Rebalancing. (a) If, on any date, any Applicable Lender gives written notice to the Calculation Agent, or the Calculation Agent otherwise becomes aware, that (i) any posting or release of Collateral did not occur on a ratable basis among the Applicable Lenders in accordance with their respective Ratable Shares of the amount and type of Collateral being posted or released (other than in connection with any distribution of Collateral in connection with an assignment pursuant to Section 10.06), (ii) or the Collateral is not held among the Applicable Lenders in accordance with their respective Ratable Shares (including with respect to the types of Collateral held by each Applicable Lender) for any other reason (other than as a result of a Lender exercising remedies in accordance with the Loan Documents) or (iii) Collateral needs to be distributed in connection with an assignment pursuant to Section 10.06, then on, or as promptly as practicable following, such date, the Calculation Agent shall notify the Applicable Lenders of such circumstances and, on, or as promptly as practicable following the date of such notice, the Applicable Lenders shall cause any transfers of Collateral from the Collateral Accounts that they control to Collateral Accounts controlled by other Applicable Lenders as may be necessary, as determined by the Calculation Agent, to ensure that the Collateral is held among the Applicable Lenders in accordance with their respective Ratable Shares (including with respect to the types of Collateral held by each Applicable Lender). Each Lender agrees to cooperate in good faith with the Calculation Agent and the Custodian to effect such rebalancing, including, for the avoidance of doubt, by submitting written instructions to the Custodian to effect such transfers. The Borrower hereby consents to, and to the extent necessary will cooperate in good faith with, such transfers. Notwithstanding anything to the contrary contained herein, no rebalancing shall be required to the extent the circumstances described in clause (i) or (ii) of this Section 2.14(a) result from (x) a Lender waiving amounts owing to it, whether principal, interest or otherwise, in accordance with Section 10.01(a) or (y) a Lender releasing all or any portion of the Collateral, other than in connection with Section 2.09 or pursuant to and in accordance with the terms of the other Loan Documents.
(b) Each of the Lenders and the Borrower hereby authorizes the Calculation Agent to deliver a Collateral...
Rebalancing. (a) As of the date hereof and prior to giving effect to this Section 12.21, the Outstanding Principal Amount of each Lender is set forth in Part I of Schedule 12.21. In connection with this Agreement, the parties hereto desire to reallocate the outstanding Advances hereunder such that, after giving effect thereto, each Lender Group’s share of outstanding Advances will equal the aggregate Pro Rata Share of the Commitments of the Committed Lenders in such Xxxxxx's Group. The Administrative Agent shall provide notice to each Lender which is required to fund any amount or receive any partial repayment in connection therewith.
(b) In connection with such rebalancing, each applicable assignor Managing Agent, on behalf of the Lenders in such assignor Managing Agent’s Lender Group, hereby irrevocably sells, transfers, conveys and assigns, without recourse, representation or warranty (except as set forth in clause (d) below), to each applicable assignee Managing Agent, and each assignee Managing Agent, on behalf of the Lenders in such assignee Managing Agent’s Lender Group, hereby irrevocably purchases from each applicable assignor Managing Agent, on behalf of the Lenders in such applicable assignor Managing Agent’s Lender Group, the rights and obligations of the applicable assignor Managing Agent and the Lenders in such applicable assignor Managing Agent’s Lender Group under this Agreement and each other Related Document in respect of the Outstanding Principal Amount attributable to the Lenders in such applicable assignor Managing Agent’s Lender Group such that, after giving effect to the foregoing assignments and delegations, the Outstanding Principal Amount attributable to the Lenders in each Managing Agent’s Lender Group for purposes of this Agreement and each other Related Document shall be as set forth in Part II of Schedule 12.21.
