MULTI-FUND AND MULTI-VEHICLE ADJUSTMENTS Sample Clauses

MULTI-FUND AND MULTI-VEHICLE ADJUSTMENTS. The payments to be made by, and distributions to be made to, certain Partners pursuant to Section 11.2 (a) and (b), and the adjustments to be made pursuant to Section 11.2(c) of the Institutional Fund Agreement, shall be adjusted by the General Partner if it determines in its discretion that such adjustment is necessary or appropriate to take into account (I) that investments held by the Partnership may, as of any Closing Date, be held by one or more of the Co-Investment Funds, and (II) closings of a Co-Investment Fund. Notwithstanding any other provision of this Agreement, investments held by the Partnership, and/or the other Co-Investment Funds, may be transferred among such entities (for a price equal to cost plus interest thereon at a rate per annum of the Prime Rate plus 200 basis points) to effectuate the purposes of this Section 11.2 and Section 11.2 of the Institutional Fund Agreement. After the payments, distributions and adjustments described in this Section 11.2(d) and in Section 11.2(c) of the Institutional Fund Agreement are taken into account, each investment in a Portfolio Company shall be held by the Partnership and any Co-Investment Fund in proportion to their respective capital commitments, including, without limitation, all capital committed to the Partnership or any such Co-Investment Fund, as the case may be, after the date on which such investment was made but prior to March 31, 2001.
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MULTI-FUND AND MULTI-VEHICLE ADJUSTMENTS. The payments to be made by, and distributions to be made to, certain Partners pursuant to Section 11.2 (a) and (b), and the adjustments to be made pursuant to Section 13.2 of the Institutional Fund Agreement, shall be adjusted by the General Partner if it determines in its discretion that such adjustment is necessary or appropriate to take into account (I) that investments held by the Partnership may, as of any Closing Date, be held by one or more Parallel Funds, (II) that a portion of each Limited Partner's Capital Commitment originally made to the Partnership may become a capital commitment to one or more Special Investment Vehicles, and (III) closings of a Parallel Fund. Investments held by the Partnership, Parallel Funds, and/or Special Investment Vehicles may be transferred among such entities to effectuate the purposes of this Section and Section 13.2 of the Institutional Fund Agreement. After the payments, distributions and adjustments described in this Section 11.3 and in Section 13.2 of the Institutional Fund Agreement are taken into account, each investment in a Portfolio Company shall be held by the Partnership and any Parallel Fund in proportion to their respective capital commitments, including, without limitation, all capital committed to the Partnership or any such Parallel Fund, as the case may be, after the date on which such investment was made, but only to the extent such capital commitments shall be applied to be invested in such Portfolio Company.
Sample 1
MULTI-FUND AND MULTI-VEHICLE ADJUSTMENTS. The payments to be made by, and distributions to be made to, certain Partners pursuant to Section 11.2 (a) and (b), and the adjustments to be made pursuant to Section 11.2(c) of the Institutional Fund Agreement, shall be adjusted by the General Partner if it determines in its discretion that such adjustment is necessary or appropriate to take into account (I) that investments held by the Partnership may, as of any Closing Date, be held by one or more of the Co-Investment Funds, (II) that a portion of each Limited Partner's Capital Commitment originally made to the Partnership may, at the time of the subsequent Closings, be a capital commitment to one or more Special Investment Vehicles, and (III) closings of a Co-Investment Fund. Notwithstanding any other provision of this Agreement, investments held by the Partnership, the other Co-Investment Funds, and/or Special Investment Vehicles may be transferred among such entities (for a price equal to cost plus interest thereon at a rate per annum of the Prime Rate plus 200 basis points) to effectuate the purposes of this Section 11.2 and Section 11.2 of the Institutional Fund Agreement. After the payments, distributions and adjustments described in this Section 11.2(d) and in Section 11.2(c) of the Institutional Fund Agreement are taken into account, each investment in a Portfolio Company shall be held by the Partnership and any Co- Investment Fund in proportion to their respective capital commitments, including, without limitation, all capital committed to the Partnership or any such Co-Investment Fund, as the case may be, after the date on which such investment was made but prior to March 31, 1999. M&M Capital Professionals Fund, L.P. Second Amended and Restated L.P. Agreement
Sample 1
MULTI-FUND AND MULTI-VEHICLE ADJUSTMENTS. Any payments to be made by, and the distributions to be made to, certain Partners pursuant to Section 11.2(a) and (b), and the equivalent provisions of the Institutional Fund Agreement, shall be adjusted as necessary to take into account (i) that investments held by the Partnership may, as of any Closing Date, be held by one or more of the Co-Investment Funds, (ii) that a portion of each Limited Partner's Capital Commitment originally made to the Partnership may, at the time of the subsequent Closings, be a capital commitment to one or more Special Investment Vehicles, and (iii) closings of a Co-Investment Fund. Notwithstanding any other provision of this Agreement, investments held by the Partnership, the other Co-Investment Funds, and/or Special Investment Vehicles may be transferred among such entities (for a price equal to cost plus interest thereon at a rate per annum of the Prime Rate plus 200 basis points) to effectuate the purposes of this Section 11.2 and the equivalent provisions of the Institutional Fund Agreement. After the payments, distributions and adjustments described in this Section 11.2(d) and the equivalent provisions of the Institutional Fund Agreement are taken into account, each investment in a Portfolio Company shall be held by the Partnership and any Co-Investment Fund in proportion to their respective capital commitments, including, without limitation, all capital committed to the Partnership or any such Co-Investment Fund, as the case may be, after the date on which such investment was made but prior to September 30, 2004.
Sample 1
MULTI-FUND AND MULTI-VEHICLE ADJUSTMENTS. Any payments to be made by, and the distributions and/or adjustments to be made to, certain Partners pursuant to Section 11.2 (a) and (b) and the equivalent provisions of the Institutional Fund Agreement shall be adjusted as necessary to take into account (i) that investments held by the Partnership may, as of any Closing Date, be held by one or more Parallel Funds,
Sample 1

