and has not yet terminated or ceased for any reason), there shall be any increase or decrease in the number of issued and outstanding Shares of the Company through the declaration of a stock dividend or through any recapitalization resulting in a stock split-up, combination or exchange of such Shares, then and in that event, the Board or the Committee shall make any adjustments it deems fair and appropriate, in view of such change, in the number of shares of Restricted Stock then subject to this Agreement. If any such adjustment shall result in a fractional Share, such fraction shall be disregarded.

  • Adjustments to Payments (a) If any payment or benefit Executive would receive pursuant to this Agreement or otherwise, including accelerated vesting of any equity compensation (all such payments and/or benefits hereinafter, “Payment”), would (i) constitute a “parachute payment” within the meaning of Section 280G of the Code, and (ii) but for this sentence, be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then such Payment shall be either (x) provided to the Executive in full, or (y) provided to the Executive to such lesser extent which would result in no portion of such Payment being subject to the excise tax, further reduced by $5,000 (including such further reduction, the “Cutback Amount”), whichever of the foregoing amounts, when taking into account applicable federal, state, local and foreign income and employment taxes, such excise tax and other applicable taxes, (all computed at the highest applicable marginal rates), results in the receipt by the Executive, on an after-tax basis, of the greatest amount of the Payment, notwithstanding that all or a portion of such Payment may be subject to the excise tax. If a reduction in payments or benefits constituting “parachute payments” is necessary so that the Payment equals the Cutback Amount, reduction shall occur in the following order: (A) cash payments shall be reduced first and in reverse chronological order such that the cash payment owed on the latest date following the occurrence of the event triggering such excise tax will be the first cash payment to be reduced; (B) accelerated vesting of performance-based equity awards shall be cancelled or reduced next and in the reverse order of the date of grant for such awards (i.e., the vesting of the most recently granted awards will be reduced first), with full-value awards reduced before any performance-based stock option or stock appreciation rights are reduced; (C) health and welfare benefits shall be reduced and in reverse chronological order such that the benefit owed on the latest date following the occurrence of the event triggering such excise tax will be the first benefit to be reduced; and (D) accelerated vesting of time-based equity awards shall be cancelled or reduced last and in the reverse order of the date of grant for such awards (i.e., the vesting of the most recently granted awards will be reduced first), with full-value awards reduced before any time-based stock option or stock appreciation rights are reduced. (b) The Company shall appoint a nationally recognized accounting firm to make the determinations required hereunder and perform the foregoing calculations. The Company shall bear all expenses with respect to the determinations by such accounting firm required to be made hereunder. The accounting firm engaged to make the determinations hereunder shall provide its calculations, together with detailed supporting documentation, to the Company and Executive within fifteen (15) calendar days after the date on which right to a Payment is triggered (if requested at that time by the Company or Executive). Any good faith determinations of the accounting firm made hereunder shall be final, binding and conclusive upon the Company and Executive.

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