Calculation on Ongoing Basis Sample Clauses

The "Calculation on Ongoing Basis" clause establishes that certain values, metrics, or obligations under the agreement will be determined and updated continuously throughout the contract term, rather than being fixed at a single point in time. For example, this may apply to financial calculations such as interest, royalties, or performance metrics that fluctuate based on ongoing activity or changing circumstances. By requiring regular recalculation, the clause ensures that obligations and entitlements remain accurate and reflective of current conditions, thereby promoting fairness and reducing the risk of disputes over outdated or static figures.
Calculation on Ongoing Basis. ▇▇▇▇▇▇'▇ and Falconbridge's, as the case may be, Joint Venture Interest, calculated at any time and from time to time, shall be determined in accordance with the formula: A = B x 100%, where (a) A is ▇▇▇▇▇▇'▇ or Falconbridge's, as the case may be, Joint Venture Interest; (b) B is an amount equal to ▇▇▇▇▇▇'▇ or Falconbridge's, as the case may be, deemed Expenditures under section 2.1 of this Schedule C, plus all of ▇▇▇▇▇▇'▇ or Falconbridge's, as the case may be, Expenditures made after the formation of the Joint Venture; and (c) C is an amount equal to the Parties' total deemed Expenditures under section 2.1 of this Schedule C plus all of the Parties' Expenditures made after the formation of the Joint Venture.
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Calculation on Ongoing Basis. Avino's and Endeavour's, as the case may be, Joint Venture Interest, calculated at any time and from time to time, shall be determined in accordance with the formula: A = B x 100% (a) A is Avino's or Endeavour's, as the case may be, Joint Venture Interest; (b) B is an amount equal to Avino's or Endeavour's, as the case may be, deemed Expenditures under Section 2.1 of this Schedule “C”, plus all of Avino's or Endeavour's, as the case may be, Expenditures made after the formation of the Joint Venture; and (c) C is an amount equal to the Parties' total deemed Expenditures under Section 2.1 of this Schedule “C” plus all of the Parties' Expenditures made after the formation of the Joint Venture.
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Calculation on Ongoing Basis. TXR's and ASX's, as the case may be, Joint Venture Interest, calculated at any time and from time to time, shall be determined in accordance with the formula: A = B x 100% (a) A is TXR's or ASX's, as the case may be, Joint Venture Interest; (b) B is an amount equal to TXR's or ASX's, as the case may be, deemed Expenditures under Section 2.1 of this Schedule "C", plus all of TXR's or ASX's, as the case may be, Expenditures made after the formation of the Joint Venture; and (c) C is an amount equal to the Parties' total deemed Expenditures under Section 2.1 of this Schedule "C" plus all of the Parties' Expenditures made after the formation of the Joint Venture.
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Calculation on Ongoing Basis. Subject to Section 2.3 of this Schedule "C", AMCOR’s and Archean Star’s, as the case may be, Joint Venture Interest, calculated at any time and from time to time, shall be determined in accordance with the formula: A = B x 100% C where (a) A is AMCOR’s or Archean Star’s, as the case may be, Joint Venture Interest; (b) B is an amount equal to AMCOR’s or Archean Star’s, as the case may be, deemed Expenditures under Section 2.1 of this Schedule "C", plus all of AMCOR’s or Archean Star’s, as the case may be, Expenditures made after the formation of the Joint Venture; and (c) C is an amount equal to the Parties' total deemed Expenditures under Section 2.1 of this Schedule "C" plus all of the Parties' Expenditures made after the formation of the Joint Venture. For greater certainty, for the purposes of the dilution calculation, AMCOR shall be deemed to receive credit for Expenditures incurred by Archean Star during the period from the date of exercise of the Option until the JV Formation Date. For example, if Archean Star has incurred Expenditures totaling US$20,000,000 as at the JV Formation Date, then AMCOR shall be deemed to have incurred US$5,000,000 of Expenditures.
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Calculation on Ongoing Basis. OAKLEY 's and CRR's, as the case may be, Joint Venture Interest, calculated at any time and from time to time, shall be determined in accordance with the formula: A = B x 100% where (a) A is OAKLEY's or CRR's, as the case may be, Joint Venture Interest; (b) B is an amount equal to OAKLEY 's or CRR's, as the case may be, deemed Expenditures under Section 2.1 of this Schedule "B", plus all of OAKLEY 's or CRR's, as the case may be, Expenditures made after the formation of the Joint Venture; and (c) C is an amount equal to the Parties’ total deemed Expenditures under Section 2.1 of this Schedule "B" plus all of the Parties' Expenditures made after the formation of the Joint Venture.
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Calculation on Ongoing Basis. North Bay’s and Silver Quest’s, as the case may be, Joint Venture Interest, calculated at any time and from time to time, shall be determined in accordance with the formula: A = B x 100%, where:
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Calculation on Ongoing Basis. Uranerz’s and Triex’s, as the case may be, Joint Venture Interest, calculated at any time and from time to time, shall be determined in accordance with the formula: A = B x 100%, where: C (a) A is Uranerz’s or Triex’s, as the case may be, Joint Venture Interest; (b) B is an amount equal to Uranerz’s or Triex’s, as the case may be, deemed Expenditures under Section 2.1 of this Schedule “B”, plus all of Uranerz’s or Triex’s, as the case may be, Expenditures made after the formation of the Joint Venture; and (c) C is an amount equal to the Parties’ total deemed Expenditures under Section 2.1 of this Schedule “B” plus all of the Parties’ Expenditures made after the formation of the Joint Venture.
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Related to Calculation on Ongoing Basis

  • Limitation on Changes in Fiscal Year Permit the fiscal year of the Borrower to end on a day other than December 31.

