Facility Adjustment definition

Facility Adjustment means a physical passage facility upgrade, improvement, or addition that was part of the original design of the passage facility, or an adjustment to the fish passage facility or its operations. A "'Facility Modification" means a physical alteration or addition to a physical passage facility that requires a new design. When making Facility Modifications, the Licensee must follow the design process set out in Section 4.1.2 of the Settlement Agreement, in Consultation with the ACC (including at least the Services). Whenever any Facility Adjustment or Facility Modification is completed, the Licensee must test the operation of the relevant facility for a reasonable time to determine the effectiveness of such adjustment or modification. At the direction of the Services and after any required Commission approvals and obtaining all required Permits, the Licensee must make Facility Adjustments and Facility Modifications to the relevant passage facility to achieve the relevant performance standards for each of the species designated in the Settlement Agreement as soon as practicable.
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Facility Adjustment means the amount determined pursuant to Section 3.16 hereof (but in no event greater than $300,000) by which the Purchase Price may be reduced as a result of specified Capital Enhancements.
Sample 1
Facility Adjustment means a physical passage facility upgrade, improvement, or addition that was part of the original design of the passage facility, or an adjustment to the fish passage facility or its operations. A "Facility Modification" means a physical alteration or addition to a physical passage facility that requires a new design. When making Facility Modifications, the Licensee must follow the design process set out in Section 4.1.2 of the Settlement Agreement, in Consultation with the ACC (including at least the Services).
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Examples of Facility Adjustment in a sentence

  • Within two Business Days following the occurrence of any Facility Adjustment Event or Potential Facility Adjustment Event, the Calculation Agent shall notify the Lender and the Borrowers of the adjustments to the terms or provisions of the Facility that it proposes to make in respect thereof, and the proposed effective time therefor (or its determination that no such adjustment is necessary).

  • No Default or Event of Default has occurred and is continuing or would result from the consummation of the Transactions, and, to the knowledge of such Loan Party, no Mandatory Prepayment Event, Facility Adjustment Event or Potential Facility Adjustment has occurred and is continuing or would result from the consummation of the Transactions.

  • Notwithstanding the foregoing (and without limitation of the proviso to the definition of “Potential Facility Adjustment Event”), upon the occurrence of any Facility Adjustment Event or Potential Facility Adjustment Event, the adjustments, if any, in respect thereof pursuant to the two immediately preceding paragraphs will not, solely as a result of such adjustment, directly cause a Mandatory Prepayment Event to have occurred and be continuing immediately after giving effect thereto.

  • Calculation Agent shall not make any adjustment in respect of a Facility Adjustment Event or Potential Facility Adjustment Event prior to the earlier of (i) the fifth Business Day following the occurrence thereof and (ii) its receipt of notice from Required Lenders of any alternative adjustments (and a proposed effective time therefor) or that they agree with Calculation Agent’s proposed adjustments (and the effective time therefor).

  • If there occurs a New Common Facility Adjustment Event pursuant to Section 5.4(i) of the Facility Lease, Lessor’s New Common Facilities Ownership Interest will be decreased by 50%, assuming Lessor acquires an ownership interest in Unit 2 equal to its ownership interest in Unit 1.

  • Security: The Loan Facility, subject to Facility Adjustment, shall be secured by the following items of collateral (“Collateral”): 1.

  • Subject to Facility Adjustment, LIBOR Rate shall be based on 1, 2, 3 or 6 month interest periods (and, if available from all Lenders, 9 and 12 month interest periods) as elected by Borrower in accordance with DB’s customary rate election provisions and subject to DB’s customary breakage provisions (but shall not, in any way, include loss of anticipated profits).

  • Terms defined in the Receivables Purchase Agreement have the same meanings in this Facility Adjustment Notice.

  • No Default or Event of Default has occurred and is continuing or would result from the consummation of the Transactions, and, to the knowledge of Borrower, no Mandatory Prepayment Event or Facility Adjustment Event has occurred and is continuing or would result from the consummation of the Transactions.

  • In addition, the Consenting Lenders have committed to provide the Reorganized Debtors with a New Senior Secured Term Loan Facility in an aggregate principal amount of approximately $600 million, likewise subject to the New Senior Term Loan Facility Adjustment (as set forth in Section 4.2.1 of the Plan), consistent with the terms and conditions set forth in the Restructuring Term Sheet.

Related to Facility Adjustment

  • Equity Adjustment means the dollar amount resulting by subtracting the Book Value, as of Bank Closing, of all Liabilities Assumed under this Agreement by the Assuming Bank from the purchase price, as determined in accordance with this Agreement, as of Bank Closing, of all Assets acquired under this Agreement by the Assuming Bank, which may be a positive or a negative number.

  • True-Up Adjustment means any Semi-Annual True-Up Adjustment or Interim True-Up Adjustment, as the case may be.

  • Net Adjustment Amount means an amount, which may be positive or negative, equal to the Closing Net Working Capital as finally determined pursuant to this Section 2.9 minus the Preliminary Net Working Capital as set forth on the Preliminary Closing Statement;

  • Estimated Adjustment Amount has the meaning set forth in Section 2.8(a).

  • Lot line adjustment means the relocation of the property boundary line in a

  • Net Working Capital Adjustment Amount means an amount, which may be a positive or negative number, equal to the Net Working Capital as of the Effective Time minus the Net Working Capital Threshold.

  • Final Adjustment Amount shall have the meaning set forth in Section 2.5(e).