(c) Each applicable Lender shall make available to the Administrative Agent the amount of funds required to be funded by such Lender in connection with clause (b) above in same day funds by wire transfer to the Agent Account. Promptly following receipt thereof, the Administrative Agent will remit to any applicable Lender its applicable portion of such amount. In connection with this clause (c) the provisions of Section 2.03(c) shall apply. Each of the Lenders hereby acknowledges and agrees that for administrative convenience, the Administrative Agent may net amounts payable to the Lenders under the Fee Letter on the date hereof wit...
Rebalancing. Monthly, and at times intra-month, as Third Point may deem necessary in its sole discretion, Third Point will execute rebalancing trades (based on monthly performance and cash inflows and outflows) to maintain to the extent practicable parity in the portfolio composition of the Joint Venture and the Managed Accounts, taking into account various factors including account leverage, investment restrictions and tax considerations. If withdrawals or contributions result in a disparity between the portfolio composition of the Joint Venture and one or more Managed Accounts which Third Point, in its sole discretion, believes should be rectified, and/or if Third Point determines that a change in the leverage of Third Point Ultra Ltd. (“Ultra”) is appropriate (such change may result in changes to the Joint Venture's portfolio composition, since Ultra is generally managed on a parallel, pro rata basis with the Joint Venture and the other Third Point Funds, with the difference that Ultra is typically more levered than the other Third Point Funds), then Third Point may, in its sole discretion, seek to achieve such parity through rebalancing or through the purchase or sale of securities on the open market. In order to effect a rebalancing, Third Point will purchase or sell securities or other investments for the Joint Venture while at the same time Third Point is selling or purchasing the same investments for one or more of the Managed Accounts. Transactions between the Joint Venture and the Managed Accounts shall be for cash consideration at (i) the current market price of the particular securities if effected on the open market or (ii) the close of business market price for the particular securities on the day of the transaction if not effected on the open market. Principal trades will be effected by Third Point in compliance with the Investment Advisers Act of 1940, as amended. Every principal trade shall require the prior written consent of the Disinterested Board Members. Prior to obtaining such consent, Third Point shall provide the Disinterested Board Members with information providing: (i) the rationale for the principal trade and why it believes it is in the best interest of the Joint Venture; (ii) its determination that the trade is consistent with Third Point’s duty to seek best execution; and (iii) that the valuation procedures described in this Agreement are followed in determining the appropriate price at which to effect the transaction. Special Arrangemen...
Rebalancing. Once each quarter, we will rebalance your account value so that the portion of account value invested in each subaccount will conform to the proportion prescribed by the AAP you selected. Can we change an AAP? No. Once we establish an AAP, we will not change the subaccounts or the allocations of that AAP. Can you change to a different AAP? Yes. You may change to another AAP once every three policy years. If you change to a different AAP, we will redetermine your guaranteed plan of insurance and adjust your policy if necessary. The redetermined plan may not be as strong as originally provided. However, it will always be stronger than if you had not chosen to participate in an Acceptable Allocation Program. When we process your change request, we will reallocate the existing account value to the new AAP according to the allocation percentages that apply to that AAP. All future transactions will use the new AAP allocation percentages. Is there a premium for this agreement? No. If this agreement is terminated, how will the policy be affected? If you terminate this agreement, we will adjust your policy. The face amount and premium of the policy will remain unchanged, but the resulting plan of insurance may be different as a result of the policy adjustment. All policy adjustment limitations listed in the policy are applicable to this policy adjustment. When does this agreement terminate? This agreement will terminate on the earliest of:
(1) the date this policy is surrendered or terminated; or (2) the date we receive your written request to cancel this agreement.
