Market Price Adjustments Sample Clauses

Market Price Adjustments. 3.4.1 Beginning with the 2017 Contract Year, and again upon the expiration of a three (3) year period beginning on January 1st of such Contract Year, and upon the expiration of each three (3) year period thereafter, the Parties shall adjust the Base Price to reflect then-current market prices for similar quality coal meeting the quality specifications set forth in Exhibit A and sold for delivery the following year (the “Market Adjusted Base Price”). The Parties shall follow [**] REPRESENTS CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELTY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.4 the procedures described below to determine the adjusted Base Price. If the Parties agree on a Market Adjusted Base Price, the Market Adjusted Base Price shall become effective and shall be the “Base Price” as described in Section 3.1 for all purposes hereunder as of January 1st of the first Contract Year of the relevant three (3) year period. The Market Adjusted Base Price shall include all adjustments to the Base Price made pursuant to Section 3.3 prior to the date that such Market Adjusted Base Price is determined. If any adjustments to the Base Price made pursuant to Section 3.3 occur after the date on which the Market Adjusted Base Price is determined, but before the date on which the Market Adjusted Base Price becomes effective, such adjustments shall also be applied to the Market Adjusted Base Price as of the date on which the Market Adjusted Base Price becomes effective.
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Market Price Adjustments. In the event of a stock dividend, stock split or combination or other reduction in the number of issued and outstanding Brookdale shares, AIMCO shares and/or Prime Shares, as to such affected securities, any applicable Market Price per share specified in this Loan Agreement shall be proportionately and appropriately adjusted to reflect such dividend, split or combination or other reduction.
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Market Price Adjustments. 8 ARTICLE 2 --------- LOAN AND TERMS OF PAYMENT............................................................................... 8 2.1 Revolving Loan................................................................................. 8 2.1.1 Amount......................................................................................... 8 2.1.2 Procedure for Borrowing........................................................................ 8 2.2 Disbursement of Loan on Closing Date........................................................... 8 2.3 Interest....................................................................................... 9 2.3.1 Interest Rate.................................................................................. 9 2.3.2
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Market Price Adjustments. Circumstances may arise in which competition for a Product has increased causing price erosion. If Spectrum is not able to sell commercially reasonable quantities of a Product at a price mutually acceptable to both parties, then the parties will renegotiate the price for the Product consistent with the principle set forth in Section 9(c) above. When a new price is set then Xxxxxxx will credit Spectrum for the differential cost multiplied by the quantity of shelf stock that Spectrum and Spectrum's distribution channel customers own at the time of price revision. If the parties cannot agree upon a revised price for a Product, then either party may require that the revision of the price be submitted to non-binding arbitration. For this purpose, each party will appoint an arbitrator and the two shall appoint a third, neutral arbitrator. Each arbitrator must have substantial experience in the generic drug industry in the Territory. The arbitration process must be completed within 90 days after a party makes demand for such price arbitration. If, after such arbitration, the parties cannot agree upon a revised price, then Spectrum may cancel all open purchase orders for such Product, return unsold Product for full credit and have no further obligation for purchase of such Product.
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Market Price Adjustments. From time to time, AOL will be entitled to notify Vendor of a required adjustment to pricing for the Services in order to reflect changes in the relevant Market Price in any Service Area. "Market Price" means, in each Service Area, the lower of (a) the [**] offered to AOL by a vendor of dialup access services that are reasonably comparable to the Services, and (b) the [**] cost to AOL of provisioning dialup access services that are reasonably comparable to the Services, plus a markup of [**]. If AOL notifies Vendor of a lower Market Price in any Service Area then, AOL and Vendor will negotiate new prices for the Services, and Vendor will make its best efforts to meet the Market Price. Vendor will be entitled to confirm the Market Price within such [**] period pursuant to mutually agreed audit procedures set forth in this Term Sheet and/or the Agreement. In addition, in connection with a Market Price request, Vendor will meet the available bandwidth per port offered by the Market Price provider to AOL within [**] after AOL's notification. In case Vendor is unable to meet the Market Price then AOL shall have the right to terminate the this Term Sheet and/or the Agreement immediately upon notice to Vendor.
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Market Price Adjustments. In the event of a stock dividend, stock split or combination or other reduction in the number of issued and outstanding PGRT Shares, as to such affected securities, any applicable Market Price per share specified in this Loan Agreement shall be proportionately and appropriately adjusted to reflect such dividend, split or combination or other reduction.
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Market Price Adjustments. 7 ARTICLE 2
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Market Price Adjustments. 8 ARTICLE 2
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Related to Market Price Adjustments

  • Price Adjustments 8.5.1 Not more than once per calendar year, Lonza may adjust the Price in accordance with the [***] for the previous calendar year. The new Price reflecting such Batch Price adjustment shall be effective for any Batch for which the Commencement Date is on or after the date of Lonza’s notice to Customer of the Price adjustment.

  • Base Price Adjustments The base aircraft price (pursuant to Article 3 of the Agreement) of the Option Aircraft will be adjusted to Boeing's and the engine manufacturer's then-current prices as of the date of execution of the Option Aircraft Supplemental Agreement.

