Computation of Adjustments Sample Clauses
Computation of Adjustments. Upon each computation of an adjustment in the Warrant Exercise Price and the number of shares which may be subscribed for and purchased upon exercise of this Warrant, the Warrant Exercise Price shall be computed to the nearest cent (i.e. fraction of .5 of a cent, or greater, shall be rounded to the next highest cent) and the number of shares which may be subscribed for and purchased upon exercise of this Warrant shall be calculated to the nearest whole share (i.
Computation of Adjustments. Upon each computation of an adjustment to the Warrant Exercise Price and the number of shares that may be subscribed for and purchased upon exercise of this Warrant, the Warrant Exercise Price shall be computed to the nearest cent (i.e., fractions of 0.5 of a cent or greater, shall be rounded to the next highest cent) and the number of shares that may be subscribed for and purchased upon exercise of this Warrant shall be calculated to the nearest whole share (i.e., fractions of less than one half of a share shall be disregarded and fractions of one half of a share or greater shall be treated as being a whole share). No such adjustment shall be made, however, if the change in the Warrant Exercise Price would be less than $0.01 per share, but any such lesser adjustment shall be made (i) at the time and together with the next subsequent adjustment which, together with any adjustments carried forward, shall amount to $0.01 per share or more, or (ii) if earlier, upon the third anniversary of the event for which such adjustment is required.
Computation of Adjustments. (i) Upon the occurrence of an event specified in Section 3(d), the Owner Participant shall make the necessary computations on a basis consistent with that used by the Owner Participant in the computation of the Basic Rent Factors and Stipulated Loss Values at the time and in connection with the execution and delivery of this Facility Lease.
(ii) Upon the occurrence of an event requiring an adjustment to any Basic Rent Factors or Stipulated Loss Values pursuant to Section 3(d) or the provisions of the Tax Indemnity Agreement, the Owner Participant shall make the necessary computations and, within 90 days of the Owner Participant's knowledge of such event, furnish to the Lessee a certificate of the Owner Participant setting forth the amount of any increase or decrease in such Basic Rent Factors or Stipulated Loss Values and certifying that each adjustment made was calculated in accordance with the same methodology as was applicable to the Basic Rent Factors and Stipulated Loss Values set forth in Schedules 6 and 10 to the Participation Agreement. Upon request of the Lessee made within a reasonable time following the delivery to the Lessee by the Owner Participant of any such certificate, KPMG Peat Marwick (or such other independent auditors as may be selected by the Owner Participant and reasonably satisfactory to the Lessee) shall verify that each adjustment made was calculated in accordance with the same methodology as was applicable to the Basic Rent Factors and Stipulated Loss Values set forth in Schedules 6 and 10 to the Participation Agreement. The costs of such verification shall be borne by the Lessee, unless the amount of the rent adjustment is changed by the greater of (i) five percent of the rent adjustment and (ii) one half percent of the rent as adjusted, in each case in present value terms following such audit, in which case such costs shall be borne by the Owner Participant. The adjustments to the Basic Rent Factors and Stipulated Loss Values in connection with the leveraging of the Facility Lease which have been computed by GE Capital at the closing of the Lease Debt financing are intended to be consistent with the methodology set forth in Schedule 9 to the Participation Agreement, and, at the Partnership's request and expense, KPMG Peat Marwick or such other independent financial advisors expert in leasing transactions selected by GE Capital and reasonably satisfactory to the Partnership shall verify the same to the Partnership. The costs of...
Computation of Adjustments. Upon each computation of an adjustment in the Purchase Price for any share of Warrant Stock issuable hereunder at the Purchase Price, the Purchase Price for all such shares of Warrant Stock shall be computed to the nearest cent (i.e., fractions of .5 of a cent, or greater, shall be rounded to the highest cent) and the shares which may be purchased upon exercise of this Warrant shall be calculated to the nearest whole share (i.e., fractions of one half of a share, or greater, shall be treated as being a whole share). No such adjustment shall be made, however, if the change in the Purchase Price for any such share of Warrant Stock would be less than $.01 per share, but any such lesser adjustment shall be made at the time and together with the next subsequent adjustment which, together with any adjustments carried forward, shall amount to $.01 per share or more.
Computation of Adjustments. Upon each computation of an -------------------------- adjustment in the Warrant Exercise Price and the number of shares which may be subscribed for and purchased upon exercise of this Warrant, the Warrant Exercise Price shall be computed to the nearest cent (i.e., fractions of .5 of a cent, or greater, shall be rounded to the next highest cent) and the number of shares which may be subscribed for and purchased upon exercise of this Warrant shall be calculated to the nearest whole share (i.e., fractions of less than one half of a share shall be disregarded and fractions of one half of a share, or greater, shall be treated as being a whole share).
