Extraordinary Items. If there is a change in the number of the outstanding shares of the Bank’s common stock by reason of a stock dividend or split, recapitalization, merger, consolidation, combination or exchange of shares where the shares are issued without additional consideration paid to the Bank (“Extraordinary Items”), then the number of Phantom Stock Appreciation Rights shall be increased or decreased proportionately, as of the beginning of the following Plan Year, at the discretion of the Board whose determination shall be conclusive; provided, however, that fractional Phantom Stock Appreciation Rights shall be rounded to the nearest whole Right.
Extraordinary Items. In the event of the Company’s merger with a mutual institution, conversion to a stock company or other material change in the Company’s total capitalization that occurs after the establishment by the Company of the Officer’s Phantom SAR’s Account, the number of outstanding Phantom SAR shares subject to this Agreement shall be adjusted accordingly.
Extraordinary Items. In the event of the Company’s merger with a mutual institution, conversion to a stock company or other material change in the Company’s total capitalization that occurs after the establishment by the Company of the Executive’s Phantom Stock Account, the number of outstanding Phantom Stock shares subject to this Agreement may be adjusted appropriately by the Company, whose determination shall be conclusive.
Extraordinary Items. In determining the apportionment of Tax Items between Pre-Distribution Periods and Post-Distribution Periods, any Tax Items arising in connection with the Distribution or any transactions undertaken in preparation for the Distribution shall be treated as extraordinary items described in Treasury Regulations Section 1.1502-76(b)(2)(ii)(C) and shall be allocated to Pre-Distribution Periods to the extent and in the manner determined by Distributing Co. in its sole discretion.
Extraordinary Items. The profits of the Company for the two years ended on the Balance Sheet Date as shown by the Accounts and the trend of profits thereby shown have not (except as disclosed in such accounts) been affected by inconsistencies in accounting practices, by the inclusion of non-recurring items of income or expenditure, by transactions entered into otherwise than on normal commercial terms or by any other factors or extraordinary items rendering such profits for all or any of such periods exceptionally high or low.
Extraordinary Items. Notwithstanding that a purchase is contemplated by a Annual Budget, NAES will obtain Owner’s written approval prior to a procurement in an amount greater than or, if an annual blanket purchase order, that NAES reasonably anticipates will exceed during a Contract Year (“Extraordinary Item”). Owner may elect to directly procure Extraordinary Items.
Extraordinary Items. The Extraordinary Item component of the Service Fee, which may be a charge or a credit, shall be equal to the sum of the following items (each an “Extraordinary Item” hereunder):
(1) The amounts payable by the BWS for increased operation, maintenance or other costs incurred on account of the occurrence of an Uncontrollable Circumstance which is chargeable to the BWS hereunder, net of any operation, maintenance or other cost savings achieved by the DBOM Contractor in mitigating the effects of the occurrence of such an Uncontrollable Circumstance; plus or minus
(2) Any adjustments to the Service Fee resulting from a Capital Modification under the provisions of Article 14 (Capital Modifications); minus
(3) Any reimbursement payments owned by the DBOM Contractor for any charges or penalties imposed by the electricity provider resulting from DBOM Contractor Fault pursuant to subsection 11.5(A) (Electricity Supply and Consumption); minus
(4) Any proceeds from any sale of surplus equipment, net of the DBOM Contractor’s expense in arranging the sale, pursuant to Section 13.8 (Disposal of Surplus Equipment); minus
(5) Any liquidated damages or reimbursement payments owed by the DBOM Contractor due to non-performance specifically provided for under Article 12 (Performance) or any other provision hereof; minus
(6) Any indemnification payments owed by the DBOM Contractor pursuant to Article 20 (Indemnification) or any other provision hereof; and, plus or minus
(7) Any other increase or reduction in the Service Fee provided for under any other Article of this Service Agreement. Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 15 - Service Fee and Other Payments
Extraordinary Items. In the event and to the extent that any Necessary Work involves any structural, capital or extraordinary Repairs or Alterations to an Exclusive Use Common Element, the entire cost thereof shall (except as otherwise provided in Section 6(h) of the Declaration) be borne entirely by the Unit Owner to which such Exclusive Use Common Elements are appurtenant; except in each case, to the extent that such cost is covered by the proceeds of any insurance actually maintained by the Board of Managers, or would have been so covered had the insurance that was required to be maintained pursuant to the provisions of these By-Laws actually been maintained by the Board of Managers. Such cost shall not be deemed covered by insurance proceeds pursuant to the preceding sentence to the extent of any applicable deductibles. 3 Insurance consultant to confirm.
Extraordinary Items. Those items that would properly be classified as extraordinary items under GAAP shall be excluded from the calculation of Net Earnings unless such items are directly associated or identifiable with New Business Lines, in which case the portion of such items that is directly associated or identifiable with New Business Lines shall be included in the calculation of Net Earnings.
