Adjustment of Payments. The Preliminary Payments were calculated based on a spread over the Preliminary T-Note Average. Should the Final T-Note Average differ from the Preliminary T-Note Average, then the Preliminary Payments shall be revised. For each increase or decrease of one (1) basis point (i.e., 1/100 of 1%) in the Final T-Note Average above or below the Preliminary T-Note Average, the Preliminary Payments shall be revised as follows (complete below as applicable): The Advance Payment, due upon execution of the Equipment Schedule, shall remain unchanged. Each of the monthly payments initially scheduled, in the amount of $15,548.99, shall increase or decrease by $2.87. THE CALCULATION OF THE CONTRACT PAYMENTS UNDER THIS RIDER WILL SUPERSEDE ANY PRIOR PROPOSAL OR QUOTATION. LESSEE HEREBY ACKNOWLEDGES AND AGREES TO THE CALCULATION OF THE PAYMENT SCHEDULE SET FORTH HEREIN.
Adjustment of Payments. The Preliminary Payments were calculated based ---------------------- on a spread over the Preliminary T-Note Average. If the Adjustment Date occurs after June 17, 1998 and the Final T-Note Average exceeds the Preliminary T-Note Average, then the Preliminary Payments shall be revised. For each increase or decrease of one (1) basis point (i.e., 1/100 of 1%) in the Final T-Note Average above the Preliminary T-Note Average, the Preliminary Payments shall be revised as follows (complete below as applicable): . The $18,349.38 payment due upon execution shall remain unchanged. ---------- . Each of the 46 payments in the amount of $18,349.38 shall increase or -- ---------- decrease by $3.81. ----- Immediately after the determination of the revised payments due under the Contract, Obligor shall, at the request of P.C. execute an acknowledgement reflecting the revised payment schedule and, if requested by P.C. a Replacement Contract containing the agreed to payments, but the failure of P.C. to make such a request or the failure of Obligor to execute the acknowledgement or Replacement Contract shall in no way diminish Obligor's obligations hereunder.
Adjustment of Payments. Upon application from the Contractor this remuneration agreement may be adjusted as set out in this Clause for the duration of the Contract unless by mutual agreement some alternate formula is adopted. The first adjustment may be made twelve (12) months from the date of commencement of Contract with each successive adjustment to be effected annually thereafter upon request. Adjustments based on CPI movements shall be based on ‘All Groups Weighted Average of Eight Capital Cities’ as published by the Australian Bureau of Statistics for the four quarters immediately preceding the anniversary of the Contract.
Adjustment of Payments. If, for any reason, we make any payment to you before we have received or applied the corresponding payment on an Asset (it being understood that we are under no obligation to do so), and we do not receive or apply the corresponding payment within five business days of our payment to you, you will, at our request, promptly return that payment to us (together with interest on that payment at the overnight rate for Federal funds transactions between member banks of the Federal Reserve System, as published by the Federal Reserve Bank of New York, for each day from the making of that payment to you until its return to us). If, after we have paid you your Pro Rata Share of any payment received or applied by us in respect of any Asset, that payment or application is rescinded or must otherwise be returned or paid over by us, whether pursuant to any bankruptcy or insolvency law, the sharing of payments clause of any loan agreement or otherwise, you will, at our request, promptly return your Pro Rata Share of that payment or application to us, together with your Pro Rata Share of any interest or other amount required to be paid by us with respect to that payment or application.
Adjustment of Payments. The amount of the installment payments specified in Section 4.1, the annual payments specified in Section 4.2, and the Iowa Hill Annual Payments specified in Section 4.3.2 will be adjusted annually by the All Urban Consumer’s Price Index, All Items (Base Period 1982-84 = 100). The inflation adjustment for the installment payments specified in Section 4.1 will commence September 1, 2004 and will continue annually for the Term of this Agreement. Such adjustment for the annual payments, as specified in Sections 4.2 and 4.3.2, respectively, will commence upon the Effective Date and continue for the Term of this Agreement. Should said index either cease to exist or be modified so that it no longer performs its prior function, the Parties will meet and confer in order to determine a replacement index that most closely approximates said index.
