Minimum Target Adjustments Sample Clauses

Minimum Target Adjustments. For purposes of calculating Operating Earnings, or Cumulative Operating Earnings, as the case may be, in the event that AmeriPath intentionally (and without the consent of the Sellers) terminates, or fails to negotiate in good faith and allows to expire, any profitable SLA hospital or medical facility Contract in Lee, Charlotte, Collxxx xx Sarasota Counties, Florida (the "SLA Territory"), and AmeriPath does not replace that Contract with a Contract of substantially similar or greater value within 60 days, or if AmeriPath benefits from a contract amendment affecting its operations outside of the Southwest Florida Division in return for an unfavorable amendment to a contract in the SLA Territory, the Minimum Targets (but not the Appropriate Principal Amounts) shall be reduced to reflect the lost earnings from such Contract; and should AmeriPath assign a hospital Contract existing between AmeriPath or an AmeriPath Affiliate and a facility as of the Closing Date within the SLA Territory to the Southwest Florida Division, the Minimum Targets shall be increased to reflect additional earnings from the new Contract to neutralize the effect of such termination, expiration, amendment or assignment. The Minimum Targets may also be adjusted as set forth in Section 1.2(d) below. Notwithstanding or in any way limiting the definition set forth above in Section 1.2(b)(i), the income attributable to SLA for purposes of computing Operating Earnings and Cumulative Operating Earnings shall include all revenues derived from services performed or originated within the SLA Territory, other than revenues derived from AmeriPath accounts (the "Existing AmeriPath Accounts") existing on the Closing Date (which accounts are all listed on Schedule 1.2(b)(i)), and the hospital contracts held by the Other Practice (as defined in Section 1.2(b)(v) below) on the Closing Date, provided that services performed on such Existing AmeriPath Accounts or hospital contracts are not performed by the SLA-Based Employees. If services are performed on Existing Ameripath Accounts by SLA-Based Employees, revenue from such service shall be attributed to the Southwest Florida Division. Costs, charges and expenses associated with revenues attributable to the Southwest Florida Division, including inter-company charges for the technical/processing fee, if the originating work is not processed by the Southwest Florida Division, at the best available price, shall also be attributed to SLA. For purposes hereof, ...
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Related to Minimum Target Adjustments

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • Minimum Adjustment The adjustments required by the preceding sections of this Article IV shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that no adjustment of the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants that would otherwise be required shall be made unless and until such adjustment either by itself or with other adjustments not previously made increases or decreases by at least 1% the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount shall be carried forward and made as soon as such adjustment, together with other adjustments required by this Article IV and not previously made, would result in a minimum adjustment. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence. In computing adjustments under this Article IV, fractional interests in Common Stock shall be taken into account to the nearest one-hundredth of a share.

  • Year-End Adjustment If necessary, on or before the last day of the first month of each fiscal year, an adjustment payment shall be made by the appropriate party in order that the amount of the investment advisory fees waived or reduced and other payments remitted by the Adviser to the Fund or Funds with respect to the previous fiscal year shall equal the Excess Amount.

  • Rounding of Calculations; Minimum Adjustments All calculations under this Section 13 shall be made to the nearest one-tenth (1/10th) of a cent or to the nearest one- hundredth (1/100th) of a share, as the case may be. Any provision of this Section 13 to the contrary notwithstanding, no adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable shall be made if the amount of such adjustment would be less than $0.01 or one-tenth (1/10th) of a share of Common Stock, but any such amount shall be carried forward and an adjustment with respect thereto shall be made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate $0.01 or 1/10th of a share of Common Stock, or more.

  • Royalty Adjustments The following adjustments shall be made, on a Licensed Product-by-Licensed Product and country-by-country basis, to the royalties payable pursuant to this Section 5.5:

  • Cost Adjustments Both parties agree that contracted prices shall be fixed for the first 12 months of this Contract. Contractor must submit to District any proposed cost adjustments at least 60 days before the proposed effective date of such increases with a detailed explanation for each adjustment. District alone reserves the right to reject any changes to this Contract it deems unacceptable.

  • 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.

  • Non pre-priced Adjustment Factor To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.1900.

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following:

  • Subsequent Adjustments In the event that the Assuming Institution or the Receiver discovers any errors or omissions as contemplated by Section 8.2 or any error with respect to the payment made under Section 8.3 after the Settlement Date, the Assuming Institution and the Receiver agree to promptly correct any such errors or omissions, make any payments and effect any transfers or assumptions as may be necessary to reflect any such correction plus interest as provided in Section 8.4.

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