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 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 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. 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 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 on a basis consistent with the original calculations, or (ii) compute and provide to the Lessee, the Lessor, the Owner Participant, the Loan Participant and the Indenture Trustee revised amounts and percentages which are on such a basis. The revised amounts and percentages, as so confirmed or computed if applicable, shall be conclusive and binding upon the Lessee, the Lessor, the Owner Participant, the Loan Participant and the Indenture Trustee. The cost of any such verification shall be borne by the Lessee unless such accountants shall require an adjustment to the revised amounts and percentages originally provided by the Owner Participant which differs by more than 10% from the adjustment so provided, in which case such cost shall be divided and paid by the Lessee and the Owner Participant in equal amounts. Each adjustment pursuant to paragraph (d) or (e) of this Section 3 may, but need not, be evidenced by the execution and delivery of a supplement to this Facility Lease in form and substance satisfactory to the Lessee and the Owner Participant, but shall be effective as provided herein without regard to the date on which such supplement to this Facility Lease is so executed and delivered. Any adjustment referred to in this Section 3 shall satisfy the provis...
Computation of Adjustments. Upon the occurrence of an event requiring an adjustment to the Basic Rent, the EBO Price, Casualty Values or Termination Values pursuant to this Article IX, the Owner Participant shall make the necessary computations and, within ninety (90) days after the Owner Participant's knowledge of such event, furnish to the Lessee a certificate complying with the requirements of Section 9.4 hereof. In making any such computations, the Owner Participant (a) shall utilize the same methods and assumptions (including tax constraints) originally used to calculate the payments of Basic Rent, the EBO Price, Casualty Values and Termination Values (other than those assumptions changed as a result of the event described in Section 9.1 necessitating such computations; it being agreed that such computation shall reflect solely any changes of assumptions or facts resulting directly from any such event necessitating such recalcu- lation); and (b) shall minimize to the maximum extent possible, but subject at all times to the preservation of Net Economic Return, the present value (discounted semi-annually at an interest rate per annum equal to the Debt Rate) of the payments of Basic Rent. All Basic Rent adjustments shall be consistent with Rev. Procs. 75-21 and 75-28 and Section 467 of the Code as in effect at the time of the adjustment, including any final, proposed or temporary regulation or other administrative announcement issued thereunder. In no event shall any such adjustment, in the judgment of the Owner Participant, result in the Lease being treated as a "disqualified leaseback" or "long term agreement" within the meaning of Section 467 of the Code and any regulation (including any proposed regulation) or other interpretation regarding Section 467 of the Code, or otherwise cause any adverse tax consequences to the Owner Participant. If the Lessee shall disagree with any such determinations, such determinations and the supporting data described below shall be reviewed and determined by an independent accounting firm jointly chosen by the Lessee and the Owner Participant, or, in the absence of agreement as to such firm, by a third independent accounting firm jointly chosen by two independent accounting firms, one chosen by the Owner Participant and one chosen by the Lessee. In connection with any such review, the Owner Participant shall make available to such accounting firm or firms on a confidential basis its pricing runs and its related assumptions, but under no circumsta...
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 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. (i) Upon the occurrence of an event requiring adjustments pursuant to Section 3(e), the Owner Participant shall make the necessary computations on a basis consistent with that used by the Owner Participant in the computation of the percentages for Basic Rent and Stipulated Loss Value set forth in the Schedules hereto, as theretofore adjusted, taking into account only the event giving rise to the adjustments and the provisions of Section 3(e). Such adjustments shall be effective (A) on the 30th day after the Owner Participant shall have furnished to the Lessee an Officer's Certificate confirming that such adjustments have been properly computed in accordance with the provisions of this Lease (or on such earlier day as the Lessee agrees in writing as to such adjustments) or (B) if the Lessee shall have disputed any computation or amount set forth in such certificate on or before such 30th day, on the date on which such dispute is resolved in accordance with Section 3(f)(ii), and shall remain effective until changed in consequence of any event occurring thereafter requiring further adjustment pursuant to Section 3(e).
(ii) Within 30 days after the Owner Participant shall have provided the Lessee with a certificate pursuant to Section 3(f)(i), the Lessee may request that the Owner Participant furnish all information necessary to permit the confirmation of the accuracy of the Owner Participant's computation of the adjustments described in such certificate to the Qualified Firm. Notwithstanding the foregoing, the Qualified Firm shall only have access to such books and records of the Owner Participant as may be necessary to verify the computation of such adjustments and shall not have access to the income tax returns of the Owner Participant. The Qualified Firm shall be required to confirm to the Owner Participant in writing that all information provided to the Qualified Firm shall remain the property of the Owner Participant, shall be held in strict confidence, shall not be duplicated or revealed to any other Person except to the extent disclosure may be required by Applicable Law, and shall be returned to the Owner Participant upon completion of the confirmation process. Within 30 days after its receipt of such information, the Qualified Firm either shall confirm the accuracy of such computation or shall notify the Owner Participant that such computation and the resulting adjustments proposed by the Owner Participant are inaccurate. In the latter event, the Own...
