Management Fee Adjustment Sample Clauses

Management Fee Adjustment. For any applicable period, the difference between the Management Fee and the Overhead Allocation, expressed as a positive or negative number, as the case may be. Maturity Date. February 10, 2011, or such earlier date (or later date pursuant to §2.9) on which the Term Loan shall become due and payable pursuant to the terms hereof. The Maturity Date may be extended to May 10, 2011 in accordance with the terms of §2.9.
AutoNDA by SimpleDocs
Management Fee Adjustment. For any applicable period, the difference between the Management Fee and the Overhead Allocation, expressed as a positive or negative number, as the case may be.
Management Fee Adjustment. To the extent that Flags II engages ------------------------- in a very high volume/low margin or very high margin/low volume activity (compared to an amusement park), which is not typical for amusement park operations at the Amusement Park at the date of this Agreement (such as, by way of illustration of a high volume/low margin activity, but not of limitation, gaming or supermarket operations), then either SFOT II or Fund II may demand that the deduction from net income or loss set forth in clause (v) of paragraph (B) of the definition of "EBITDA" in respect of the Management Fee (the "Management Fee EBITDA Deduction") be adjusted so that the Management Fee EBITDA Deduction will not unfairly overstate or unfairly understate the Management Fees to be used in calculating EBITDA. If SFOT II and Fund II cannot agree on such adjustment, then the adjustment shall be determined by the Accounting Arbitrator using its own judgment in accordance with Section 11.16(g). This Section 11.16(i) deals only with the Management Fee EBITDA Deduction as it relates to the calculation of EBITDA and shall not affect the actual Management Fee or Priority Management Fee Distributions to which SFOT II is entitled under the Flags II Limited Partnership Agreement.
Management Fee Adjustment. CWM REIT shall pay to CAMC Advisor all fees accrued and unpaid and reimbursable expenses payable to CAMC Advisor under the Management Agreement in respect of periods up to the Effective Time (as if the Management Agreement had been terminated as of the Effective Time and payment was to be made under Section 17 thereof, without giving effect for such purposes to Section 10(d) of the Management Agreement); provided that, in the event that the Effective Time occurs prior to the record date for the regular quarterly dividend of CWM REIT in respect of the quarter in which the Effective Time occurs, CAMC Advisor hereby irrevocably waives that portion of CAMC Advisor's compensation attributable to the A-21 incentive fee under Section 10(c) of the Management Agreement for the quarterly period during which the Effective Time occurs.
Management Fee Adjustment. Effective the first day of each calendar ------------------------- year, the Annual Management Fee Cap, the First Quarter Management Fee Cap, Second Quarter Management Fee Cap, Third Quarter Management Fee Cap, and Fourth Quarter Management Fee Cap (collectively, Management Fee Caps") shall be increased so that the amount of the Management Fee Caps, as adjusted, as applicable, bears the same ratio to the amount of the Management Fee Caps, as applicable, on the first day of the immediately preceding calendar year (or to the initial Management Fee Caps, as applicable, in the case of the first adjustment) as the Official Consumer Price Index published by the Bureau of Labor Statistics, United States Department of Labor (1982-1984=100) for All Urban Consumers, ("CPI"), in effect on the first day of the calendar year in which the adjustment is made bears to the CPI on the first day of the calendar year immediately preceding, except that no reductions to the Management Fee Caps will be made pursuant to this Section 5.6 or any other section hereof.
Management Fee Adjustment. If the calculation of the Performance Incentive pursuant to Section 6.6 should produce a result which is less than zero, the Owner and Operator agree that the Management Fee arrangements will be reevaluated to determine if the definitions of Performance Incentive and/or Specified Owner Return should be modified in order to provide the Owner with a reasonable return on equity invested and the Operator with fair compensation for services provided. Such modifications shall be made, in the form of an amendment to this Agreement, only if agreed to by both Parties.

Related to Management Fee Adjustment

  • Fee Adjustment Fees as provided in this Agreement to be charged to residents of Joplin and the City pursuant to this Agreement may be adjusted based upon the AARC's change in costs subsequent to the previous adjustment. Any individual fee increases will be adjusted only to the extent of an increase in the Consumer Price Index (St. Louis -All Urban Consumers), utilizing the December 12 month period index from the previous year. If a fee increase request is in excess of the Consumer Price Index the city may request to review data on actual costs of each service if needed to document cost increases. In the event an adjustment to documented cost is warranted, AARC shall provide written notice thereof with supporting documentation, by no later than May 1 of each year. All increases shall be subject to annual appropriation by the Joplin City Council. City shall have thirty (30) days to review and request additional supporting documentation. In the event the parties are unable to agree to the cost adjustment, either party shall be entitled to terminate this Agreement as provided herein.

  • Fee Adjustments The fixed fees and other fees expressed as stated dollar amounts in this Schedule C and in this Agreement are subject to annual increases, commencing on the one-year anniversary date of the date of this Agreement, in an amount equal to the percentage increase in consumer prices for services as measured by the United States Consumer Price Index entitled “All Services Less Rent of Shelter,” or a similar index should such index no longer be published, since such one-year anniversary or since the date of the last fee increase, as applicable.

