Conforming Adjustments. The Conforming Adjustments shall have been made to the satisfaction of NCC in its sole discretion.
Conforming Adjustments. The Conforming Adjustments shall have been made to the satisfaction of ANB in its sole discretion.
Conforming Adjustments. If there are any inconsistencies or discrepancies as between this Confirmation and the 2014 ISDA Credit Derivatives Definitions, the Calculation Agent shall resolve any such inconsistencies or discrepancies acting in its sole discretion.
Conforming Adjustments. The Conforming Adjustments shall have been made to the satisfaction of Parent in its sole discretion.
Conforming Adjustments. The Conforming Adjustments shall have been made to the satisfaction of TIB in its sole discretion.
Conforming Adjustments. Following final determination of Closing Book Value as provided above, the various definitions contained herein which determine the final Merger Consideration shall all be finalized based on the final determination. Thus, the definitions of the Cash Conversion Number, the Number of TSI Shares, and the Share Conversion Number shall all be appropriately adjusted.
Conforming Adjustments. The Conforming Adjustments shall have been made to the satisfaction of CBF in its sole discretion.
Conforming Adjustments. 25 4.11 D&O Indemnification and Insurance..................................26 4.12 Company's Employee Plans and Benefit Arrangements..................26 4.13
Conforming Adjustments. At the request of Commercial and in an ---------------------- amount specified by Commercial, prior to the Effective Time, the Company and such of the Company Subsidiaries as Commercial shall direct shall establish such additional accruals and reserves ("Conforming Adjustments") as may be necessary in the sole determination of Commercial to conform the Company's and the Company Subsidiaries' accounting practices and policies as well as to conform their interest rate risk position to those of Commercial(as such accounting practices and policies are to be applied to Company and the Company Subsidiaries from and after the Effective Time); provided, however, that Company and the Company Subsidiaries shall not be required to take such action until: (i) Company provides to Commercial a written statement dated the date of Closing certified by the Chairman of the Board, the President and the Chief Financial Officer of the Company, that the conditions in Sections 5.1 and 5.3 to be satisfied by the Company or the Company Subsidiaries or both of them have been satisfied or, alternatively, setting forth in detail the circumstances that have prevented such conditions from being satisfied (the "Reliance Certificate") and Commercial provides to the Company a Reliance Certificate relating to the conditions in Section 5.1 and 5.2; and (ii) Commercial, after reviewing the Reliance Certificate, provides the Company a written waiver of any right it may have to terminate the Agreement which waiver shall contain an express condition precedent that Company and the Company Subsidiaries have established such additional Conforming Adjustments as requested by Commercial pursuant to this Section 4.10. No additional Conforming Adjustments taken by the Company and the Company Subsidiaries pursuant to this Section 4.10 shall be deemed in and of itself to be a breach or violation of any representation, warranty, covenant, condition or other provision of this Agreement.
Conforming Adjustments. 2.16 To decrease Echo Bay operating costs by $6.1 million for the year ended December 31, 2001, and $2.0 million for the nine months ended September 30, 2002, to reflect the impact of expensing stripping costs as incurred, in accordance with the Corporation's accounting policies.
