Effects of Changes of Law Sample Clauses

Effects of Changes of Law. Supplier shall adjust the Contract Capacity Charge and the Permanent Additional Capacity Charge as provided below to reflect fifty percent (50%) of Customer's pro rata share (determined as set forth below) of Supplier's capital expenditures required at the Back Bay West Energy Center, relating to providing chilled water to Customer directly resulting from a Change of Law.. Such adjustments shall become effective immediately upon written notice of the adjustment to Customer provided that, except as set forth below, Customer shall have no liability for such adjustments applicable to any period prior to such notice. There shall be only included in such adjustments fifty percent (50%) of the depreciation for such capital improvements made by Supplier, plus an interest factor equal to the interest rate then charged for long term mortgages by institutional lenders on like properties within the general locality in which the Properties are located. Depreciation shall be determined by dividing the original cost of such capital expenditure by the longer of (i) the number of years of its useful life, which such useful life shall be reasonably determined by Supplier in accordance with generally accepted accounting principles and practices in effect at the time of the capital expenditure, and (ii) the remaining term of this Agreement. Overhead and general administrative expenses relating to Supplier's principal office and capital expenditures which are made in the Back Bay West Energy Center and are not related to the providing of chilled water to Customer shall not be reflected in such adjustments and shall not be recoverable by Supplier pursuant to this Section 3.2. Customer's pro rata share of chilled water at the Back Bay West Energy Center for purposes of calculating the foregoing adjustment to Contract Capacity Charge and the Permanent Additional Capacity Charge shall be determined by dividing the total ton hours of chilled water delivered to Customer for the twenty-four month period preceding the month in which the adjustment is to be made by the total ton hours of chilled water delivered to all customers of the Back Bay West Energy Center during such period. If a Change of Law occurs during the first twenty-four months of this Agreement, the adjustment contemplated by this Section 3.2 shall be made in the twenty-fifth month but shall be retroactive to the later of the date of the costs resulting from the Change of Law are first incurred by Supplier or the date ...
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Related to Effects of Changes of Law

  • Changes of Commitments (a) The Aggregate Commitments shall at all times be equal to the lesser of (i) the Aggregate Maximum Credit Amounts after adjustments resulting from reductions pursuant to Section 2.03(b) or (ii) the Borrowing Base as determined from time to time.

  • Absence of Changes or Events Except as set forth in Section 3.7 of the Company Disclosure Letter, since December 31, 2000 through the date of this Agreement, the Company and its Subsidiaries have not incurred any liability or obligation that has resulted or would reasonably be expected to result in a Company Material Adverse Effect, and there has not been any change in the business, financial condition or results of operations of the Company or any of its Subsidiaries which has had, or would reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect, and the Company and its Subsidiaries have conducted their respective businesses in the ordinary course consistent with their past practices.

  • Material Changes or Material Transactions Since the respective dates as of which information is given in the Registration Statement and the Prospectus, except as may otherwise be stated therein or contemplated thereby, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

  • Changes, etc This instrument and the provisions hereof may be changed, waived, discharged or terminated only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

  • Transfers and Exchanges of Global Notes (i) Subject to the immediately following sentence, no Global Note may be transferred or exchanged in whole except (x) by the Depositary to a nominee of the Depositary; (y) by a nominee of the Depositary to the Depositary or to another nominee of the Depositary; or (z) by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. No Global Note (or any portion thereof) may be transferred to, or exchanged for, a Physical Note; provided, however, that a Global Note will be exchanged, pursuant to customary procedures, for one or more Physical Notes if:

  • Changes, Waivers, Etc Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by a statement in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

  • Principles of Construction All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. All uses of the word “including” shall mean “including, without limitation” unless the context shall indicate otherwise. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.

  • Accounting Changes; Organizational Documents (a) Change its Fiscal Year end, or make (without the consent of the Administrative Agent) any material change in its accounting treatment and reporting practices except as required by GAAP.

  • Certain Accounting Changes; Organizational Documents (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAP, as set forth in Section 13.9 or as recommended by the Securities Exchange Commission or the Public Company Accounting Oversight Board or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

  • Transfers and Exchanges of Physical Notes (i) Subject to this Section 2.10, a Holder of a Physical Note may (x) transfer such Physical Note (or any portion thereof in an Authorized Denomination) to one or more other Person(s); (y) exchange such Physical Note (or any portion thereof in an Authorized Denomination) for one or more other Physical Notes in Authorized Denominations having an aggregate principal amount equal to the aggregate principal amount of the Physical Note (or portion thereof) to be so exchanged; and (z) if then permitted by the Depositary Procedures, transfer such Physical Note (or any portion thereof in an Authorized Denomination) in exchange for a beneficial interest in one or more Global Notes; provided, however, that, to effect any such transfer or exchange, such Holder must:

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