Adjustment of Payments. Certain provisions of this Lease require that adjustments be made to a sum of money or other consideration ("Base Amount") in accordance with this Section. The measure for such percentage increase, if any, shall be the Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumers, Los Angeles-Anaheim-Riverside (1982-1984 equals 100), hereinafter referred to as the "Index." The procedure for making such adjustment shall be to increase the Base Amount by a percentage (such increase not to exceed [***]) equal to the percentage increase, if any, in the Index for the month which is three (3) months before the Month of Adjustment as compared to the Index for the month which is three (3) months before the Base Month. The terms "Month of Adjustment," "Base Month" and "Base Amount," as used herein, are defined in the applicable sections of this Lease. Should said Bureau discontinue the publication of the above Index, or publish the same less frequently, or alter the same in some other manner, then Landlord shall adopt a substitute procedure which reasonably reflects and monitors consumer prices and/or shall substitute any official index published by the Bureau of Labor Statistics or by such successor or similar governmental agency as may then be in existence and shall be most nearly equivalent thereto as reasonably determined by Landlord.
Adjustment of Payments. Notwithstanding any provision of this Agreement to the contrary, if any payment or benefit to be paid or provided hereunder would be an “Excess Parachute Payment,” within the meaning of Section 280G of the Code, or any successor provision thereto, but for the application of this sentence, then the payments and benefits to be paid or provided hereunder shall be reduced to the minimum extent necessary (but in no event to less than zero) so that no portion of any such payment or benefit, as so reduced, constitutes an Excess Parachute Payment; provided, however, that the foregoing reduction shall be made only if and to the extent that such reduction would result in an increase in the aggregate payments and benefits to be provided, determined on an after-tax basis (taking into account the excise tax imposed pursuant to Section 4999 of the Code, or any successor provision thereto, any tax imposed by any comparable provision of state law, and any applicable federal, state and local income taxes). All determinations required to be made under this Section 8 shall be made by an independent accounting firm selected by the Company (the “Accounting Firm”) which shall provide detailed supporting calculations both to the Company and the Executive within 15 business days of the Date of Termination or such earlier time as is requested by the Company and, if requested by the Executive, an opinion that he has substantial authority not to report any excise tax on his Federal income tax return with respect to the Excess Parachute Payments. Any such determination by the Accounting Firm shall be binding upon the Company and the Executive. The fact that the Executive’s right to payments or benefits may be reduced by reason of the limitations contained in this Section 8 shall not of itself limit or otherwise affect any other rights of the Executive under this Agreement. In the event that any payment or benefit intended to be provided hereunder is required to be reduced pursuant to this Section 8, then the reduction shall occur in the following order: (a) reduction of the amount described in Section 5(d)(i)(C); (b) reduction of the pro-rata annual incentive compensation amount described in Section 5(d)(i)(A); and (c) reduction of the amount described in Section 5(d)(i)(B).
Adjustment of Payments. 2510 All payments described in this Article 9 (excluding the materials marketing revenue share) shall be 2511 included in the calculation of Maximum Rates in accordance with Exhibits D and E. In its sole discretion, 2512 the CCCSWA may adjust the amount of any payment required by this Article 9 (except the materials 2513 marketing revenue share), as necessary. Such adjustment shall be reflected in the calculation of 2514 Maximum Rates. 2515
Adjustment of Payments. The Preliminary Payments were calculated based ---------------------- on a spread over the Preliminary T-Note Average. If the Adjustment Date occurs after June 17, 1998 and the Final T-Note Average exceeds the Preliminary T-Note Average, then the Preliminary Payments shall be revised. For each increase or decrease of one (1) basis point (i.e., 1/100 of 1%) in the Final T-Note Average above the Preliminary T-Note Average, the Preliminary Payments shall be revised as follows (complete below as applicable): . The $40,671.13 payment due upon execution shall remain unchanged. ----------
Adjustment of Payments. (i) The payments shall be adjusted upward monthly if the Current Month Rolling Six Month Average CPI-W Change is greater than zero. The Current Month Payment shall be calculated by multiplying the previous month payment calculated as described herein by the sum of one (1) plus the Current Month Rolling Six Month Average CPI-
