Basis of Adjustments. The contingency costs incurred by CM/GC under Article 4.4.5 shall be reimbursable to CM/GC from the Construction Contingency. The amount of the Construction Contingency shall be increased by the net amount of (i) the aggregate by which Trade Contracts entered by CM/GC are less than line item amounts stated in CM/GC's construction budget for each particular Trade Contract less (ii) the aggregate amount by which Trade Contracts entered by CM/GC exceeds the line item amount stated in CM/GC's construction budget for each particular Trade Contract. All net amounts saved, if any, shall be added to the existing Construction Contingency amount and shall be available for all purposes permitted under Article 4.4.5. Funds from the Construction Contingency may be encumbered by the CM/GC without written direction from the Owner, provided that Owner shall approve, on a quarterly basis, the accounting for the Construction Contingency, which approval shall not be unreasonably withheld.
Basis of Adjustments. All benefits and obligations of every kind and nature payable or paid and received or receivable in respect of the Assets, including without limitation, maintenance, development, operating and capital costs and the proceeds for the sale of production, shall, except as otherwise provided herein, be apportioned between Vendor and Purchaser as of the Effective Date. Costs and expenses for work done, services provided and goods and services supplied shall be deemed to accrue for the purposes of this Article when the work is done and the goods or services are provided, regardless of when such costs and expenses become payable.
Basis of Adjustments. All benefits and obligations of every kind and nature payable or paid and received or receivable in respect of the Assets, including without limitation, royalty payments, maintenance, development, operating and capital costs and the proceeds for the sale of production, shall, except as otherwise provided herein, be apportioned between Vendor and Purchaser as of the respective Effective Date. Costs and expenses accruing between the First and Second Closing Dates will be apportioned equally between Purchaser and Vendor. Costs and expenses for work done, services provided and goods and services supplied shall be deemed to accrue for the purposes of this Article when the work is done and the goods or services are provided, regardless of when such costs and expenses become payable.
Basis of Adjustments. The contingency costs incurred by Construction Manager under Article 1.5.5 shall be reimbursable to Construction Manager from the Construction Contingency component of the GMP Change Order. The amount of the Construction Contingency shall be increased by the net amount of (i) the aggregate by which Trade Contracts entered by Construction Manager are less than line item amounts stated in Construction Manager's construction budget for each particular Trade Contract less (ii) the aggregate amount by which Trade Contracts entered by Construction Manager exceeds the line item amount stated in Construction Manager's construction budget for each particular Trade Contract. All net amounts saved, if any, shall be added to the existing Construction Contingency amount and shall be available for all purposes permitted under this Article 1.5.6.
Basis of Adjustments. Any adjustments pursuant to the aforesaid provisions of this Section 11 shall be made on the basis of the number of Warrant Shares which the Holder thereof would have been entitled to acquire by the exercise of the Warrant immediately prior to the event giving rise to such adjustment.
Basis of Adjustments. Except with respect to any costs and expenses of drilling and completing any Well by Seller as more fully described in Section 3.4(c), the Adjustment Statement shall be based upon actual information available to Seller at the time of its preparation. There shall be attached to the Adjustment Statement such supporting documentation and other data as is reasonably necessary to provide a basis for the Net Cash Flow or as may be reasonably requested by Buyers.
Basis of Adjustments. 9.2.1 If the Closing shall occur before a new real estate or personal property tax rate is fixed, the apportionment of taxes at the Closing shall be upon the basis of the old tax rate for the preceding fiscal year applied to the latest assessed valuation. Promptly after the new tax rate is fixed, the apportionment of taxes shall be recomputed and any discrepancy resulting from such recomputation and any errors or omissions in computing apportionments at Closing shall be promptly corrected and the proper party reimbursed.
Basis of Adjustments. Upon each adjustment of the Exercise Price as a result of the calculations made in Sections 2.1(a) and (b) hereof, each Warrant outstanding immediately prior to the making of such adjustment shall thereafter evidence the right to purchase, at the adjusted Exercise Price, that number of Warrant Shares (calculated to the nearest hundredth) obtained by (a) multiplying the number of Warrant Shares purchasable upon exercise of a Warrant immediately prior to such adjustment of the number of Warrant Shares by the Exercise Price in effect immediately prior to such adjustment of the Exercise Price and (b) dividing the product so obtained by the Exercise Price in effect immediately after such adjustment of the Exercise Price.
Basis of Adjustments
