Adjustments to Units Sample Clauses

Adjustments to Units. As of any date (an "Adjustment Date") on which, in accordance with the foregoing, Capital Contributions are made by the Partners other than in accordance with their Unit Percentages, the Units of all Partners shall automatically (and without any further action by the Partners) be adjusted so that the number of Units held by each Partner shall be equal to 100 multiplied by a fraction, the numerator of which shall be the aggregate amount of Capital Contributions made by such Partner as of the Adjustment Date, and the denominator of which shall be the aggregate amount of Capital Contributions made by all Partners as of the Adjustment Date; it being understood that the total number of Units held by all Partners shall always equal 100. As of the date of each Adjustment Date, the Unit Percentage of each Partner shall also be adjusted based upon the adjusted number of Units held by each Partner. Promptly after each Adjustment Date, the General Partner shall amend Schedule A hereto to reflect the automatic adjustment of the number of Units and Unit Percentages as of each Adjustment Date (such adjustment shall nevertheless be effective as of the Adjustment Date regardless when Schedule A hereto is amended).
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Adjustments to Units. If the Company at any time subdivides (by any Unit split or otherwise) any class or type of Units into a greater number of Units, the Company shall also subdivide each Unit of such other class or type outstanding immediately prior to such subdivision based upon the same ratio, and if the Company at any time combines (by reverse Unit split or otherwise) any class or type of Units into a smaller number of Units, the Company shall also combine each Unit of such other class or type outstanding immediately prior to such combination based upon the same ratio.
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Adjustments to Units. If at any time or from time to time after the date of this Agreement, the Class C Units issuable upon the conversion of the Class R Units are changed into the same or a different number of units of any class or classes of units, whether by recapitalization, reclassification, merger, consolidation or otherwise, then following such recapitalization, reclassification, merger, consolidation or other change, each Class R Unit shall thereafter be convertible in lieu of the Class C Units into which it was convertible prior to such event into the kind and amount of securities, cash or other property which a holder of the units of that number of Class C Units issuable upon conversion of such Class R Units immediately prior to such recapitalization, reclassification, merger, consolidation or other change would have been entitled to receive pursuant to such event, subject to further adjustment as provided herein or with respect to such other securities or property by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 5, with respect to the rights of the holders of Class R Units after the capital reorganization to the end that the provisions of this Section 5 (including the number of Class C Units issuable upon conversion of the Class R Units) shall be applicable after that event and be as nearly equivalent as practicable.
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Adjustments to Units. 1. In the event that the Fractionation Plant does not demonstrate the capacity to fractionate 48 million bushels of corn, Ethanex shall give back to Xxxxxxxxxx, to be returned to treasury Units, a number of Class A Units equal to the quotient of (i) an amount equal to the product of (a) the actual capacity to fractionate corn subtracted from 48 million number of bushels of corn actually produced multiplied by 2.58 (b) multiplied by $2.00, divided by (ii) the value per Class A Unit as determined by the calculation set forth in “Capitalization.” 2. In the event that the Fractionation Plant does not demonstrate the capacity to expel corn oil at a rate of 19,200 tons per year, Ethanex shall give back to Xxxxxxxxxx, to be returned to treasury Units, a number of Class A Units equal to (i) the product of (x) 19,200 minus the demonstrated expulsion rate (y) multiplied by 850, divided by (ii) the value per Class A Unit as determined by the calculation set forth in “Capitalization.” 3. At such time that the facility is operating on fractionated corn, an additional number of Class A Units will be issued to Ethanex having a value equal to the product of (i) $2.00 multiplied by (ii) the Increased Capacity. 4. In the event that the Phase III Plan is not complete by the Phase III Completion Date, MRE shall give back to Xxxxxxxxxx, to be returned to treasury Units, a number of Class B Units equal to the quotient of (i) the amount of any adjustment as determined in accordance with the terms of Exhibit I to the Agreement, divided by (ii) the value per Class B Unit as determined by the calculation set forth in “Capitalization.” Completion of the Phase III Plan: MRE shall be solely responsible for execution of and the costs associated with the Completion of the Phase III Plan.
