Readjustment. A/ At the end of each semester, the amount to be invoiced for each of the shipments made during that semester, shall be readjusted according to the moisture content and to the dry basis BPL concentration shown by the corresponding analysis as reached in pursuance of Article 4 above. Such readjustment shall be used as a basis for a debit or a credit note to be sent by the Seller to the Buyer.
B/ In case of dispute over Feral content of a cargo, the Seller shall request the arbitration laboratory to perform on analysis of the element in question on one of the samples drawn during the loading operations. Should the arbitration analysis establish that Feral content, at the departure from the loading port, is higher than 1.5%, the final dry basis BPL content as reached for the price variation shall be diminished by two BPL points per cent for each point of Feral in excess of 1.5% and proportionately for fractions.
C/ Readjustment shall in no case be accepted as a justification for delay in payment of invoices and debit notes related to the delivery.
Readjustment. Upon the termination of any right of conversion or exchange of any securities convertible into or exchangeable for Common Stock, or upon the expiration of any rights or options to purchase Common Stock (other than this Warrant) or any securities convertible into or exchangeable for Common Stock, or upon any change in the number of shares of Common Stock issuable upon exercise, conversion or exchange of any such securities, rights or options, the Underlying Shares then in effect shall forthwith be readjusted to such Underlying Shares as would have been in effect had the adjustments made upon the issuance or sale of such securities, rights or options been made upon the basis of the issuance of only the number of shares of Common Stock actually issued or to be issued upon the exercise, conversion or exchange or such securities, rights or options.
Readjustment. At the end of the primary term and at the end of each period of five (5) years thereafter (“Readjustment Period”), Lessor may exercise its option to readjust the terms and conditions of this Lease (including without limitation rental rates, minimum royalties, royalty rates and valuation methods, and provisions concerning reclamation). Notice of intent to exercise the right to readjust is timely given by Lessor if mailed prior to the end of the Readjustment Period to the last address set forth for Lessee in Lessor’s files. Lessor shall have up to one year after exercising its option to readjust to review and communicate in writing the final readjusted terms of the lease. If within thirty (30) days after submission of the readjusted lease terms to the Lessee, the Lessee determines that any or all of the proposed readjusted terms and conditions are unreasonable, then Lessee shall so notify Lessor in writing and the parties, acting reasonably, shall attempt to resolve the objectionable term or condition. If the parties are unable, acting reasonably, to resolve the matter and agree upon the readjusted terms and conditions as submitted by Lessor at the end of the Readjustment Period, Lessee shall forfeit any right to the continued extension of this lease, and the lease shall automatically terminate, provided that nothing herein shall be deemed to preclude Lessee from appealing any readjustment by Lessor pursuant to applicable law.
Readjustment. At the end of the primary term and at the end of each period of ten (10) years thereafter, Lessor may readjust the terms and conditions of this Lease (including without limitation rental rates, minimum royalties, royalty rates and valuation methods, and provisions concerning reclamation). In the event that the State as Lessor makes such readjustment prior to reversion, it shall not apply terms and conditions more economically disadvantageous than corresponding federal regulations and lease terms unless, based upon written findings after consultation with Lessee, it determines that the individual term or condition imposing the economic disadvantage is necessary to serve the best interests of the beneficiaries of the subject trust lands. If within thirty (30) days after submission of the readjusted lease terms to the Lessee, the Lessee determines that any or all of the proposed readjusted terms and conditions arc unacceptable, then Lessee shall so notify Lessor in writing and the parties shall attempt to resolve the objectionable term or condition. If the parties are unable to resolve the matter and agree upon the readjusted terms and conditions submitted by Lessor at the end of such ten (10) year period, Lessee shall forfeit any right to the continued extension of this lease, and the lease shall automatically terminate, provided that nothing herein shall be deemed to preclude Lessee from appealing any readjustment by Lessor pursuant to applicable law.
Readjustment. (i) If any option or right, the issuance of which resulted in an adjustment under paragraph (e) above, expires without having been exercised prior to the exercise by the Holder of its rights hereunder, the number of shares of Common Stock then issuable hereunder shall then be readjusted to such lesser number as would have been issuable had the option or right never been issued.
(ii) If any right to convert or exchange any Common Stock Equivalent, the issuance of which resulted in an adjustment hereunder, expires without having been exercised prior to the exercise by Holder of its rights hereunder, the number of shares of Common Stock then issuable hereunder shall then be readjusted to such lesser number as would have been issuable had the Common Stock Equivalent never been issued.
(iii) If any right to convert, exercise or exchange any Common Stock Equivalent, the issuance of which resulted in an adjustment hereunder, provides by its terms for the issuance of a variable number of shares of Common Stock or a variable per share price (a "Variable Security"), then the maximum number of shares of Common Stock issuable under such Variable Security (including without limitation any additional shares that may be issued pursuant to any employment agreement or other document with respect thereto) shall be used for the calculation of Common Stock Deemed Outstanding, and the minimum per share price shall be used to determine whether such transaction requires an adjustment hereunder. In the event that the number of shares of Common Stock issuable under the Variable Security decreases (other than through partial conversion, exchange or exercise) or the per share price increases, the number of shares of Common Stock then issuable hereunder shall be readjusted, as of the date of the original adjustment, to reflect such decrease or increase.
Readjustment. If an adjustment is made under Section 3.1 and the event to which the adjustment relates does not occur or is rescinded, then any adjustments in the Exercise Price or the number of Warrant Shares that were made in accordance with such section shall be adjusted back to the Exercise Price and the number of Warrant Shares that were in effect immediately before the date of or record date for such event.
Readjustment. On the expiration or termination of any Option not exercised in full or of any right to convert or exchange under any Convertible Securities not exercised in full, the Warrant Price then in effect shall forthwith be increased to the Warrant Price which would have been in effect at the time of such expiration had such Option or Convertible Securities been, when originally issued, exercisable or convertible only for the shares of Common Stock actually issued upon exercise or conversion of such Option or Convertible Securities, if any. No readjustment of the Warrant Price pursuant to this section 3.4 shall (i) increase the Warrant Price by an amount in excess of the adjustment originally made to the Exercise Price in respect of the issue, sale or grant of the applicable Option or Convertible Securities or (ii) require any adjustment to the amount paid or number of Shares received upon any exercise of this Warrant prior to the date upon which such readjustment to the Warrant Price shall occur.
Readjustment. All losses incurred shall be readjusted as from the date on which they are considered reimbursable until the date of the actual reimbursement in accordance with the variation set at the Brazilian Special Clearance and Escrow System - Sistema Especial de Liquidação e Custodia - SELIC, calculated pro rata temporis.
Readjustment. The portion of the Deposit relating to CAM, taxes and insurance for the Pending Initial Tenants and the Vacant Space is an estimate only. Such amounts shall be promptly readjusted between Seller and Purchaser at the earliest time at which Purchaser readjusts CAM, taxes and insurance with any tenants at the Property.
Readjustment. If the final cost or amount of an item that is to be adjusted cannot be determined at Closing, then an initial adjustment for such item shall be made at Closing, such amount to be estimated by the Parties, acting reasonably, as of the Closing Date on the basis of the best evidence available at the Closing as to what the final cost or amount of such item will be. In each case, when such cost or amount is determined, the Vendor or Purchaser, as the case may be, shall, within 30 days of determination, provide a complete statement thereof to the other and within 30 days thereafter the Parties shall make a final adjustment as of the Closing Date for the item in question. All readjustments shall be requested in a detailed manner on or before one year following the Closing Date, after which time neither party shall have any right to request readjustments.
