Extraordinary Items. If there is a change in the number of the outstanding shares of the Bank’s common stock by reason of a stock dividend or split, recapitalization, merger, consolidation, combination or exchange of shares where the shares are issued without additional consideration paid to the Bank (“Extraordinary Items”), then the number of Phantom Stock Appreciation Rights shall be increased or decreased proportionately, as of the beginning of the following Plan Year, at the discretion of the Board whose determination shall be conclusive; provided, however, that fractional Phantom Stock Appreciation Rights shall be rounded to the nearest whole Right.
Extraordinary Items. In the event of the Company’s merger with a mutual institution, conversion to a stock company or other material change in the Company’s total capitalization that occurs after the establishment by the Company of the Officer’s Phantom SAR’s Account, the number of outstanding Phantom SAR shares subject to this Agreement shall be adjusted accordingly.
Extraordinary Items. In the event of the Company’s merger with a mutual institution, conversion to a stock company or other material change in the Company’s total capitalization that occurs after the establishment by the Company of the Executive’s Phantom Stock Option Account, the number of outstanding Phantom Stock shares subject to this Agreement may be adjusted appropriately by the Company, whose determination shall be conclusive.
Extraordinary Items. In determining the apportionment of Tax Items between Pre-Distribution Periods and Post-Distribution Periods, any Tax Items arising in connection with the Distribution or any transactions undertaken in preparation for the Distribution shall be treated as extraordinary items described in Treasury Regulations Section 1.1502-76(b)(2)(ii)(C) and shall be allocated to Pre-Distribution Periods to the extent and in the manner determined by Distributing Co. in its sole discretion.
Extraordinary Items. The Extraordinary Items component of the Service Fee, which may be a charge or a credit, shall be equal to the net amount of the following items (each an “Extraordinary Item” hereunder):
Extraordinary Items. The profits of the Company for the two years ended on the Balance Sheet Date as shown by the Abbreviated Accounts and the trend of profits thereby shown have not (except as disclosed in such accounts) been affected by inconsistencies in accounting practices, by the inclusion of non-recurring items of income or expenditure, by transactions entered into otherwise than on normal commercial terms or by any other factors or extraordinary items rendering such profits for all or any of such periods exceptionally high or low.
Extraordinary Items. The Extraordinary Items and the costs associated therewith as set forth on the Scope of Work (if any) are based solely upon Landlord’s representation that such items are required to complete Landlord’s Work and deliver the Demised Premises to Tenant accordingly. Accordingly, as the cost of such Extraordinary Items represent a component of the costs upon which the Rent has been based, if such Extraordinary Items are either not complete upon delivery of the Premises as set forth herein or ultimately are not required to complete Landlord’s Work (in either case, an “Unfinished Extraordinary Item”), then Tenant shall offset from the base Rent due hereunder the total cost of the Unfinished Extraordinary Items .
Extraordinary Items. In the event and to the extent that any Necessary Work involves any structural, capital or extraordinary Repairs or Alterations to an Exclusive Use Common Element, the entire cost thereof shall (except as otherwise provided in Section 6(h) of the Declaration) be borne entirely by the Unit Owner to which such Exclusive Use Common Elements are appurtenant; except in each case, to the extent that such cost is covered by the proceeds of any insurance actually maintained by the Board of Managers, or would have been so covered had the insurance that was required to be maintained pursuant to the provisions of these By-Laws actually been maintained by the Board of Managers. Such cost shall not be deemed covered by insurance proceeds pursuant to the preceding sentence to the extent of any applicable deductibles. 3 Insurance consultant to confirm.
Extraordinary Items. The Extraordinary Item component of the Habitat Maintenance Services Fee, which may be a charge or a credit, shall be equal to the net of the following items (each an “Extraordinary Item” hereunder):
Extraordinary Items. Notwithstanding anything to the contrary in this Agreement or in the other Loan Documents, proceeds of all unusual or extraordinary items (including, by way of example, excess proceeds of the Entrotech Collateral, the ERC Credit, tax refunds, insurance proceeds, or sale proceeds, other than collection of accounts for inventory sold in the ordinary course of business) shall be applied first to the Term Loans and then to the various obligations of Borrowers to Agent and Lenders in the discretion of Agent and Lenders.
