Value Adjustment Sample Clauses

Value Adjustment. The Borrower and the Banks have agreed to a one-time market value adjustment increase in the amount of $63,500,000.00 to the value of the assets of the Borrower as of the date of this Agreement, and the financial covenants set forth in Section 9.1, Section 9.4, Section 9.5 and Section 9.9 (including without limitation the Borrower's Consolidated Tangible Net Worth and the value of the Borrower's Consolidated Total Assets) shall for the term of this Agreement be tested against the market value of the Borrower's assets, based on such one-time market value adjustment, plus all real estate depreciation to such assets since the date of the Borrower's initial public offering.
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Value Adjustment. If the fair market value of the property described in Section 3.1(a)(i)(x) and (y) of the Distribution Agreement (the "XY Property") is
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Value Adjustment. 60 Section 9.8. Annualization of Results. . . . . . . . . . . . . . 60
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Value Adjustment. The Borrower and the Banks have agreed to a one-time market value adjustment to the Asset Value of each parcel of Real Estate as contained in SCHEDULE 3 attached hereto and by this reference incorporated herein, and the financial covenants set forth in Section 9.1, Section 9.4, Section 9.5 and Section 9.6 shall for the term of this Agreement be tested against the market value of each such parcel of Real Estate, based on such one-time market value adjustment. As so adjusted, the Asset Value of the Initial Unencumbered Operating Properties is $197,452,161.00 and the Asset Value of the Real Estate is $350,780,715.00. Within thirty (30) days of the Closing Date, the Borrower shall provide the Agent with a schedule listing the book value of each parcel of Real Estate.
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Value Adjustment. 54- ---------------- Section 9.10. CBHS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -55- ---- Section 9.11. Unencumbered Operating Properties. . . . . . . . . . . . . . . . . . . . . . . . -55- ---------------------------------
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Value Adjustment. (1) If, on one Banking Day, the aggregate loan amount of one of the parties falls short of the aggregate loan amount of the other party, then the former party shall at any time be entitled to require a value adjustment. The value adjustment shall be calculated as the difference between the aggregate loan amounts, and shall be paid if the minimum amount specified in no. 11 para. 7 has been reached. (2) The aggregate loan amount of a party shall be calculated as: (a) the aggregate of the Market Values calculated I accordance with no. 11 para. 2 of all Loaned Securities delivered to it by the other party under Transactions which have not yet been completed, taking into consideration any premiums which may have been agreed for the relevant Transaction to compensate for any price increases of the Loaned Securities, and (b) the value of any assets received under a previous value adjustment which the party has not yet restored; in case of payments, the value shall be calculated as the nominal amount plus accrued interest. (3) Value adjustment must be made before the end of the first Banking Day following receipt of the notification. The value adjustment shall be done by delivery of assets on which the parties shall agree. The party under an obligation to deliver the value adjustment shall first use any assets received under previous value adjustment which it has not yet restored. If there is no explicit agreement on the type of assets to be delivered, the delivery of bonds of the Federal Republic of Germany denominated in Euro is deemed to have been agreed. (4) The assets paid or delivered in the framework of value adjustments can be substituted, either as a whole or in part, without the consent of the other party by money in Euro or bonds of the Federal Republic of Germany denominated in Euro. The substitution shall be made one Banking Day after receipt of a respective notification in return for the retransfer of the assets to be substituted. Taxes, fees or costs which arise in connection with the substitution shall be borne by the substituting party. (5) The provision of this Master Agreement concerning the Loaned Securities shall apply accordingly to securities which are delivered for the purpose of value adjustment, with the exception of no. 5, no. 7 paras. 1-3 and no. 8.
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Value Adjustment. 56- Section 9.8. ANNUALIZATION OF RESULTS.........................-57-
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Value Adjustment. The Borrower and the Banks have agreed to a one-time market value adjustment to the Asset Value of each parcel of Real Estate as contained in SCHEDULE 3 attached hereto and by this reference incorporated herein, and the financial covenants set forth in -Section-9.1, -Section-9.4, -Section-9.5 and -Section-9.6 shall for the term of this Agreement be tested against the market value of each such parcel of Real Estate, based on such one-time market value adjustment. As so adjusted, the Asset Value of the Initial Unencumbered Operating Properties is $110,689,687.00, and the Asset Value of the Real Estate is $269,416,009.00. Within thirty (30) days of the Closing Date, the Borrower shall provide the Agent with a schedule listing the book value of each parcel of Real Estate.
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Related to Value Adjustment