Rebalancing. The Products and the proportions in which they are held in Client’s Account may be rebalanced in Betterment’s discretion to resemble the information and preferences specified by Client in the Interface or in the event of any changes to the IPS, including but not limited to any changes in the Products selected by Betterment. In the event a Client’s portfolio is identified as having drifted by 3% or more and cash flows are not sufficient to enable Betterment to reduce the portfolio drift, Betterment will typically rebalance a Client’s portfolio by selling and buying Products within the Account, provided that rebalancing will not result in short-term capital gains for a Client. Client understands and agrees that such transactions may affect the market value of the Account, and may also have tax consequences. Client may instruct Betterment to only rebalance Client’s Account in response to cash flows by contacting Betterment’s customer support team. Donating Shares. Betterment provides Client the opportunity to donate appreciated shares with long-term capital gains from Client’s Betterment Account to a select number of charitable organizations. If Client chooses to use Betterment’s charitable giving feature, Client acknowledges and agrees that Betterment shall provide Client’s name and email address to the recipient charity, which the recipient charity may use to solicit further donations from Client.
Rebalancing. APS will monitor the model portfolio used in connection with your Program account daily. When market conditions cause your assets to deviate over time from the model portfolio used to manage your Program account and such deviation becomes materially significant (as determined by APS), then your Program account will be rebalanced to align it with the model portfolio. Program accounts with values that drop below the $5,000 minimum may not be able to achieve optimal rebalancing because a rebalance may mean that the Program account should hold certain securities that it cannot hold as a result of such lack of funds.
Rebalancing. How the rebalancing algorithm works:
Rebalancing. It is the objective of Operator to maximize the utility of the Program and the customer experience at all times, but particularly during the hours between 6:00 AM and 10:00 PM (“Peak Hours”), in a cost effective manner. Maximizing utility requires that Operator take affirmative steps to address severe imbalances in the demand for and supply of available Bicycles and empty Operable Docks during Peak Hours, which imbalances typically arise from patterns in demand and usage in which Bicycles typically travel in one direction. Operator’s objective is to minimize instances, and minimize the duration of those instances, in a cost effective manner, when the demand for an empty Operable Dock or an available Bicycle at a Station is not met by the available supply at that Station. Achieving this objective is a multistep and collaborative process requiring the involvement, cooperation and flexibility on the part of Operator, MTC and the Participating Cities. To achieve this objective, during the period commencing upon the completion of Phase I and ending 6 months after the completion of Phase V (the “Assessment Period”), the parties will (i) observe demand and use patterns as the Program is being implemented to identify the times and locations that a shortage of empty Operable Docks and/or a shortage of available Bicycles arises and the extent of the shortages at those time and locations; and (ii) assess alternative approaches to alleviating outages, including, by way of example, by (A) enlarging existing Stations or adding new Stations in areas in which there is a shortage, (B) finding and utilizing storage areas located near Stations that experience Bicycle shortages so that additional Bicycles can be deployed quickly, (C) prioritizing Stations by demand and time of demand so that Operator may, at any particular time, focus more attention on those Stations with the highest demand at that time and less attention on those Stations with weaker demand at that time and have greater flexibility to address those Stations with weaker demand, and (D) identifying the optimal time of day for Operator to transport Bicycles from areas in which there is a shortage of empty Operable Docks to areas in which there is a shortage of Bicycles, which optimality will take into account when it is most efficient for Operator to transport the Bicycles in order to meet the anticipated demand at the transferee Stations. As the parties are developing approaches to alleviating outages during t...
Rebalancing. TAM will review the composition of each Asset Allocation Model no less frequently than each calendar quarter. If TAM, in its sole discretion, determines that any changes should be made, each Client will be notified twenty-one (21) days in advance of any such changes to his/her Asset Allocation Model and, unless such Client instructs TAM otherwise, either in writing or by telephone authorization by a specified date (generally between three and five business days before the end of the calendar quarter), such Client’s contract value will be automatically rebalanced in accordance with the revised composition of the applicable Asset Allocation Model. If such Client instructs TAM not to make the change, or any portion thereof, such Client will be withdrawn from the Asset Allocation Program.
Rebalancing. The Products and the proportions in which they are held in Client’s Account may be rebalanced in Betterment’s discretion to resemble the information and preferences specified by Client in the Interface or in the event of any changes to the IPS,
