ADVANCES AND ADJUSTMENTS Sample Clauses

ADVANCES AND ADJUSTMENTS. As a result of the overall decrease in the aggregate amount of the Commitments, the reallocation of the Commitments and the termination of the Commitments of the Terminating Lenders, the Loans and the participations in Letters of Credit and Swingline Loans will not be held in proportion to the Commitments after giving effect to the terms of Article 2 of this Amendment. To remedy the foregoing, on January 23, 2001 but subject to the satisfaction of the conditions set forth in clauses (a) and (c) through (g) of Section 4.1 of this Amendment: (A) the Lenders who have increased their Commitments or whose pro rata portion of the Loans have increased (as listed on SCHEDULE 3.1A attached hereto, the "ADVANCING LENDERS") will make advances, the proceeds of which shall be utilized to repay the Terminated Lenders and the Lenders who did not increase their Commitments or whose pro rata portion of the Loans decreased (as listed on SCHEDULE 3.1B attached hereto the "RECEIVING LENDERS"), with such borrowing and repayments to be in amounts sufficient so that after giving effect thereto, the Loans shall be held by the Lenders pro rata based on each Lender's Commitment as stated on SCHEDULE 2.01 attached hereto and the principal amount of the Loans owed to the Terminating Lenders shall be repaid in full on January 23, 2001 and (B) the participation interest in the outstanding Letters of Credit and Swingline Loans are hereby reallocated so that each Lender holds an undivided interest and participation in and to each Swingline Loan and in and to each outstanding Letter of Credit, the obligations of the Borrower in respect thereof, and the liability of the Issuing Bank therein in the proportion that such Lender's Commitment bears to the aggregate amount of all of the Commitments as stated on SCHEDULE 2.01 attached hereto. Each such advance made by an Advancing Lender shall be deemed a Eurodollar Advance and shall be deemed made under the Commitments and be deemed a Loan. ARTICLE 4
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ADVANCES AND ADJUSTMENTS. On the date hereof, the aggregate amount of the Revolving Commitments under the Agreement are being increased pursuant to this Amendment but not all Banks are providing their Commitment Percentage (determined under the Agreement prior to giving effect to this Amendment) of the amount of the increase. As a result, the Loans outstanding under the Agreement (prior to giving effect to this Amendment) which are continued hereunder will not be held pro rata by the Banks in accordance with the Commitment Percentages determined thereunder. To remedy the forgoing, on the date hereof, the Banks shall make advances among themselves so that after giving effect thereto the Loans will be held by the Banks, pro rata in accordance with the Commitment Percentages (after giving effect to this Amendment). The advances made on the date hereof under this Section 3.2 by each Bank whose Commitment Percentage has increased (as compared to its Commitment Percentage under the Agreement prior to giving effect to this Amendment) shall be deemed to be a purchase of a corresponding amount of the Loans of the Bank or Banks whose Commitment Percentages have decreased (as compared to the Commitment Percentages under the Agreement prior to giving effect to this Amendment). The advances made under this Section 3.2 shall be Base Rate Accounts made under each Bank’s Revolving Commitment.
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Related to ADVANCES AND ADJUSTMENTS

  • Prorations and Adjustments The following shall be prorated and adjusted between Seller and Purchaser as of the day of the Closing, except as otherwise specified:

  • Distributions and Adjustments (a) If any Shares vest subsequent to any change in the number or character of the Common Stock of the Company without additional consideration paid to the Company (through any stock dividend or other distribution, recapitalization, stock split, reverse stock split, reorganization, merger, consolidation, split-up, spin-off, combination, repurchase or exchange of shares or otherwise), you shall then receive upon such vesting the number and type of securities or other consideration which you would have received if such Shares had vested prior to the event changing the number or character of the outstanding Common Stock.

  • Closing Prorations and Adjustments The prorations set forth in this Section 6.5 shall be on a Property-by-Property basis and not among, or between, Properties, and shall not be allocated on an Applicable Share basis.

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following:

  • Advances; Reimbursement of Advances (a) From time to time, (i) pursuant to terms of the Servicing Agreement, the Lead Servicer and/or the related Trustee may be obligated to make (1) Property Advances with respect to the Mortgage Loan or the Mortgaged Property and (2) P&I Advances with respect to the Lead Note and (ii) pursuant to the terms of a Non-Lead Servicing Agreement, the related Non-Lead Master Servicer and/or the related Trustee may be obligated to make P&I Advances with respect to a Non-Lead Note. The Lead Servicer and/or the related Trustee will not be required to make any P&I Advance with respect to any Non-Lead Note and the related Non-Lead Master Servicer and/or the related Trustee will not be required to make any P&I Advance with respect to any Lead Note, any other Non-Lead Note or any Property Advance. The Lead Servicer, each Non-Lead Master Servicer and any Trustee will be entitled to interest on any Advance made in the manner and from the sources provided in the Note A-1 PSA or the Note A-2 PSA, as applicable.

  • Determination of Adjustments If any questions will at any time arise with respect to the Exercise Price or any adjustment provided for in Section 4.8, such questions will be conclusively determined by the Company’s Auditors, or, if they decline to so act any other firm of certified public accountants in the United States of America that the Company may designate and who will have access to all appropriate records and such determination will be binding upon the Company and the Holders of the Warrants.

  • Advances and Payments (a) On the date of each Loan, the Administrative Agent shall be authorized (but not obligated) to advance, for the account of each of the Lenders, the amount of the Loan to be made by it in accordance with its Commitment hereunder. Should the Administrative Agent do so, each of the Lenders agrees forthwith to reimburse the Administrative Agent in immediately available funds for the amount so advanced on its behalf by the Administrative Agent, together with interest at the Federal Funds Effective Rate if not so reimbursed on the date due from and including such date but not including the date of reimbursement.

  • Making Advances To refrain from making any advances under this Agreement but Lessor may make advances after the happening of any such event without thereby waiving the right to refrain from making other further advances or to exercise any of the other rights Lessor may have.

  • Fee Adjustments The fixed fees and other fees expressed as stated dollar amounts in this Schedule C and in this Agreement are subject to annual increases, commencing on the one-year anniversary date of the date of this Agreement, in an amount equal to the percentage increase in consumer prices for services as measured by the United States Consumer Price Index entitled “All Services Less Rent of Shelter,” or a similar index should such index no longer be published, since such one-year anniversary or since the date of the last fee increase, as applicable. SCHEDULE D SPECIAL DISTRIBUTION SERVICES AND FEES Services Fees

  • Equitable Adjustments If, between the date of this Agreement and the Closing, the outstanding shares of Company Common Stock, Company Preferred Stock or shares of Acquiror Common Stock shall have been changed into a different number of shares or a different class, by reason of any stock dividend, subdivision, reclassification, recapitalization, split, combination or exchange of shares, or any similar event shall have occurred, then any number, value (including dollar value) or amount contained herein which is based upon the number of shares of Company Common Stock, Company Preferred Stock or shares of Acquiror Common Stock will be appropriately adjusted to provide to the holders of Company Common Stock, Company Preferred Stock and the holders of Acquiror Common Stock the same economic effect as contemplated by this Agreement; provided, however, that this Section 3.02 shall not be construed to permit Acquiror, the Company, or Merger Sub to take any action with respect to their respective securities that is prohibited by the terms and conditions of this Agreement.

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