Computation of Adjustments. Upon each computation of an adjustment in the Warrant Exercise Price and the number of shares which may be subscribed for and purchased upon exercise of this Warrant, the Warrant Exercise Price shall be computed to the nearest cent (i.e., fractions of .5 of a cent, or greater, shall be rounded to the next highest cent) and the shares which may be subscribed for and purchased upon exercise of this Warrant shall be calculated to the nearest whole share (i.e., fractions of one half of a share, or greater, shall be treated as being a whole share). No such adjustment shall be made, however, if the change in the Warrant Exercise Price would be less than $.01 per share, but any such lesser adjustment shall be made at the time of, and together with, the next subsequent adjustment which, together with any adjustments carried forward, shall amount to a change in the Warrant Exercise Price of $.01 per share or more.
Computation of Adjustments. Upon each computation of an adjustment in the Warrant Exercise Price, the Warrant Exercise Price shall be computed to the nearest cent (i.e., fractions of .5 of a cent, or greater, shall be rounded to the highest cent) and the shares which may be subscribed for and purchased upon exercise of this Warrant shall be calculated to the nearest whole share (i.e., fractions of less than one half of a share, or greater, shall be treated as being a whole share). No such adjustment shall be made, however, if the change in the Warrant Exercise Price would be less than $.01 per share, but any such lesser adjustment shall be made at the time and together with the next subsequent adjustment which, together with any adjustments carried forward, shall amount to $.01 per share or more.
Computation of Adjustments. Upon the occurrence of an event requiring an adjustment to Basic Rent payable pursuant to clause (ii) of Section 3(a), and the schedules of Casualty Values, Special Casualty Values and Termination Values attached hereto, pursuant to paragraph (d) or (e) of this Section 3, the owner Participant shall make the necessary computations and furnish to the Lessee, the Loan Participant, the Lessor and the indenture Trustee the revised amounts and percentages, which amounts and percentages shall be implemented upon delivery thereof and effective as of the date of occurrence of the event requiring such adjustment (taking into account any payment of Basic Rent already made) and shall remain effective until changed in consequence of any verification procedure set forth below. Such revised amounts and percentages shall be subject to verification (at the Lessee's request within 90 days after the Owner Participant furnishes the revised amounts to the Lessee, the Loan Participant, the Lessor and the Indenture Trustee) by the Owner Participant's nationally recognized independent public accountants, in which case such accountants shall either (i) confirm to the Lessee in writing that such revised amounts were computed or' a basis consistent with the original calculations, or (ii) compute and provide to the Lessee, the Lessor, the Owner Participant, the
Computation of Adjustments. Upon the occurrence of an event requiring an adjustment to Basic Rent and the Value Schedules pursuant to subsection (d) or (e) of this Section 3, the Owner Participant shall compute, on a basis consistent with the original calculations (which calculations were computed using the Pricing Assumptions) and furnish to the Lessee, the Loan Participants, the Lessor, the Indenture Trustee and any Collateral Trust Trustee the revised amounts and percentages (“Revised Rent Amounts”) together with a certificate of an authorized financial representative of the Owner Participant to the effect that the basis of the computation thereof is consistent with the requirements of this subsection (f) (but which, in the case of an adjustment pursuant to subsection (d) of this Section 3, shall be subject to the Lessee’s confirmation that such adjustments avoid, in the Lessee’s reasonable opinion, adverse regulatory accounting or rate regulation treatment), which Revised Rent Amounts shall be implemented and Basic Rent and such Value Schedules shall be adjusted accordingly upon the later of (A) delivery of the computations of such Revised Rent Amounts or (B) if the Letter of Credit is in effect, 30 days after the delivery thereof, and, in either case, effective as of the date of occurrence of the event requiring such adjustment and shall remain effective subject to any change which may be required as a consequence of the verification procedure set forth in paragraph (ii) of this Section 3(f) or as a consequence of any event thereafter requiring further adjustment pursuant to Section 3(d) or 3(e).
Computation of Adjustments. Upon the occurrence of each event requiring an adjustment of the Exercise Price and/or of the number of Shares purchasable pursuant to this Warrant in accordance with, and as required by, the terms of this Section 3, the Company shall compute, or if requested by the Holder shall forthwith employ a firm of certified public accountants (who may be the regular accountants for the Company) who shall compute, the adjusted Exercise Price and the adjusted number of Shares purchasable at such adjusted Exercise Price by reason of such event in accordance with the provisions of this Section 3 and shall prepare a certificate setting forth such adjusted Exercise Price and the adjusted number of Shares and showing in detail the facts upon which such conclusions are based, including a statement of the consideration received or to be received by the Company for any additional shares of Common Stock issued or sold or deemed to have been issued or sold and of the number of shares of Common Stock outstanding or deemed to be outstanding. All such calculations shall be to the nearest ten-thousandths and any adjusted Exercise Price shall be rounded to the nearest cent and any adjusted number of shares shall be rounded to the nearest whole share. The Company shall mail forthwith to the Holder of this Warrant a copy of such certificate, and thereafter said certificate shall be conclusive and shall be binding upon such Holder unless contested by such Holder by written notice to the Company within 10 days after receipt of the certificate by such Holder.