Related to MULTI-FUND AND MULTI-VEHICLE ADJUSTMENTS

  • Adjustments to Capital Accounts At the end of each Fiscal Period, the Capital Accounts of the Partners shall be adjusted in the following manner:

  • Collection Practices; Escrow Deposits; Interest Rate Adjustments The origination, servicing and collection practices used by the Seller and the Interim Servicer with respect to the Mortgage Loan have been in all respects in compliance with Accepted Servicing Practices, applicable laws and regulations, and have been in all respects legal and proper. With respect to escrow deposits and Escrow Payments, all such payments are in the possession of, or under the control of, the Seller or the Interim Servicer and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments have been collected in full compliance with state and federal law and the provisions of the related Mortgage Note and Mortgage. An escrow of funds is not prohibited by applicable law and has been established in an amount sufficient to pay for every item that remains unpaid and has been assessed but is not yet due and payable. No escrow deposits or Escrow Payments or other charges or payments due the Seller have been capitalized under the Mortgage or the Mortgage Note. All Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage and Mortgage Note on the related Interest Rate Adjustment Date. If, pursuant to the terms of the Mortgage Note, another index was selected for determining the Mortgage Interest Rate, the same index was used with respect to each Mortgage Note which required a new index to be selected, and such selection did not conflict with the terms of the related Mortgage Note. The Seller or the Interim Servicer executed and delivered any and all notices required under applicable law and the terms of the related Mortgage Note and Mortgage regarding the Mortgage Interest Rate and the Monthly Payment adjustments. Any interest required to be paid pursuant to state, federal and local law has been properly paid and credited;

  • 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.