  • Management Fee For all services to be rendered, payments to be made and costs to be assumed by you as provided in sections 2, 3, and 4 hereof, the Trust on behalf of the Fund shall pay you in United States Dollars on the last day of each month the unpaid balance of a fee equal to the excess of (a) 1/12 of .55 of 1 percent of the average daily net assets as defined below of the Fund for such month; provided that, for any calendar month during which the average of such values exceeds $250,000,000 the fee payable for that month based on the portion of the average of such values in excess of $250,000,000 shall be 1/12 of .52 of 1 percent of such portion; provided that, for any calendar month during which the average of such values exceeds $1,000,000,000, the fee payable for that month based on the portion of the average of such values in excess of $1,000,000,000 shall be 1/12 of .50 of 1 percent of such portion; provided that, for any calendar month during which the average of such values exceeds $2,500,000,000, the fee payable for that month based on the portion of the average of such values in excess of $2,500,000,000 shall be 1/12 of .48 of 1 percent of such portion; provided that, for any calendar month during which the average of such values exceeds $5,000,000,000, the fee payable for that month based on the portion of the average of such values in excess of $5,000,000,000 shall be 1/12 of .45 of 1 percent of such portion; provided that, for any calendar month during which the average of such values exceeds $7,500,000,000, the fee payable for that month based on the portion of the average of such values in excess of $7,500,000,000 shall be 1/12 of .43 of 1 percent of such portion; provided that, for any calendar month during which the average of such values exceeds 10,000,000,000, the fee payable for that month based on the portion of the average of such values in excess of $10,000,000,000 shall be 1/12 of .41 of 1 percent of such portion; and provided that, for any calendar month during which the average of such values exceeds 12,500,000,000, the fee payable for that month based on the portion of the average of such values in excess of $12,500,000,000 shall be 1/12 of .40 of 1 percent of such portion; over (b) any compensation waived by you from time to time (as more fully described below). You shall be entitled to receive during any month such interim payments of your fee hereunder as you shall request, provided that no such payment shall exceed 75 percent of the amount of your fee then accrued on the books of the Fund and unpaid.

  • Management Fees (a) In consideration of the services provided by the Investment Manager, each class of a Fund shall pay to the Investment Manager a management fee that is calculated as described in this Section 6 using the fee schedules described herein.

  • Monthly Management Fee Payment On the first business day of each month, each class of each Fund shall pay the management fee to the Investment Manager for the previous month. The fee for the previous month shall be the sum of the Daily Management Fee Calculations for each calendar day in the previous month.

  • Performance Adjustment One-twelfth of the annual Performance Adjustment Rate will be applied to the average of the net assets of the Portfolio (computed in the manner set forth in the Fund's Declaration of Trust or other organizational document) determined as of the close of business on each business day throughout the month and the performance period.

  • Equitable Adjustment Trading volume amounts, price/volume amounts and similar figures in the Transaction Documents shall be equitably adjusted (but without duplication) to offset the effect of stock splits, similar events and as otherwise described in this Agreement and Warrants.

  • Market Value Adjustment Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

  • Base Management Fee The Base Management Fee shall be calculated at an annual rate of 2.0% of the Company’s average gross assets. The Base Management Fee shall be payable quarterly in arrears, and shall be calculated based on the average value of the Company’s gross assets at the end of the two most recently completed calendar quarters. All or any part of the Base Management Fee not taken as to any quarter shall be deferred without interest and may be taken in such other quarter as the Adviser shall determine. The Base Management Fee for any partial month or quarter shall be appropriately pro rated.

  • Property Management Fee For its services in managing the day-to-day operations of the Property in accordance with the terms of this Agreement, Company shall pay to Property Manager an annual property management fee (the “Property Management Fee”) equal to 4.0% of the Gross Revenue (as hereinafter defined). The Property Management Fee shall be prorated for any partial year and shall be payable in equal monthly installments, in advance. The Property Management Fee shall be payable on the first day of each month from the Operating Account or from other funds timely provided by the Company. Upon the expiration or earlier termination of this Agreement, the parties will prorate the Property Management Fee on a daily basis to the effective date of such expiration or termination. For purposes of this Agreement, the term “Gross Revenue” shall mean all gross collections from the operations of the Property, including, without limitation, rental receipts, late fees, application fees, pet fees, damages, lease buy-out payments, reimbursements by Tenants for common area expenses, operating expenses and taxes and similar pass-through obligations paid by Tenants, but shall expressly exclude (i) security deposits received from Tenants and interest accrued thereon for the benefit of the Tenants until such deposits or interest are included in the taxable income of the Company; (ii) advance rents (but not lease buy-out payments) until the month in which payments are to apply as rental income; (iii) reimbursements by Tenants for work done for a particular Tenant; (iv) proceeds from the sale or other disposition of all or any portion of the Property; (v) insurance proceeds received by the Company as a result of any insured loss (except proceeds from rent insurance or the excess of insurance proceeds for repairs over the actual costs of such repairs); (vi) condemnation proceeds not attributable to rent; (vii) capital contributions made by the Company; (viii) proceeds from capital, financing and any other transactions not in the ordinary course of the operation of the Property; (ix) income derived from interest on investments or otherwise; (x) abatement of taxes, awards arising out of takings by eminent domain and discounts and dividends on insurance policies; and (xi) rental concessions not paid by third parties.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!