  • Minimum Consolidated EBITDA The Borrower will not permit Modified Consolidated EBITDA, for any Test Period ending at the end of any fiscal quarter of the Borrower set forth below, to be less than the amount set forth opposite such fiscal quarter: Fiscal Quarter Amount September 30, 1997 $36,000,000 December 31, 1997 $36,000,000 March 31, 1998 $36,000,000 June 30, 1998 $37,000,000 September 30, 1998 $37,000,000 December 31, 1998 $38,000,000 March 31, 1999 $38,000,000 June 30, 1999 $39,000,000 September 30, 1999 $40,000,000 December 31, 1999 $41,000,000 March 31, 2000 $41,000,000 June 30, 2000 $42,000,000 September 30, 2000 $43,000,000 December 31, 2000 $44,000,000 March 31, 2001 $44,000,000 June 30, 2001 $45,000,000 September 30, 2001 $46,000,000 December 31, 2001 $47,000,000 March 31, 2002 $47,000,000

  • Limitation on Changes in Fiscal Periods Permit the fiscal year of the Borrower to end on a day other than December 31 or change the Borrower's method of determining fiscal quarters.

  • Information on value of contract lot (excluding VAT) Section VI. Complementary information

  • Limitation on Asset Sales (a) The Company will not, and will not permit any Restricted Subsidiary to, consummate any Asset Sale, unless: (i) no Default shall have occurred and be continuing or would occur as a result of such Asset Sale; (ii) the consideration received by the Company or such Restricted Subsidiary, as the case may be, is at least equal to the Fair Market Value of the assets sold or disposed of; (iii) at least 75% of the consideration received consists of cash, Temporary Cash Investments or Replacement Assets; provided that, in the case of an Asset Sale in which the Company or such Restricted Subsidiary receives Replacement Assets involving aggregate consideration in excess of US$35.0 million (or the Dollar Equivalent thereof), the Company shall deliver to the Trustee an opinion as to the fairness to the Company or such Restricted Subsidiary of such Asset Sale from a financial point of view issued by an accounting, appraisal or investment banking firm of recognized international standing. For purposes of this provision, each of the following will be deemed to be cash: (A) any liabilities, as shown on the Company’s most recent consolidated balance sheet, of the Company or any Restricted Subsidiary (other than contingent liabilities and liabilities that are by their terms subordinated to the Notes, any Subsidiary Guarantee or any JV Subsidiary Guarantee) that are assumed by the transferee of any such assets pursuant to a customary assumption, assignment, novation or similar agreement that releases the Company or such Restricted Subsidiary from further liability; and (B) any securities, notes or other obligations received by the Company or any Restricted Subsidiary from such transferee that are promptly, but in any event within 30 days of closing, converted by the Company or such Restricted Subsidiary into cash, to the extent of the cash received in that conversion. (b) Within 360 days after the receipt of any Net Cash Proceeds from an Asset Sale, the Company (or the applicable Restricted Subsidiary, as the case may be) may apply such Net Cash Proceeds to: (i) permanently repay Senior Indebtedness of the Company or any Restricted Subsidiary (and, if such Senior Indebtedness repaid is revolving credit Indebtedness, to correspondingly reduce commitments with respect thereto) in each case owing to a Person other than the Company or a Restricted Subsidiary; or (ii) acquire properties and assets that replace the properties and assets that were the subject of such Asset Sale or in properties or assets that will be used in the Permitted Business (including any shares of Capital Stock in a Person holding such properties or assets that is primarily engaged in a Permitted Business) (“Replacement Assets”). (c) Any Net Cash Proceeds from Asset Sales that are not applied or invested as provided in clauses (i) and (ii) of Section 4.14(b) will constitute “Excess Proceeds”. Excess Proceeds of less than US$10.0 million (or the Dollar Equivalent thereof) will be carried forward and accumulated. When accumulated Excess Proceeds equals to or exceeds US$10.0 million (or the Dollar Equivalent thereof), within 10 days thereof, the Company must make an Offer to Purchase Notes having a principal amount equal to: (i) accumulated Excess Proceeds, multiplied by; (ii) a fraction (x) the numerator of which is equal to the outstanding principal amount of the Notes and (y) the denominator of which is equal to the outstanding principal amount of the Notes and all pari passu Indebtedness similarly required to be repaid, redeemed or tendered for in connection with the Asset Sale, rounded down to the nearest US$1. The offer price in any Offer to Purchase will be equal to 100% of the principal amount plus accrued and unpaid interest to the date of purchase, and will be payable in cash. (d) If any Excess Proceeds remain after consummation of an Offer to Purchase, the Company may use such Excess Proceeds for any purpose not otherwise prohibited by this Indenture. If the aggregate principal amount of Notes and any other pari passu Indebtedness tendered into (or required to be prepaid or redeemed in connection with) such Offer to Purchase exceeds the amount of Excess Proceeds, the Notes and such other pari passu Indebtedness will be purchased on a pro rata basis based on the principal amount of Notes and any other pari passu Indebtedness tendered (or required to be prepaid or redeemed). Upon completion of each Offer to Purchase, the amount of Excess Proceeds will be reset at zero.