  • Market Value Adjustment Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

  • Fee Adjustment Fees as provided in this Agreement to be charged to residents of Joplin and the City pursuant to this Agreement may be adjusted based upon the AARC's change in costs subsequent to the previous adjustment. Any individual fee increases will be adjusted only to the extent of an increase in the Consumer Price Index (St. Louis -All Urban Consumers), utilizing the December 12 month period index from the previous year. If a fee increase request is in excess of the Consumer Price Index the city may request to review data on actual costs of each service if needed to document cost increases. In the event an adjustment to documented cost is warranted, AARC shall provide written notice thereof with supporting documentation, by no later than May 1 of each year. All increases shall be subject to annual appropriation by the Joplin City Council. City shall have thirty (30) days to review and request additional supporting documentation. In the event the parties are unable to agree to the cost adjustment, either party shall be entitled to terminate this Agreement as provided herein.

  • Share Adjustments If the Company's outstanding shares of Common Stock are increased or decreased or changed into or exchanged for a different number or kind of shares or other securities of the Company by reason of any recapitalization, reclassification, stock split, combination of shares, stock dividend, or transaction having similar effect, the Board shall proportionately and appropriately adjust the number and kind of shares that are subject to this Option and the Exercise Price Per Share, without any change in the aggregate price to be paid therefor upon exercise of this Option.

  • Fee Adjustments The fixed fees and other fees expressed as stated dollar amounts in this Schedule C and in this Agreement are subject to annual increases, commencing on the one-year anniversary date of the date of this Agreement, in an amount equal to the percentage increase in consumer prices for services as measured by the United States Consumer Price Index entitled “All Services Less Rent of Shelter,” or a similar index should such index no longer be published, since such one-year anniversary or since the date of the last fee increase, as applicable.

  • Price Adjustment Civil works contracts of long duration (more than 18 months) shall contain an appropriate price adjustment clause.

  • CPI Adjustment At the end of the first Lease year (as hereinafter defined) and every Lease year thereafter (including any renewal periods) the Base Rental provided for in Paragraph 3 above shall be adjusted by adding to Base Rental the "Add-on Factor". The one (1) year periods are each hereinafter referred to as an "Adjustment Period". As used herein, the "Add- on Factor" shall mean the "Add-on Sum" minus "Net Base Rental"; "Add-on Sum" shall mean a sum determined by multiplying the "Net Base Rental" by the "Adjustment Factor"; "Net Base Rental" shall mean the Base Rental described above minus Initial Basic Cost, and "Adjustment Factor" shall mean a fraction, the numerator of which is the "CPI" published immediately preceding the applicable anniversary date and the denominator of which is the "CPI" published immediately preceding the commencement date of the term of this Lease. "CPI" shall mean the United States Average (1982-84 '" 100), as published bi-monthly (or if the same shall no longer be published bi-monthly, on the most frequent basis available) by the Bureau of Labor Statistics, U.S. Department of Labor (but if such is subject to adjustment later, the later adjusted index shall be used). The Adjusted Rental shall be the new Base Rental of the Premises effective as of the first day of the applicable Adjustment Period. Notwithstanding the foregoing calculation, the yearly percentage rent adjustment pursuant to this Paragraph 9 shall in no event be less than FIVE percent (5%) per year. Tenant shall continue payment of the Base Rental in effect for the expiring Adjustment Period until notified by Landlord of any increase in such Base Rental. Such notification shall include a memorandum showing the calculations used by Landlord in determining the new Base Rental. On the first day of the calendar month immediately succeeding receipt of such notice, Tenant shall commence payment of the new Base Rental spedfied in the notice, and shall also pay to Landlord with respect to the month(s) already expired, the excess of the required monthly rentals spedfied in the notice over the monthly amounts actually paid by Tenant.