  • Working Capital Adjustment Amount has the meaning set forth in Section 2.1(b)(ii). Section 1.2

  • Credit Adjustment shall have the meaning specified in Section 3.02.

  • Capitalization Reimbursement Amount As to any Distribution Date, the amount of Advances or Servicing Advances that were added to the Stated Principal Balance of the related Mortgage Loans during the prior calendar month and reimbursed to the Master Servicer or Subservicer on or prior to such Distribution Date pursuant to Section 3.10(a)(vii), plus the Capitalization Reimbursement Shortfall Amount remaining unreimbursed from any prior Distribution Date and reimbursed to the Master Servicer or Subservicer on or prior to such Distribution Date.

  • Adjustment Amount For any Distribution Date, the difference between (A) the sum of the Class A Principal Balance and the Class B Principal Balance as of the related Determination Date and (B) the sum of (i) the sum of the Class A Principal Balance and the Class B Principal Balance as of the Determination Date succeeding such Distribution Date and (ii) the aggregate amount that would have been distributed to all Classes as principal in accordance with Section 4.01(a) for such Distribution Date without regard to the provisos in the definitions of Class B-1 Optimal Principal Amount, Class B-2 Optimal Principal Amount, Class B-3 Optimal Principal Amount, Class B-4 Optimal Principal Amount, Class B-5 Optimal Principal Amount and Class B-6 Optimal Principal Amount.

  • Tax Adjustment has the meaning set forth in Section 4.7.

  • Cost of Living Adjustment means the percentage (if any) by which the Consumer Price Index for the month of October preceding the adjustment ex- ceeds the Consumer Price Index for the month of October one year before the month of October preceding date of the adjustment.

  • Price Adjustment means any and all price reductions, offsets, discounts, rebates, adjustments, and or refunds which accrue to or are factored into the final net cost to the hospital outpatient department or ambulatory surgical center.

  • Closing Adjustment Amount shall have the meaning set forth in Section 3.2(c).

  • Related Adjustment means, in determining any LIBOR Successor Rate, the first relevant available alternative set forth in the order below that can be determined by the Administrative Agent applicable to such LIBOR Successor Rate:

  • Post-Closing Adjustment Amount has the meaning set forth in Section 2.04(c).

  • Net Working Capital Adjustment means (a) the amount by which Net Working Capital as of immediately prior to the Closing exceeds Target Net Working Capital or (b) the amount by which Net Working Capital as of immediately prior to the Closing is less than Target Net Working Capital, in each case, if applicable; provided, that any amount which is calculated pursuant to clause (b) above shall be deemed to be a negative number.

  • CPI Adjustment means the quotient of (i) the CPI for the month of January in the calendar year for which the CPI Adjustment is being determined, divided by (ii) the CPI for January of 2007.

  • Working Capital Adjustment shall have the meaning set forth in Section 3.5(c)(i).

  • Term SOFR Adjustment means a percentage equal to 0.10% per annum.

  • SOFR Adjustment means 0.10% (10 basis points).

  • Maximum Incremental Facilities Amount means, at any date of determination, (a) the sum of (i) $500,000,000, plus (ii) an amount such that the Borrower is in Pro Forma Compliance with the Senior Secured Leverage Test (for the avoidance of doubt without netting any cash from the proceeds of any Indebtedness being incurred in reliance on such test and, if applicable, assuming the full amount of any New Revolving Credit Commitments are drawn), plus (iii) amounts used to incur Indebtedness the Net Cash Proceeds of which are substantially concurrently used to refinance or replace Revolving Credit Commitments and/or Term Loans (including any fees, accrued interest or other amounts owing in respect thereof), plus (iv) from and after the 2012 Extension Effective Date, the aggregate principal amount of 2014 Term Loans outstanding as of such date of determination, provided that such additional amounts pursuant to this clause (iv) are only available to the extent such amounts are used to incur Indebtedness the Net Cash Proceeds of which are substantially concurrently used to prepay 2014 Term Loans in accordance with Section 5.1 of this Agreement (such prepaid 2014 Term Loans, “Incremental Facility Prepaid 2014 Term Loans”) plus (v) the Dollar Equivalent principal amount of Term Loans (other than New Term Loans, Incremental Facility Prepaid 2014 Term Loans or Term Loans refinanced or replaced pursuant to clause (iii) above) voluntarily prepaid pursuant to Section 5.1 prior to such date, plus (vi) the amount of all Revolving Credit Commitments that have either been permanently reduced pursuant to Section 4.2 or have otherwise terminated in accordance with the terms of this Agreement after the 2012 Extension Effective Date (without duplication of the amounts incurred pursuant to clause (iii) above) minus (b) the sum of (i) the aggregate principal amount of New Loan Commitments incurred pursuant to Section 2.14(a) prior to such date and (ii) the aggregate principal amount of Permitted Other Indebtedness issued or incurred pursuant to Section 10.1(bb)(i)(a) prior to such date.

  • Adjustment Spread means either (a) a spread (which may be positive, negative or zero) or (b) a formula or methodology for calculating a spread, in each case to be applied to the Successor Rate or the Alternative Rate (as the case may be) and is the spread, formula or methodology which:

  • LIBOR Adjustment Date With respect to any Payment Date, the second business day before the related Accrual Period begins. For this purpose, a “business day” is a day on which banks are open for dealing in foreign currency and exchange in London, New York City and Washington, D.C.