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Adjustments to Units. If, from time to time during the term of the Repurchase Option, there is any change affecting the Company’s outstanding Common Units as a class that is effected without the receipt of consideration by the Company (through merger, consolidation, reorganization, reincorporation, dividends or distributions in the form of Units, Units split, combination of Units, change in Company structure or other transaction not involving the receipt of consideration by the Company), then any and all new, substituted or additional securities or other property to which Purchaser is entitled by reason of Purchaser’s ownership of the Units shall be immediately subject to the Repurchase Option and be included in the word “Units” for all purposes of the Repurchase Option with the same force and effect as the Units presently subject to the Repurchase Option, but only to the extent the Units are, at the time, covered by such Repurchase Option. While the total Repurchase Option Price shall remain the same after each such event, the Repurchase Option Price per Unit upon exercise of the Repurchase Option shall be appropriately adjusted as determined by the Company.
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Adjustments to Units. The Units will be equitably adjusted for any -------------------- stock split, stock dividend, reclassification or recapitalization of the Company which occurs subsequent to the date hereof.
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Adjustments to Units. If the Board at any time elects to subdivide (by any Unit split or otherwise) any particular class of Units into a greater number of Units of such class, then the Company will subdivide each Unit of such class outstanding immediately prior to such subdivision based upon the same ratio, and if the Board at any time elects to combine (by reverse Unit split or otherwise) any particular class of Units into a smaller number of Units of such class, then the Company will combine each Unit of such class outstanding immediately prior to such combination based upon the same ratio. For the avoidance of doubt, under no circumstances may the Company combine different classes of Units pursuant to this Section 3.13.
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Adjustments to Units. Subject to the allocation requirements below in this Section, if an arbitrator pursuant to a proceeding under this Agreement, all of the Partners or a court by final judgment determines that the Units initially received by any Partner do not adequately reflect the fair market value as of the effective date of the capital contributions made or deemed made by the Partner, reduced as necessary by any liabilities which are assumed by the Partnership, then the Partner’s Units shall be adjusted to reflect that fair market value. All circumstances shall be given equitable effect in making any such adjustments, including consideration of factors such as income taxes paid and the time value of money, and retroactive adjustments of Capital Accounts shall be made if necessary. If prior to any adjustments a Partner has received any distributions from the Partnership which are excessive given the adjustments which are required by this Section, the Partner immediately shall pay cash to the Partnership in the amount of the excess; provided that if the Partner fails or refuses to pay within 30 days after receiving written notice from the Partnership of the obligation to pay, any future distributions payable to the Partner by the Partnership shall be withheld until the equitable results required by this Section are achieved. Likewise, if prior to any adjustments a Partner has received distributions from the Partnership which are deficient given the adjustments which are required by this Section, the Partner shall be paid cash by the Partnership in the amount of the deficiency until the equitable results required by this Section are achieved.
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Adjustments to Units 
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Related to Adjustments to Units

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

  • 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.

  • 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 the Shares The applicable Warrant Exercise Price and the number of Warrant Shares obtainable upon exercise of this Warrant shall each be subject to adjustment from time to time as provided in this Section 4.

  • Adjustments to Merger Consideration The Merger Consideration shall be adjusted to reflect fully the effect of any reclassification, stock split, reverse split, stock dividend (including any dividend or distribution of securities convertible into Company Common Stock), reorganization, recapitalization or other like change with respect to Company Common Stock occurring (or for which a record date is established) after the date hereof and prior to the Effective Time.

  • Adjustments to the Purchase Price The Purchase Price shall be adjusted as of the Closing Date by:

  • Adjustments to Tax Basis In the event of adjustment to the adjusted tax basis of Partnership property under Code Sections 732, 734 or 743, the capital accounts of the Partners shall be adjusted to the extent provided in Treasury Regulation Section 1.704-1(b)(2)(iv)(m).

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