Common use of Concerning All Adjustments Clause in Contracts

Concerning All Adjustments. Notwithstanding anything to the contrary contained in this Agreement, if an adjustment is made under any provision of ARTICLE IV on account of any event, transaction, circumstance, condition or happening, no additional adjustment shall be made under any other provision of ARTICLE IV on account of such event, transaction, circumstance, condition or happening. Unless otherwise expressly provided in this ARTICLE IV, all determinations and calculations required or permitted under this ARTICLE IV shall be made by the Company or its Board of Directors, as appropriate, and all such calculations and determinations shall be conclusive and binding in the absence of manifest error.

Appears in 4 contracts

Samples: Warrant Agreement (iHeartMedia, Inc.), Warrant Agreement (Cumulus Media Inc), Warrant Agreement (Cumulus Media Inc)

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Concerning All Adjustments. Notwithstanding anything to the contrary contained in this Agreement, if an adjustment is made under any provision of ARTICLE Article IV on account of any event, transaction, circumstance, condition or happening, no additional adjustment shall be made under any other provision of ARTICLE Article IV on account of such event, transaction, circumstance, condition or happening. Unless otherwise expressly provided in this ARTICLE Article IV, all determinations and calculations required or permitted under this ARTICLE Article IV shall be made by the Company GenTek or its Board of Directors, as appropriate, and all such calculations and determinations shall be conclusive and binding in the absence of manifest error.

Appears in 3 contracts

Samples: Tranche C Warrant Agreement (Gentek Inc), Tranche B Warrant Agreement (Gentek Inc), Tranche a Warrant Agreement (Gentek Inc)

Concerning All Adjustments. Notwithstanding anything to the contrary contained in this Agreement, if an adjustment is made under any provision of ARTICLE IV on account of any event, transaction, circumstance, condition or happening, no additional adjustment shall be made under any other provision of ARTICLE IV on account of such event, transaction, circumstance, condition or happening (i.e, there shall be no “double credit” given for a single event, transaction, circumstance, condition or happening). Unless otherwise expressly provided in this ARTICLE IV, all determinations and calculations required or permitted under this ARTICLE IV shall be made by the Company or its Board of DirectorsBoard, as appropriate, and all such calculations and determinations shall be conclusive and binding in the absence of manifest error.

Appears in 2 contracts

Samples: Warrant Agreement (Townsquare Media, Inc.), Warrant Agreement (Townsquare Media, LLC)

Concerning All Adjustments. Notwithstanding anything to the contrary contained in this Agreement, if an adjustment is made under any provision of ARTICLE Article IV on account of any event, transaction, circumstance, condition or happening, no additional adjustment shall be made under any other provision of ARTICLE Article IV on account of such event, transaction, circumstance, condition or happening. Unless otherwise expressly provided in this ARTICLE Article IV, all determinations and calculations required or permitted under this ARTICLE Article IV shall be made by the Company Sterling or its Board of Directors, as appropriate, and all such calculations and determinations shall be conclusive and binding in the absence of manifest error.

Appears in 1 contract

Samples: Warrant Agreement (Sterling Chemical Inc)

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Concerning All Adjustments. Notwithstanding anything to the contrary contained in this Agreement, if an adjustment is made under any provision of ARTICLE IV on account of any event, transaction, circumstance, condition or happening, no additional adjustment shall be made under any other provision of ARTICLE IV on account of such event, transaction, circumstance, condition or happening. Unless otherwise expressly provided in this ARTICLE IV, all determinations and calculations required or permitted under this ARTICLE IV shall be made by the Company or its Board of DirectorsManagers, as appropriate, and all such calculations and determinations shall be conclusive and binding in the absence of manifest error.

Appears in 1 contract

Samples: Warrant Agreement (Magnachip Semiconductor LLC)

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