  • Interest Rate Adjustment The interest rate payable on the Notes shall be subject to adjustments from time to time if either Xxxxx’x Investors Service, Inc., or any successor thereto (“Moody’s”) or Standard & Poor’s Ratings Services, a division of XxXxxx-Xxxx, Inc., or any successor thereto (“S&P”) downgrades (or subsequently upgrades) the debt rating assigned to the Notes, as set forth below. If the rating from Moody’s of the Notes is decreased to a rating set forth in the immediately following table, the interest rate on the Notes shall increase from the interest rate payable on the Notes on the date of their issuance (the “Original Interest Rate”) by the percentage set forth opposite that rating: Rating Percentage Ba1 0.25 % Ba2 0.50 % Ba3 0.75 % B1 or below 1.00 % If the rating from S&P of the Notes is decreased to a rating set forth in the immediately following table, the interest rate on the Notes shall increase from the Original Interest Rate by the percentage set forth opposite that rating: Rating Percentage BB+ 0.25 % BB 0.50 % BB- 0.75 % B+ or below 1.00 % Notwithstanding the foregoing, if at any time the interest rate on the Notes has been adjusted upward and either Moody’s or S&P, as the case may be, subsequently increases its rating of the Notes to any of the threshold ratings set forth in the tables above, the interest rate on the Notes shall be decreased such that the interest rate for the Notes equals the Original Interest Rate plus the percentages set forth opposite the ratings from the tables above in effect immediately following the increase. If Moody’s subsequently increases its rating of the Notes to Baa3 or higher and S&P increases its rating to BBB- or higher the interest rate on the Notes shall be decreased to the Original Interest Rate. Each adjustment required by any decrease or increase in a rating set forth above, whether occasioned by the action of Moody’s or S&P, shall be made independent of any and all other adjustments. In no event shall (1) the interest rate for the Notes be reduced to below the Original Interest Rate or (2) the total increase in the interest rate on the Notes exceed 2.00% above the Original Interest Rate. If either Moody’s or S&P ceases to provide a rating of the Notes, any subsequent increase or decrease in the interest rate of the Notes necessitated by a reduction or increase in the rating by the agency continuing to provide the rating shall be twice the percentage set forth in the applicable table above. No adjustments in the interest rate of the Notes shall be made solely as a result of either Moody’s or S&P ceasing to provide a rating. If both Moody’s and S&P cease to provide a rating of the Notes, the interest rate on the Notes shall increase to, or remain at, as the case may be, 2.00% above the Original Interest Rate. Any interest rate increase or decrease described above shall take effect from the first day of the interest period during which a rating change requires an adjustment in the interest rate. The interest rate on the Notes shall permanently cease to be subject to any adjustment described above (notwithstanding any subsequent decrease in the ratings by either or both rating agencies) and, if applicable, shall be decreased to the Original Interest Rate, if the Notes become rated Baa2 and BBB or higher by Moody’s and S&P, respectively (or one of these ratings if only rated by one rating agency), with a stable or positive outlook by each of the rating agencies.

  • Performance Adjustment Rate Except as otherwise provided in sub-paragraph (e) of this paragraph 3, the Performance Adjustment Rate is 0.02% for each percentage point (the performance of the Portfolio and the Index each being calculated to the nearest .01%) that the Portfolio's investment performance for the performance period was better or worse than the record of the Index as then constituted. The maximum performance adjustment rate is 0.20%. For purposes of calculating the performance adjustment of the portfolio, the portfolio's investment performance will be based on the performance of the retail class. The performance period will commence with the first day of the first full month following the retail class's commencement of operations. During the first eleven months of the performance period for the retail class, there will be no performance adjustment. Starting with the twelfth month of the performance period, the performance adjustment will take effect. Following the twelfth month a new month will be added to the performance period until the performance period equals 36 months. Thereafter the performance period will consist of the current month plus the previous 35 months. The Portfolio's investment performance will be measured by comparing (i) the opening net asset value of one share of the retail class of the Portfolio on the first business day of the performance period with (ii) the closing net asset value of one share of the retail class of the Portfolio as of the last business day of such period. In computing the investment performance of the retail class of the Portfolio and the investment record of the Index, distributions of realized capital gains, the value of capital gains taxes per share paid or payable on undistributed realized long-term capital gains accumulated to the end of such period and dividends paid out of investment income on the part of the Portfolio, and all cash distributions of the securities included in the Index, will be treated as reinvested in accordance with Rule 205-1 or any other applicable rules under the Investment Advisers Act of 1940, as the same from time to time may be amended.

  • 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:

  • Equitable Adjustments If, between the date of this Agreement and the Closing, the outstanding shares of Company Common Stock, Company Preferred Stock or shares of Acquiror Common Stock shall have been changed into a different number of shares or a different class, by reason of any stock dividend, subdivision, reclassification, recapitalization, split, combination or exchange of shares, or any similar event shall have occurred, then any number, value (including dollar value) or amount contained herein which is based upon the number of shares of Company Common Stock, Company Preferred Stock or shares of Acquiror Common Stock will be appropriately adjusted to provide to the holders of Company Common Stock, Company Preferred Stock and the holders of Acquiror Common Stock the same economic effect as contemplated by this Agreement; provided, however, that this Section 3.02 shall not be construed to permit Acquiror, the Company, or Merger Sub to take any action with respect to their respective securities that is prohibited by the terms and conditions of this Agreement.

  • 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.

  • Interest Rate Adjustments With respect to each ARM Mortgage Loan, all Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage Note. Any interest required to be paid pursuant to state and local law has been properly paid and credited.

  • Successive Adjustments After an adjustment to the Conversion Rate under this Article 11, any subsequent event requiring an adjustment under this Article 11 shall cause an adjustment to the Conversion Rate as so adjusted.

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