Special Adjustment. Notwithstanding anything to the contrary that may be contained herein, if at any time on or after the date hereof, the Holder has pursuant to the Notes converted in excess of $1,500,000 of principal amount of such Notes on account of the Company having delivered a "Company Conversion Notice" pursuant to such Note, then upon each such conversion in excess of $1,500,000 (a "Subsequent Conversion") the Exercise Price shall be reduced (but not increased) to 110% of the Conversion Price in effect for each such Subsequent Conversion.
Special Adjustment. If the Company takes any actions (including under ------------------ or by virtue of this Article VIII) which would have a dilutive effect on the Holder (including by virtue of the issuance of securities at less than fair market value) or which would materially and adversely affect the Holder with respect to its investment in the Series B Preferred Stock, and if the provisions of this Article VIII are not strictly applicable to such actions or, if applicable to such actions, would not operate to equitably protect the Holder against such actions, then the Company shall promptly upon notice from a Holder appoint its independent certified public accountants to determine as promptly as practicable an appropriate adjustment to the terms hereof, including without limitation adjustments to the Conversion Price, or another appropriate action to so equitably protect such Holder and prevent any such dilution and any such material adverse effect, as the case may be. Following such determination, the Company shall forthwith make the adjustments or take the other actions described therein.
Special Adjustment. In the event that the Corporation does not complete the acquisition of certain assets of Jupiter Media Metrix, Inc. (or any successor or affiliate thereof) (“JMXI”) by August 1, 2002 for the price of approximately $2 million (less any adjustments as provided in the asset purchase agreement to be entered into between the Corporation and JMXI, but in no event less than $1.25 million), then there shall be adjustments to the respective Conversion Price of the Series A Preferred to $0.94, the Series B Preferred to $3.01, the Series C Preferred to $1.77, the Series C-1 Preferred to $1.38 and the Series D Preferred to $0.83, respectively.
Special Adjustment. If, as of November 16, 2005, the Company purchased less than 1,500,000 Tendered Shares, as such term is defined in the Purchase Agreement (the "MAXIMUM TENDERED SHARES"), then this Warrant shall evidence the right to receive an additional number of shares of Common Stock (subject to adjustment as provided herein ab initio) computed using the following formula: AS equals the additional number of shares of Common Stock for which this Warrant will be exercisable MTS equals the number of Maximum Tendered Shares less the aggregate number of Tendered Shares actually purchased by the Company as of November 16, 2005 A equals 0.97284
Special Adjustment. If during the period beginning January 1, 2012 and ending on December 31, 2013, both *************************** then, at Sanofi’s option, which must be exercised by written notice to Regeneron no later than *************, the Maximum Annual Discovery Program Costs set forth in Section 4.1 shall be reduced to US$120,000,000 for each of Contract Years 7, 8, 9, and 10 (the “Special Adjustment”). Notwithstanding the foregoing, ****************************** against which Lead Candidates have been developed under the Discovery Program prior to such exclusion, and Regeneron files IND(s) for Excluded Candidate(s) against such Excluded Target(s), then each such IND filing shall be considered the submission of a Sanofi Opt-In Report for a Product Candidate solely for purposes of determining whether *************************. If Sanofi exercises its option for the Special Adjustment following the occurrence of the conditions set forth above, then Regeneron shall have the right (the “Catch Up Right”), in its sole discretion, to fund up to US$40,000,000 of Discovery Program Costs on its own for each of the remaining Contract Years through the Discovery Expiration Date (the actual aggregate amount of such Discovery Program Costs funded by Regeneron on its own during Contract Years 7, 8, 9, and 10 being referred to as the “Catch-Up Amount”). Regeneron shall have sixty (60) days from the date of the Special Adjustment to exercise the Catch Up Right and shall notify Sanofi promptly in writing of such exercise. Regeneron shall provide Sanofi within sixty (60) days of the beginning of each subsequent Contract Year with a written report setting forth in reasonable detail the calculation of the Catch-Up Amount. If Regeneron exercises this Catch Up Right, then********************************* then Sanofi shall be required to make a payment to Regeneron equal to the Catch-Up Amount within forty-five (45) days after receipt of a written report setting forth in reasonable detail the calculation of the Catch-Up Amount. Effective upon the occurrence of the Special Adjustment, unless Regeneron exercises the Catch Up Right, the annual Collaboration Objectives shall be adjusted as follows: ***********************.
Special Adjustment. Effective June 25, 2023, salaries shall be increased by five percent (5%) as a special salary adjustment.
Special Adjustment. The City Manager may authorize salary adjustments up to ten (10) percent per fiscal year within the assigned salary range for the following reasons:
Special Adjustment. Effective January 1, 2021 3% wage increase Effective June 1, 2021 $0.25 special adjustment Effective January 1, 2022 3% wage increase Classifications Current Wage Rate Jan. 1, 2020 3% increase June 1, 2020 $0.25 special adjustment Jan. 1, 2021 3% increase June 1, 2021 $0.25 special adjustment January 1, 2022 3% increase Tool & Die Maker $31.48 $32.42 $32.67 $33.65 $33.90 $34.92 Electrician $31.48 $32.42 $32.67 $33.65 $33.90 $34.92 Millwright $31.48 $32.42 $32.67 $33.65 $33.90 $34.92 Lead hands The Company may pay a premium of up to thirty cents ($0.30) per hour for various Lead Hands, if required. Lead Hand positions shall be job posted and such Lead Hands shall have no rights over and above other employees including preferential seniority or overtime opportunities. Lead Hands shall be subject to all terms of this Collective Agreement and shall not be involved in the hiring, separation or disciplinary procedures of the Company. APPENDIX “B” Supplementary Agreement - Skilled Trades 1. (a) Skilled Trades for the purpose of this Appendix will be as listed in Exhibit “A”;
Special Adjustment. In the event that Holder irrevocably elects to treat the consideration received by Holder in connection with the Purchase Agreement as being taxable as ordinary income and provides sufficient evidence to the Company that Holder has so taken such position, including providing any applicable tax returns and such additional information as the Company shall reasonably request, the maximum number of shares of Common Stock of the Company issuable upon exercise hereof shall be increased by 32,000 shares of Common Stock, subject to the application of any other adjustments pursuant to this Section 6.
Special Adjustment. If the Company takes any actions (including ------------------ under or by virtue of this Section 4) which would have a dilutive effect on the Holder or which would materially and adversely affect the Holder with respect to its investment in this Warrant, and if the provisions of this Section 4 are not strictly applicable to such actions or, if applicable to such actions, would not operate to equitably protect the Holder against such actions, then the Company shall promptly upon notice from a Holder appoint its independent certified public accountants to determine as promptly as practicable an appropriate adjustment to the terms hereof, including without limitation adjustments to the Exercise Price, or another appropriate action to so equitably protect such Holder and prevent any such dilution and any such material adverse effect, as the case may be. Following such determination, the Company shall forthwith make the adjustments or take the other actions described therein.
