Credit Adjustments. Until the Bank exercises its rights to collect the accounts receivable as provided under any security agreement required under this Agreement, the Borrowers may continue their present policies for credit adjustments. If a credit adjustment is made with respect to any Acceptable Receivable, the amount of such adjustment shall no longer be included in the amount of such Acceptable Receivable in computing the Borrowing Base.
Credit Adjustments. The amount of performance improvement attributable to any Improvement Parts will be determined by Boeing analysis based on data certified to be correct by Boeing. The amount of such improvement will be deemed to be the amount of improvement as calculated using reasonable engineering interpretations based on the data furnished pursuant to Article 5.4 of the AGTA and the data furnished pursuant to this paragraph 3.3. If Improvement Parts are installed in an Attachment A Aircraft as set forth in paragraph 2.2 above, subsequent payments of the Annual Excess Fuel Burn Amount will be reduced by an amount consistent with the reduction in the Compliance Deviation after such Improvement Parts are installed. If Customer elects not to install Improvement Parts in any applicable Attachment A Aircraft as set forth in paragraph 2.2 above, subsequent payments of the Annual Excess Fuel Burn Amount will be reduced by an amount consistent with the reduction in the Compliance Deviation which would have been realized had such Improvement Parts been installed.
Credit Adjustments. If at any time Buyer is required to make a ------------------ deposit to the Excess Funding Account on account of a Credit Adjustment, and Buyer notifies RPA Seller that Buyer does not have funds available to make such deposit, then RPA Seller shall promptly provide the amount of the required deposit to Buyer.
Credit Adjustments. [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT].
Credit Adjustments. The amount of performance improvement attributable to any Improvement Parts shall be determined by analysis based on data supplied by Boeing and certified to be correct by Boeing. The amount of such improvement shall be deemed to be the amount of improvement as calculated using reasonable engineering interpretations and calculations based on the data furnished pursuant to Article 5.4 of AGTA-TLS and the data furnished pursuant to this Paragraph 3.3.
Credit Adjustments. In the event that any PDP previously granted by HCDA during the effective period of the Xxxx XX is amended, withdrawn, expires, or is otherwise terminated prior to the completion of the development authorized by the PDP, the number of Reserved Housing Credits shall commensurately increase or decrease to reflect the commensurate increase or decrease in the associated requirements for reserved housing units under the 2005 Mauka Area Rules, resulting from the amendment, withdrawal, expiration, or termination of such PDP.
Credit Adjustments. 36 12.13 Verification of Receivables ................................. 37 12.14 Indemnification ............................................. 37 12.15 Notices ..................................................... 37 12.16 Headings .................................................... 37 12.17 Counterparts ................................................ 37
Credit Adjustments. An OEM must notify 3M Industrial Market Center Customer Service in writing within 30 days of the 3M invoice date if the OEM feels they are due a credit adjustment in connection with the 3M invoice as a result of any errors noted in the Disputed Invoice section above. If OEM claims they did not received a 3M-approved credit adjustment, OEM must notify 3M Industrial Market Center Customer Service in writing within 90 days of the date of the 3M invoice. Under no circumstances may a deduction off invoice be taken, or any payments due 3M be withheld in anticipation of receiving a credit adjustment. A OEM that does so will be in violation of 3M’s payment terms and standard credit policies will govern. 3M reserves the right to deduct the amount of any such deduction taken from any current or future funds that may otherwise be available to OEM under their Program (funding or rebates), to request payment from OEM which OEM agrees to pay promptly, or to withhold product shipments. In addition, the OEM may forfeit eligibility for remaining rebates in current year.
Credit Adjustments. F.1 If (a) TWComm encounters delays in the satisfaction of the Dedicated Preconditions or has failed any Ongoing Conditions (as these terms are described in Appendix E-6), such failure was not caused by AT&T, and such delay or failure by TWComm materially affects AT&T's ability to recover all of its accrued Service Credits in 1996; or (b) TWComm has declined to provide Embedded Services for reasons other than bona fide operations or contractual concerns, such that it has prevented AT&T from obtaining the benefit of the maximum Service Credits hereunder, then AT&T and TWComm shall cooperatively develop an alternative procedure that negates the effect of TWComm's delay, failure, or refusal in (a) or (b) above, on AT&T's ability to obtain Service Credits. -------------------------------------------------------------------------------- AT&T and TWComm Proprietary: Subject to Nondisclosure Agreement -------------------------------------------------------------------------------- AMENDMENT ONE TO THE AGREEMENT between TIME WARNER COMMUNICATIONS and AT&T COMMUNICATIONS, INC. -------------------------------------------------------------------------------- The effective date of this Amendment One is: June 1, 1997 -------------------------------------------------------------------------------- Pursuant to Section 48 of the Agreement between AT&T Communications, Inc. (AT&T) and Time Warner Communications (TWComm) dated September 15, 1995 (Agreement), the parties hereby agree to enter into this Amendment One to the Agreement and to incorporate the following changes: (i) to add supplemental provisions to the Agreement which cover AT&T Wireless Services, Inc.'s purchase of Services under the Agreement; (ii) the pricing and billing of certain POP to POP Services; and (iii) the application of less stringent network requirements under certain conditions. -------------------------------------------------------------------------------- PART I AT&T WIRELESS SERVICES
1. AT&T Wireless Services, Inc. of 50400 Carillon Point in Kirkland, Washixxxxx 00000, xxx xxx xx xxs divisions and affiliates (herinafter referred to collectively as "AWS") shall be included in the definition of "AT&T" within the terms and conditions of the Agreement, and any MSA Schedules entered into pursuant to the Agreement, and, accordingly, all terms and conditions of the Agreement and all MSA Schedules as well as the terms of this Amendment shall apply to TWComm and AWS.
Credit Adjustments. If, other than as a result of Contractual Dilution, on any day:
(a) the Outstanding Balance of a Receivable transferred by the Parent is:
(i) reduced as a result of any defective or rejected or returned goods or services or any adjustment or as a result of any tariff or other governmental or regulatory action (including, without limitation, any tax, whether such tax is an income tax, sales tax or any other tax that is owed to any government entity by the Parent or any of its Affiliates) or otherwise by the Parent (other than as a result of such Receivable becoming a Defaulted Receivable or to reflect cash Collections on account of such Receivable),
(ii) reduced or canceled as a result of a setoff in respect of any claim by any Person (whether such claim arises out of the same or a related transaction or an unrelated transaction),
(iii) reduced on account of the obligation of the Parent or any Affiliate thereof to pay to any person any rebate or refund; or
(b) any of the representations and warranties set forth in herein are not true when made or deemed made with respect to any Receivable, then, in such event, the Parent shall purchase such Receivable from the SPV for an amount equal to the Outstanding Balance of such Receivable (calculated before giving effect to the reduction or cancellation) in cash immediately. In the event that the Parent has paid to the SPV the full Outstanding Balance of any Receivable pursuant to this SECTION 1.3, the SPV shall reconvey such Receivable and all Related Security with respect thereto to the Parent, without recourse, representation or warranty, but free and clear of all liens created by the SPV and such reconveyed Receivables and all Related Rights shall no longer be subject to the terms of this Agreement.
