Common use of Financing Adjustments Clause in Contracts

Financing Adjustments. The following adjustments will be made on the Financial Close Date. Such adjustments will be implemented in accordance with the provisions of Exhibit X.‌ (i) Changes in Public Funds Amount or Concession Fee Due to Review of Initial Base Case Financial Model. In the event that a review by the Financial Model Auditor of the Initial Base Case Financial Model discloses errors or discrepancies in such financial model that results in an increase to the Initial Equity IRR in excess of five bps, the Public Funds Amount will be decreased in an amount so as to return the Base Case Equity IRR to the Initial Equity IRR, and the Initial Base Case Financial Model will be updated to reflect such adjustment. If a review by the Financial Model Auditor of the Initial Base Case Financial Model discloses errors or discrepancies in such financial model that results in a decrease to the Initial Equity IRR, the Initial Base Case Financial Model will be updated, subject to prior review and approval by the Department, to reflect any adjustments, however the Public Funds Amount will not change.

Appears in 4 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement

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Financing Adjustments. The following adjustments will be made on the Financial Close Date. Such adjustments will be implemented in accordance with the provisions of Exhibit X.‌BB. (i) Changes in Initial Public Funds Amount or Concession Fee Due to Review of Initial Base Case Financial Model. In the event that a review by the Financial Model Auditor of the Initial Base Case Financial Model discloses errors or discrepancies in such financial model that results in an increase to the Initial Equity IRR in excess of five 5 bps, the Initial Public Funds Amount will be decreased in an amount so as to return the Base Case Equity IRR to the Initial Equity IRR, and the Initial Base Case Financial Model will be updated to reflect such adjustment. If a review by the Financial Model Auditor of the Initial Base Case Financial Model discloses errors or discrepancies in such financial model that results in a decrease to the Initial Equity IRRIRR in excess of 5 bps, the Initial Base Case Financial Model Department and the Concessionaire will be updated, subject engage in discussions as promptly as reasonably possible and exercise good faith efforts to prior review and approval by the Department, agree to reflect any adjustments, however the Public Funds Amount will not changeadjustments or other resolutions reasonably satisfactory to each party.

Appears in 1 contract

Samples: Comprehensive Agreement

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