INDEX ADJUSTMENTS Sample Clauses

INDEX ADJUSTMENTS. If any Index Company declares a stock dividend, stock split, or stock split-up (any such event being a "STOCK DISTRIBUTION") of its common stock for which the ex-dividend date, ex-split date, ex-distribution date or other comparable date (the "EX-DATE") occurs between the Initial Index Date and the end of the Pricing Period, then for purposes of the definitions in Section 2.2 (UPSET PROVISION) the closing prices for such common stock as of the Initial Index Date and each date during the Pricing Period prior to the Ex-Date shall be adjusted so as to be comparable as of the Initial Index Date and throughout the Pricing Period in the same manner as is described in Section 2.3.1(a) (STOCK DIVIDENDS AND DISTRIBUTIONS) for any Stock Distribution.

INDEX ADJUSTMENTS. The following procedures shall be used to calculate adjustments to the Base Price based on changes in published indices: (i) Base values ("Base Values") used for determining adjustments to the Base Price in any month shall, in the case of indices published monthly, be the published value for the month that is two months in advance of the first month that the Base Price was subject to adjustment and in the case of indices published quarterly, the index value for the quarter that is two quarters in advance of the first month that the Base Price was subject to adjustment. Index values which are compared to Base Values used for determining adjustments to the Base Price in any month shall, in the case of indices published monthly, be the latest published values for the second preceding month, and in the case of indices published quarterly, be the latest published values for the second preceding quarter (ie., the December 2001 index value is to be used for the February 2002 adjustment for monthly indices, and the December 31, 2001 index value is to be used for the April 2002 adjustment for quarterly indices). (ii) If any of the foregoing indices or any revision or equivalent ceases to be published by any federal agency, such indices shall be replaced by a substantially equivalent index that, after necessary adjustment, if any, provides the most reasonable substitute for such index and which is mutually agreeable to the parties. (iii) All calculations of individual adjustments to the Base Price shall be rounded to the nearest mill or, if there is no nearest mill, to the nearest cent.

INDEX ADJUSTMENTS. Beginning on the first anniversary date of the Effective Date of this Agreement, the rent will be adjusted on each anniversary of such date (each an "Adjustment Date") to reflect increases in the Consumer Price Index for All Urban Consumers (CPI-U) for Houston-Galveston-Brazoria, Texas, All Items (1982-84 = 100) published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"), or such other economic index as the parties may agree to use as a reference base as provided herein. If the Index is converted to a different standard reference base or otherwise revised, the determination of the Index will be made with the use of such conversion factor, formula, or table for converting the Index as may be published, then with the use of such conversion factor, formula or table as is published by the entity or authority that establishes the Index or, if one is not published, then with the use of such conversion factor, formula or table is published by any nationally recognized publisher of similar statistical information. If the Index ceases to be published, then within 30 days after such Index ceases to be published the parties will substitute a new index of similar type to be used as the Index for determining future rent escalation. If the parties fail to agree upon a substitute Index during the 30 day period, Lessor and Lessee will jointly designate a qualified independent third party who will select as a substitute Index any independently published index of similar type. On each Adjustment Date, rent will be recalculated to be equal to the lesser of (i) 105% of the Minimum Rent (with respect to the calculation made on the first Adjustment Date) or