Limits on Adjustments. No adjustment shall be made under this Section 9 which would, within the meaning of any applicable provision of the Code, constitute a modification, extension or renewal of this option or a grant of additional benefits to the Optionee.
Limits on Adjustments. No adjustment shall be made under this Section 7 which would, within the meaning of any applicable provision of the Code, constitute a modification, extension or renewal of this Option or a grant of additional benefits to the Employee.
Limits on Adjustments. No adjustment in the Exercise Price shall be required unless such an adjustment would require an increase or decrease of at least five cents ($0.05) in such price; provided, however, that any adjustments which by reason of this Section 2.6 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 2 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be. Notwithstanding anything in this Section 2 to the contrary, the Exercise Price shall not be reduced to less than the then existing par value of the Common Stock as a result of any adjustment made hereunder.
Limits on Adjustments. No adjustment in the Exercise Price shall be required unless such adjustment would require an increase or decrease of at least five cents ($0.05) in such price; provided, however, that any adjustments which by reason of this sentence are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All such calculations shall be made to the nearest cent. Notwithstanding anything in this Section 3.06 to the contrary, the Exercise Price shall not be reduced to less than the then existing par value of the Common Stock as a result of any adjustment made hereunder.
Limits on Adjustments. Any issuance by the Company of shares of any class other than [●]of the Company, or securities convertible into shares of any class, shall not affect, and no adjustment by reason thereof shall be made with respect to, the number or price of Shares subject to any Award, except as specifically provided otherwise in this Plan. The grant of Awards under the Plan shall not affect in any way the right or authority of the Company to make adjustments, reclassifications, reorganizations or changes of its capital or business structure or to merge, consolidate or dissolve, or to liquidate, sell or transfer all or any part of its business or assets. All adjustments that the Committee makes under this Plan shall be conclusive.
Limits on Adjustments. If this option is an ISO, no adjustment shall be made under this Section 7 which would, within the meaning of any applicable provision of the Code, constitute a modification, extension or renewal of this option or a grant of additional benefits to the Optionee.
Limits on Adjustments. No adjustment to an Exercise Price shall be required unless such adjustment would result in a change of at least 1% in the prevailing Exercise Price and no adjustment in the number of Warrant Shares will be required to be made unless the cumulative effect of such adjustment or adjustments would change the number of Warrant Shares by at least one Warrant Share and, for greater clarity, any adjustment which, except for the qualification of this section, would otherwise have been required to be made shall be carried forward and taken into account in any subsequent adjustment; provided, however, that in no event shall the Company be obligated to issue fractional Warrant Shares or fractional interests in Warrant Shares upon exercise of a Warrant or pay any amount in cash in lieu of issuing fractional Warrant Shares.
Limits on Adjustments. Any issuance by the Company of stock of any class other than the Common Stock, or securities convertible into shares of stock of any class, shall not affect, and no adjustment by reason thereof shall be made with respect to, the number or price of shares of the Common Stock subject to any Award, except as specifically provided otherwise in this Omnibus Plan. The grant of Awards under the Omnibus Plan shall not affect in any way the right or authority of the Company to make adjustments, reclassifications, reorganizations or changes of its capital or business structure or to merge, consolidate or dissolve, or to liquidate, sell or transfer all or any part of its business or assets. All adjustments the Committee makes under this Omnibus Plan shall be conclusive.
Limits on Adjustments. The adjustments to the Base Merger Consideration pursuant to this Section 5.11 are subject to the following general limitations: No single Title Defect shall be taken into account as an adjustment to the Base Merger Consideration unless the value of such defect is determined to be more than $100,000 (the "Individual Title Defect Threshold"); No single Environmental Defect shall be taken into account as an adjustment to Base Merger Consideration unless the cost of remediating such defect is determined to be more than Ten Thousand Dollars ($10,000) (the "Individual Environmental Defect Threshold"); and No adjustment will be made to the Base Merger Consideration under this Section 5.11 except to the extent that the total of (x) all individual adjustments for Title Defects that exceed the Individual Title Defect Threshold plus (y) all individual adjustments for Environmental Defects that exceed the Individual Environmental Defect Threshold exceeds $1,000,000 in the aggregate (the "Aggregate Defect Threshold"); by way of example, if the total of all individual adjustments for Title Defects that exceed the Individual Title Defect Threshold equals $900,000 and the total of all adjustments for Environmental Defects that exceed the Individual Environmental Defect Threshold is less than $100,000, then no adjustment would be made to the Base Merger Consideration; and, if the total of all individual adjustments that exceed the Individual Title Defect Threshold equals $1,100,000, and the total of all adjustments that exceed the Individual Environmental Defects Threshold is $500,000, then an adjustment of $1,600,000 shall be made to the Base Merger Consideration.
Limits on Adjustments. No single Title Defect shall be taken into account as an adjustment to the Base Consideration unless the value of such Title Defect is determined to be more than $100,000 (the "Individual Title Defect Threshold"). No single Environmental Defect shall be taken into account as an adjustment to Base Consideration unless the cost of remediating such Environmental Defect is determined to be more than $100,000 (the "Individual Environmental Defect Threshold"). In addition, in order to effect an adjustment to the Base Consideration, the value of all Title Defects and Environmental Defects properly asserted as provided herein must exceed $5,000,000 in the aggregate (the "Aggregate Defect Threshold"); provided, however, that the Base Consideration shall be adjusted only by the amount equal to the excess of (i) the total of (A) all such Title Defects that each exceed the Individual Title Defect Threshold and (B) all such Environmental Defects that each exceed the Individual Environmental Defect Threshold over (ii) the Aggregate Defect Threshold.
