Amount of Adjustment Sample Clauses

Amount of Adjustment. The Adjustment will be an amount, positive or negative, equal to the Working Capital Adjustment plus the Cash Items Adjustment. The Purchase Price will finally be determined on the date the amount of the Working Capital Adjustment is finally determined.

Amount of Adjustment. Subject to adjustment pursuant to the resolution of any disputes in accordance with Section 2.5.3, the LLC Purchase Price shall be finally adjusted as follows: (i) if the amount equal to three hundred fifty percent (350%) of the sum of the 2002 LLC EBITDA, subject to any adjustment required pursuant to Section 2.6, and the 2003 LLC EBITDA is greater than the Initial LLC Purchase Price, Buyer shall pay Seller the amount of such difference by wire transfer of immediately available funds; and (ii) if the amount equal to three hundred fifty percent (350%) of the sum of the 2002 LLC EBITDA, subject to any adjustment required pursuant to Section 2.6, and the 2003 LLC EBITDA is less than the Initial LLC Purchase Price, Seller shall pay Buyer the amount of such difference by wire transfer of immediately available funds; provided, that in no event shall the aggregate payment by Buyer to Seller or by Seller to Buyer under this Section 2.5 and Section 2.4 exceed Twelve Million Dollars ($12,000,000).

Amount of Adjustment. If the Closing Net Worth is equal to the Base-Line Net Worth, then the Adjustment will equal zero. If the Closing Net Worth is greater than the Base-Line Net Worth, then the Adjustment will be a positive amount equal to the amount by which the Closing Net Worth is greater than the Base-Line Net Worth. If the Closing Net Worth is less than the Base-Line Net Worth, then the Adjustment will be a negative amount equal to the amount by which the Closing Net Worth is less than the Base-Line Net Worth. The Purchase Price will finally be determined on the date the amount of the Adjustment is finally determined.

Amount of Adjustment. The amount of the Adjustment to the Base Rates shall be: a. Except as provided in subparagraphs b. and d. of this Section D.1., 50% of the dollar change in APL's average Domestic Container Rates (i) between West Coast points and Chicago, (ii) between Northern California points, Seattle, and Portland on the one hand and Memphis Local (Eastbound only) and Memphis Interchange (Westbound only) on the other hand, (iii) from Chicago to Salt Lake City, and (iv) between Southern California points, on the one hand, and points in Texas, Memphis Local and New Orleans Local, on the other hand. b. 38.5% of the dollar change in APL's average Domestic Container Rates between points in Southern California, on the one hand, and Memphis and New Orleans Interchange, on the other hand. c. There will be no adjustments made to the 40' Domestic Container Rates applying from Chicago, Kansas City or St. Louis to Seattle, Portland, Oakland or Los Angeles since those rates are adjusted pursuant to the International Rate Adjustment process. d. The following provisions only apply in the event that APL Land Transport Services, Inc., a subsidiary of APL Limited, is sold to another entity. Effective January 1, 2001, the parties agree that, in the event APL is able to secure the agreement of either CSX Intermodal ("CSXI") or the Norfolk Southern Railway ("NS") to participate in the Domestic Market Adjustment process on the Northeast business which APL tenders under its current contract with Consolidated Rail Corporation ("Conrail"), then UP's portion of future Domestic Market Adjustments for Northeast business interchanged from or to that carrier will be reduced by a comparable percentage. As an example, if NS agrees to assume 15% of any Domestic Market Adjustment on Northeast business, then UP's percentage of the Domestic Market Adjustment on Northeast business will be reduced from its current 50% to 35%. If NS fails to agree to participate in the Domestic Market Adjustment process, then UP's portion would remain at 50% for volumes interchanged to or from NS.

Amount of Adjustment. If the Closing Working Capital is - (1) Less than $12,000,000, then the Adjustment will be a negative amount equal to the amount by which the Closing Working Capital is less than the Base-Line Working Capital; (2) More than $12,000,000, then the Adjustment will be a positive amount equal to the amount by which the Closing Working Capital is greater than the Base-Line Working Capital; or (3) Equal to $12,000,000, then the Adjustment will be zero. The Purchase Price will finally be determined on the date the amount of the Adjustment is finally determined.