  • Conversion Price Adjustments The conversion price shall be subject to adjustment (without duplication) from time to time as follows:

  • Purchase Price Adjustments In case at any time and from time to time the Company shall issue any shares of Common Stock or Derivative Securities convertible or exercisable for shares of Common Stock (the number of shares so issued, or issuable upon conversion or exercise of such Derivative Securities, as applicable, being referred to as "Additional Shares of Common Stock") for consideration less than the then Market Price at the date of issuance of such shares of Common Stock or such Derivative Securities, in each such case the Conversion Price shall, concurrently with such issuance, be adjusted by multiplying the Conversion Price immediately prior to such event by a fraction: (i) the numerator of which shall be the number of shares of Common Stock outstanding immediately prior to the issuance of such Additional Shares of Common Stock plus the number of shares of Common Stock that the aggregate consideration received by the Company for the total number of such Additional Shares of Common Stock so issued would purchase at the Market Price and (ii) the denominator of which shall be the number of shares of Common Stock outstanding immediately prior to the issuance of Additional Shares of Common Stock plus the number of such Additional Shares of Common Stock so issued or sold.

  • Price Adjustment No adjustment in the per share Exercise Price shall be required unless such adjustment would require an increase or decrease in the Exercise Price of at least $0.01; provided, however, that any adjustments which by reason of this paragraph 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.

  • Exercise Price Adjustments The Exercise Price shall be subject to adjustment from time to time as follows:

  • Conversion Price Adjustment In the event the Company, shall, at any time following the issuance of the Series A-1 Preference Shares, issue additional Common Shares in a financing transaction the sole purpose of which is to raise capital, at a price per share less than the Conversion Price then in effect, then the Conversion Price upon each such issuance shall be reduced to a price equal to the consideration paid for such additional Common Shares.

  • Warrant Price Adjustment Except as otherwise provided herein, whenever the number of shares of Warrant Stock purchasable upon exercise of this Warrant is adjusted, as herein provided, the Warrant Price payable upon the exercise of this Warrant shall be adjusted to that price determined by multiplying the Warrant Price immediately prior to such adjustment by a fraction (i) the numerator of which shall be the number of shares of Warrant Stock purchasable upon exercise of this Warrant immediately prior to such adjustment, and (ii) the denominator of which shall be the number of shares of Warrant Stock purchasable upon exercise of this Warrant immediately thereafter.

  • Purchase Price Adjustment (a) Not later than five Business Days prior to the Closing Date, the Contributor Parties shall prepare in good faith and deliver to Acquiror a preliminary settlement statement (the “Estimated Adjustment Statement”) setting forth (i) an estimated combined balance sheet of the Compression Group Entities as of the Closing Date, which balance sheet will be prepared in accordance with GAAP, applied consistently with the Contributor Parties’ past practices (including its preparation of the Unaudited Financial Statements) (the “Estimated Closing Date Balance Sheet”) based on the most recent financial information of the Compression Group Entities reasonably available to the Contributor Parties and the Contributor Parties’ reasonable estimates with respect to the assets, liabilities and members’ equity of the Compression Group Entities as of the Closing Date, (ii) a calculation of the difference, if any, between the Net Working Capital shown on the Estimated Closing Date Balance Sheet (the “Estimated Net Working Capital”) and the Net Working Capital Threshold, (iii) a calculation of the Debt shown on the Estimated Closing Date Balance Sheet (the “Estimated Closing Date Debt”), (iv) a calculation of the Cash shown on the Estimated Closing Date Balance Sheet (the “Estimated Closing Date Cash Amount”) and (v) a calculation of the estimated Purchase Price Adjustment Amount. Acquiror shall have the right, following Acquiror’s receipt of the Estimated Adjustment Statement, to object thereto by delivering written notice to ETP, on behalf of the Contributor Parties, no later than two Business Days before the Closing Date. To the extent Acquiror timely objects to the Estimated Adjustment Statement (or any component thereof), Acquiror and ETP, on behalf of the Contributor Parties, shall enter into good faith negotiations and attempt to resolve any such objection; provided, however, that if Acquiror and ETP, on behalf of the Contributor Parties, are unable to resolve such objection prior to the Closing Date, then the Contributor Parties’ calculations as reflected in the Estimated Adjustment Statement shall control solely for purposes of the payments to be made at Closing. To the extent Acquiror and ETP, on behalf of the Contributor Parties, resolve any such objection prior to the Closing, then the Parties shall jointly agree on a revised Estimated Adjustment Statement that shall control solely for purposes of the payments to be made at the Closing. The estimated Purchase Price Adjustment Amount that controls for purposes of the payments to be made at the Closing is referred to herein as the “Estimated Purchase Price Adjustment Amount.”

  • Exercise Price Adjustment Whenever the number of Warrant Shares purchasable upon the exercise of the Warrant is adjusted, as herein provided, the Exercise Price payable upon the exercise of this Warrant shall be adjusted by multiplying such Exercise Price immediately prior to such adjustment by a fraction, of which the numerator shall be the number of Warrant Shares purchasable upon the exercise of the Warrant immediately prior to such adjustment, and of which the denominator shall be the number of Warrant Shares purchasable immediately thereafter.

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