Corrective Adjustments. If, for any reason, allocations of Net Profit and Net Loss (or any item of income, gain, loss or expense taken into account in determining Net Profit and Net Loss) do not correspond to distributions of amounts reflecting Aggregate Net Profit or other property made or required to be made by the Company pursuant to Section 8 (due, for example, to events occurring between the time that such allocations are made and the time that the related distributions are made), then the General Partner shall allocate Net Profit and Net Loss (and, if necessary, items of Company income (including gross income), gain, loss and expense taken into account in determining Net Profit and Net Loss) and any other items of Company income, gain, loss and expense recognized in subsequent Accounting Periods among the Partners in such a manner as shall, in the General Partner's sole discretion, eliminate as rapidly as possible the disparity between the prior allocations of Net Profit and Net Loss (or items taken into account in determining Net Profit and Net Loss), on the one hand, and those non-corresponding distributions, on the other hand. In all cases, any corrective adjustments made pursuant to this Section 7.6 shall be controlled by the economic arrangement of the Partners set forth in Section 8.
Corrective Adjustments. Company hereby acknowledges that Purchaser has relied upon, among other things, the representation and warranty set forth in Section 3.6 regarding the outstanding Capital Stock of Company and the rights to acquire Capital Stock of Company as of the date of this Agreement. If it is later determined that the representation and warranty set forth in Section 3.6 is untrue or inaccurate such that the outstanding Capital Stock or rights to acquire Capital Stock are greater that the amount disclosed therein, then Company shall notify each Holder in writing within 10 Business Days of discovering such inaccuracy and shall promptly prepare, execute and deliver to the Holders such additional documents and certificates as are necessary to equitably adjust the Exercise Price and/or Warrants and Warrant Shares deliverable upon exercise of all Warrants for the benefit of Holders. Such adjustment shall include the issuance of additional Warrants and/or the reduction in Exercise Price of the Warrants, as approved in writing by Holders of a majority of the Warrants.
Corrective Adjustments. Company hereby acknowledges that Holder is relying upon, the representations set forth in Section 2.2 regarding the capitalization of Company as of the date hereof. If it is later determined that such information is untrue or inaccurate such that the outstanding Capital Stock or rights to acquire Capital Stock are greater that the amount disclosed, then Company shall promptly prepare, execute and deliver to Holder such additional documents and certificates as are necessary to equitably adjust the Warrants and Warrant Shares deliverable upon exercise of all Warrants for the benefit of Holder. Such adjustments shall include the issuance of additional Warrants and/or the reduction in Exercise Price of the Warrants, as is acceptable to Holder. To the extent that Company and Holder cannot agree as to the amount or implementation of any such adjustment, then such determination shall be made by an Independent Appraiser.
Corrective Adjustments. Company hereby acknowledges that Purchaser has relied upon, among other things, the representation and warranty set forth in Section 3.6 regarding the outstanding Capital Stock of Company and the rights to acquire Capital Stock of Company as of the date of this Agreement. If it is later determined that the representation and warranty set forth in Section 3.6 is untrue or inaccurate such that the outstanding Capital Stock or rights to acquire Capital Stock are greater that the amount disclosed therein, then Company shall notify each Holder in writing within 10 Business Days of discovering such inaccuracy and shall promptly prepare, execute and deliver to the Holders such additional documents and certificates as are necessary to equitably adjust the Exercise Price and/or Warrants and Warrant Shares deliverable upon exercise of all Warrants for the benefit of Holders. Such adjustment shall include the issuance of additional Warrants and/or the reduction in Exercise Price of the Warrants, as approved in writing by Holders of a majority of the Warrants. In addition, if the assumption regarding the number of shares of Common Stock issued in connection with the Telecon Acquisition and the Additional Acquisitions (as set forth in Section 3.6.c) is incorrect (after the Telecon Acquisition and all such Additional Acquisitions have been completed), then Company shall, within 30 calendar days after the completion of the last such Additional Acquisition, provide Holders with a current capitalization chart. Holders shall then determine the appropriate adjustment to the number of issued Warrants and/or the Exercise Price of the Warrants, and Company shall promptly prepare, execute and deliver to the Holders such additional documents and certificates as are necessary to equitably adjust the Exercise Price and/or the Warrants.
Corrective Adjustments. Iso Leso Optics and/or the Medical Scheme shall have the right to make corrective adjustments to any previous payment of the relevant tariff fee, provided however that any corrections shall be made within a period of 4 (four) months of such payment, and may be set off from amounts which may become due and payable from time to time.
Corrective Adjustments. If, for any reason, allocations of Net Income and Net Loss (or any item of income, gain, loss or expense taken into account in determining Net Income and Net Loss) do not correspond to distributions of amounts or other property made or required to be made by the Company pursuant to Article 7 (due, for example, to events occurring between the time that such allocations are made and the time that the related distributions are made), then the Management Committee shall allocate Net Income and Net Loss (and, if necessary, items of Company income (including gross income), gain, loss and expense taken into account in determining Net Income and Net Loss) and any other items of Company income, gain, loss and expense recognized in subsequent Accounting Periods among the Members in such a manner as shall, in the Management Committee’s sole discretion, eliminate as rapidly as possible the disparity between the prior allocations of Net Income and Net Loss (or items taken into account in determining Net Income and Net Loss), on the one hand, and those non-corresponding distributions, on the other hand. In all cases, any corrective adjustments made pursuant to this Section 6.3 shall be controlled by the economic arrangement of the Members set forth in Article 7.
Corrective Adjustments. If, in any Plan Year:
A. A qualification failure is detected that the Company determines to correct pursuant to the Employee Plan Compliance Resolution System, or any successor program, the Company will make the appropriate correction.
B. Any person who should not have been included as a Participant hereunder or whose Account(s) hereunder should have been credited with a lesser allocation of any amounts hereunder is erroneously included or credited with amounts and discovery of such erroneous inclusion or allocation is not made until after the allocations with respect to such Plan Year have been made, then the Company, at its sole discretion, shall advise the Plan Administrator either: (i) to return to Company that portion of such allocation as is attributable to the contribution of Company made by reason of a mistake in fact (to the extent permitted pursuant to Section 2.3 hereof) and to treat any balance as a forfeiture with respect to the Plan Year in which such discovery is made; (ii) to treat such entire amount as such a forfeiture with respect to the Plan Year in which such discovery is made; or (iii) to reallocate such entire amount for the Plan Year at issue.
Corrective Adjustments. UBH or Payor shall comply with the requirements set forth in Kentucky Revised Statutes 304.17A-708 and 304.17A-714 with regard to making adjustments to claims where there has been an overpayment or underpayment to Provider or when retroactively denying reimbursement to Provider. UBH and/or Payor shall not be required to correct a payment error to a Provider if the Provider’s request for