Amount of Adjustment. The final Adjustment will be calculated as follows: (a) If the Estimated Working Capital is above the Working Capital Top Collar and: (1) The Closing Working Capital is more than the Estimated Working Capital, then Novolyte will pay Ferro an amount in cash equal to the Closing Working Capital minus the Estimated Working Capital; (2) The Closing Working Capital is less than the Estimated Working Capital, but above the Working Capital Top Collar, then Ferro will pay Novolyte an amount in cash equal to the Estimated Working Capital minus Closing Working Capital; (3) The Closing Working Capital is within the Collar, then Ferro will pay Novolyte an amount in cash equal to the Estimated Working Capital minus the Working Capital Top Collar; or (4) The Closing Working Capital is less than the Working Capital Bottom Collar, then Ferro will pay Novolyte an amount in cash equal to the Estimated Working Capital minus the Working Capital Top Collar plus the Working Capital Bottom Collar minus the Closing Working Capital; or (b) If the Estimated Working Capital is within the Collar and: (1) The Closing Working Capital is more than the Working Capital Top Collar, then Novolyte will pay Ferro an amount in cash equal to the Closing Working Capital minus the Working Capital Top Collar; (2) The Closing Working Capital is within the Collar, then the Adjustment will be zero; or (3) The Closing Working Capital is less than the Working Capital Bottom Collar, then Ferro will pay Novolyte an amount in cash equal to the Working Capital Bottom Collar minus the Closing Working Capital; or (c) If the Estimated Working Capital is below the Working Capital Bottom Collar and: (1) The Closing Working Capital is more than the Estimated Working Capital, but below the Working Capital Bottom Collar, then Novolyte will pay Ferro an amount in cash equal to the Closing Working Capital minus the Estimated Working Capital; (2) The Closing Working Capital is more than the Estimated Working Capital but within the Collar, then Novolyte will pay Ferro an amount in cash equal to the Working Capital Bottom Collar minus the Estimated Working Capital; (3) The Closing Working Capital is more than the Estimated Working Capital and more than the Working Capital Top Collar, then Novolyte will pay Ferro an amount in cash equal to the Working Capital Bottom Collar minus the Estimated Working Capital plus the Closing Working Capital minus the Working Capital Top Collar; or (4) The Closing Working Capital is belo...

Amount of Adjustment. If the Closing Net Book Value is equal to the Base-Line Net Book Value, then the Adjustment will equal zero. If the Closing Net Book Value is more than the Base-Line Net Book Value, then the Adjustment will be a positive amount equal to [68.3994%] of the amount by which the Closing Net Book Value is more than the Base-Line Net Book Value. If the Closing Net Book Value is less than the Base-Line Net Book Value, then the Adjustment will be a negative amount equal to [68.3994%] of the amount by which the Closing Net Book Value is less than the Base-Line Net Book Value, provided however that such negative Adjustment will never exceed the amount of €6,000,000.00.

Amount of Adjustment. Any required adjustment: (i) shall only be made in the minimum amount necessary to delete any Variance at the end of the subsequent [**] Evaluation Period and not in a shorter period of time, (ii) shall be based on the assumption that the [**] and the weighted average [**] for all Products as of the end of the most recent [**] Evaluation Period shall remain in effect for the next [**] Evaluation Period and (iii) shall in no event reduce the Purchase Price for any Product below the Atrix Manufacturing Cost for such Product plus [**] The Parties shall share equally in any adjustment resulting from a change in the [**] (e.g., an adjustment of $0.50 instead of $1.00 to the Purchase Price).

Amount of Adjustment. If the Final Purchase Value is less than or equal to the Base-Line Purchase Value, then the amount of the Adjustment will equal the same and the principal amount due pursuant to the Initial Promissory Note shall be reduced by such amount as an offset to such note and no interest shall have accrued on or be payable due to such offset principal amount. If the Final Purchase Value is greater than the Base-Line Purchase Value, then the amount of the Adjustment will be a positive number equal to the amount by which the Final Purchase Value is greater than the Base-Line Purchase Value. If the Adjustment is positive, the first Three Hundred Twenty-Five Thousand Dollars ($325,000.00) shall be paid in cash and the balance, if any, will be paid in the form of the Final Promissory Note.

Amount of Adjustment. In the event any Spacecraft, * , to be delivered hereunder are not delivered on or before the Promised Delivery Date (excluding the number of days of excusable delay, if any, within the meaning of Article 19), then until such Spacecraft * are delivered, commencing on the first day following the Promised Delivery Date, the Total Firm Fixed Price of such Spacecraft * shall be reduced for each day of late Delivery as follows: -------------------------------------------------------------------------- Number of Days Price Adjustment of Late Delivery Per Day Maximum -------------------------------------------------------------------------- 1st - 30th day $ * $ * -------------------------------------------------------------------------- 31st day $ * $ * -------------------------------------------------------------------------- 32nd - 150th day $ * $ * -------------------------------------------------------------------------- (total) $ * --------------------------------------------------------------------------