Lease Rental Adjustments and Adjustment of Factors Sample Clauses

Lease Rental Adjustments and Adjustment of Factors. Subsequent to In-Service Date. The following provisions of this Section 12.06 ------------------------------ relate to ad justments to the Factors, as set forth in Schedule III, to be made after the In-Service Date.
Sample 1
AutoNDA by SimpleDocs
Lease Rental Adjustments and Adjustment of Factors. To the extent required by Section 6 of the Tax Indemnification Agreement or if the Notes have been refinanced pursuant to Section 11.01 or there is a Partial Loss in respect of which Lessee has paid an Applicable Portion of Stipulated Loss Value pursuant to Section 12(c) of the Lease, then Lessor’s Cost and the Factors shall be adjusted (upwards or downwards, as the case may be, but in no event below zero) using the same methods, constraints and assumptions (as modified on account of the occurrence of any of the events referred to in this Section 11.05) used to calculate such items on the Closing Date in each case to: (1) maintain Owner Participant’s Net Economic Return through the EBO Date (as adjusted, if applicable) and through the Basic Term and (2) to the extent possible consistent with clause (1) hereof, minimize the implicit lease rate through the EBO Date (including the EBO Amount) or if such adjustments are being made after the EBO Date, the implicit lease rate through the end of the Basic Term; provided that in no event shall the EBO Amount be adjusted below the greatest of (x) 105% of the estimated fair market sales value of Buyer’s Transponders on the EBO Date, determined as of the Closing Date and set forth in the Appraisal, (y) Stipulated Loss Value (and Premium Amount, if any) of Buyer’s Transponders as of the EBO Date as recomputed pursuant to this Section 11.05, and (z) 102% of the sum of the present values as of the EBO Date (computed using an annual discount rate equal to 16.7% compounded monthly) of (i) the scheduled Base Rent payments after the EBO Date through the end of the Basic Term and (ii) the fair market sales value of Buyer’s Transponders as of the end of the Basic Term as set forth in the Appraisal. To the extent possible, all adjustments pursuant to this Section 11.05 shall be made in compliance with Section 467 of the Code and the Regulations thereunder or any judicial decision, or any Revenue Ruling, Revenue Procedure or other published IRS interpretation of general application interpreting or relating to Section 467 of the Code (for this purpose, compliance with Section 467 of the Code shall mean making such adjustments in a manner such that rent will be accounted for under Sections 1.467-1(d)(2)(iii) and 1.467-1(f)(6)(i) of the Regulations or any successor provision thereto), and, to the extent applicable, in compliance with the requirements of Rev. Proc. 2001-28, 2001-19 IRB 1156 and Sections 4.02(5), 4.07(1) and 4.07(2)...
Sample 1

Related to Lease Rental Adjustments and Adjustment of Factors

  • Rental Adjustments 6.1 The Basic Annual Rent then in effect (and as previously increased pursuant to this Section 6.1) shall be increased each year by three percent (3%) on each annual anniversary of the Term Commencement Date for so long as this Lease continues in effect.

  • Prorations and Adjustments The following shall be prorated and adjusted between Seller and Purchaser as of the day of the Closing, except as otherwise specified:

  • Rental Adjustment The lesser of (i) 2%, or (ii) 1.25 times the change in the Price Index, as described in Section 4.02.

  • Closing Prorations and Adjustments The prorations set forth in this Section 6.5 shall be on a Property-by-Property basis and not among, or between, Properties, and shall not be allocated on an Applicable Share basis.

  • Base Rent Adjustments Base Rent shall be increased on each annual anniversary of the first day of the first full month during the Term of this Lease (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated.

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following:

  • Base Price Adjustments The base aircraft price (pursuant to Article 3 of the Agreement) of the Option Aircraft will be adjusted to Boeing's and the engine manufacturer's then-current prices as of the date of execution of the Option Aircraft Supplemental Agreement.

  • Capital Adjustments (a) The existence of the Option shall not affect in any way the right or power of the Corporation or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Corporation's capital structure or the Corporation’s business, or any merger or consolidation of the Corporation or any issue of bonds, debentures, preferred stock having a preference to or affecting the Corporation’s capital stock or the rights thereof, or the issuance of any securities convertible into any such capital stock or of any rights, options, or warrants to purchase any such capital stock, or the dissolution or liquidation of the Corporation, any sale or transfer of all or any part of the Corporation’s assets or business, or any other act or proceeding of the Corporation, whether of a similar character or otherwise.

  • Capital Adjustments and Corporate Events If, from time to time during the term of this Agreement, there is any capital adjustment affecting the outstanding Common Stock as a class without the Company’s receipt of consideration, the Unvested Shares shall be adjusted in accordance with the provisions of the Plan. Any and all new, substituted or additional securities to which Grantee may be entitled by reason of Grantee’s ownership of the Unvested Awarded Shares hereunder because of a capital adjustment shall be immediately subject to the forfeiture provisions of this Agreement and included thereafter as “Unvested Awarded Shares” for purposes of this Agreement.

  • Base Rent Adjustment (a) The BASE RENT (subject to adjustment as set forth in Section 1.08(a) above) payable during the EXTENDED TERM, subject to the provisions of part (b) of this Section 3.03, shall be increased from the BASE RENT payable immediately prior to the first month of the EXTENDED TERM to the then fair market rental rate determined in connection with part (b) of this Section 3.03.

Time is Money Join Law Insider Premium to draft better contracts faster.