  • Price Adjustments 17.1 Prices for Goods/Services supplied in terms of this Agreement shall be subject to review as indicated in the Schedule of Requirements/Works Order annexed hereto. 17.2 No less than 2 [two] months prior to any proposed Price adjustment, the Parties shall commence negotiations for Prices for the next period or as otherwise indicated in Schedule 1 hereto. The Parties shall have regard for market-related pricing of equivalent goods, continuous improvement initiatives, costs [including labour, raw materials and transport/delivery], order size and frequency and changes to the specification of the Goods/Services. 17.3 Pursuant to clause 17.2 above, the Supplier/Service Provider shall keep full and accurate records of all costs associated with the supply of the Goods/Services to Transnet, in a form to be approved in writing by Transnet. The Supplier/Service Provider shall produce such records to Transnet for inspection at all reasonable times on request and such records may, at Transnet's option, be audited by Transnet or its designated representatives. 17.4 Should Transnet and the Supplier/Service Provider fail to reach an agreement on Price for the successive period, either Party shall be entitled to submit this matter to dispute resolution in accordance with clause 32 of the Master Agreement [Dispute Resolution]. 17.5 If during the period of this Agreement Transnet can purchase similar Goods/Services of a like quality from another supplier at a total delivered cost to a Transnet facility that is lower than the total delivered cost of the Goods/Services purchased hereunder from the Supplier/Service Provider, Transnet may notify the Supplier/Service Provider of such total delivered cost and the Supplier/Service Provider shall have an opportunity to adjust the Price of the Goods/Services purchased hereunder, on such a basis as to result in the same total delivered cost to Transnet, within 30 [thirty] calendar days of such notice. If the Supplier/Service Provider fails to do so or cannot legally do so, Transnet may (i) purchase the Goods/Services from such other supplier in which case the obligations, including, but not limited to, any purchase and sale requirements and/or commitments, if any, of Transnet and the Supplier/Service Provider hereunder shall be reduced accordingly; (ii) terminate this Agreement without any penalty, liability or further obligation; or (iii) continue purchases under this Agreement. 17.6 If during the period of this Agreement the Supplier/Service Provider sells any materials which are the same as, equivalent to, or substantially similar to the Goods/Services herein, at a total delivered cost to a third party lower than the total delivered cost to a Transnet facility, then the Supplier/Service Provider has an opportunity to adjust its Price for the Goods/Services purchased hereunder within 30 [thirty] calendar days so that the Price is the same or lower than the total delivered cost of such third party. If the Supplier/Service Provider fails to do so or cannot legally do so, Transnet may (i) purchase the Goods/Services from any other such supplier, in which case the obligations, including, but not limited to, any purchase and sale requirements and/or commitments, if any, of Transnet and the Supplier/Service Provider hereunder shall be reduced accordingly; or

  • 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:

  • Market Adjustment The parties to this Agreement recognize the appropriateness of market pay adjustments in rare instances for compelling reasons. To effectuate judgments in such cases, the President and AAUP Chapter President, in consultation, shall each name three (3) individuals to a university Market Evaluation Committee. Deans may submit recommendations for market pay adjustments with supporting written reasons to the Committee. Said Committee shall consult with the President concerning proposed market pay adjustments reporting its advice not later than May 15 in each year. Upon the favorable recommendation of the President and the BOR President, market pay adjustments may be approved effective at the beginning of that pay period including September 1 of the following year. Not more than one (1) market pay adjustment per one hundred (100) full-time members, or fraction thereof, may be recommended in any contract year. A member’s salary may not be increased beyond the maximum for the rank. Funding for this program shall be governed by Article 12.10.2.

  • 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.

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