Provisional Price Sample Clauses

Provisional Price. The Provisional Price payable by MSCG pursuant to Section 9.1 with respect to a Light Finished Product shall equal the ***** prices effective for the Delivery Date, or if the Delivery Date is not a Business Day or is the same as the Provisional Payment Day, effective for the Business Day prior to the Delivery Date. The Provisional Price payable by MSCG pursuant to Section 9.1 with respect to a Specialty Grade shall equal the ***** to produce the Specialty Grade Product instead of the “Next Best Alternative Product” as mutually agreed between the Parties.
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Provisional Price. Takeda agrees to pay BioNumerik a Provisional Price for each unit of Product that BioNumerik supplies to Takeda.
Sample 1Sample 2
Provisional Price. For purposes of provisional invoicing as provided in Section 11.3, the provisional price of each cargo of Concentrates shall be determined by Seller by reference to loaded weights, estimated assays, and except as provided otherwise in Section 8.10 of this Agreement the respective prices for (i) Payable Copper determined pursuant to Section 8.6 of this Agreement as if the applicable Quotational Period for Payable Copper were the two full calendar weeks prior to the date of shipment, less applicable smelting and refining charges, and (ii) Payable Gold and Payable Silver determined pursuant to Sections 8.7 and 8.8 of this Agreement, less applicable refining charges, as if the applicable Quotational Period for Payable Gold and Payable Silver were the two full calendar weeks prior to the date of shipment.
Sample 1Sample 2
Provisional Price. Not less than 10 (ten) Business Days prior to Closing, the Sellers shall (and, as the case may be, shall cause the Group Companies to) deliver to the Purchaser a notice (the “Closing Notice”) containing (i) the Payoff Letters and (ii) the Sellers’ good faith estimate of:
Sample 1
Provisional Price. (a) If the Material has been sold forward by Traxys to a Customer at the time of delivery to Traxys:
Sample 1
Provisional Price. 55 7.4 Reconciliation.............................................................................. 55 7.5 Samples and Clinical Supplies............................................................... 56 7.6
Sample 1
Provisional Price. The initial price for the purchase of the Agreement Product shall be set as soon as practicable, but in no event later than within thirty (30) days from the Effective Date and by September 30th of each Fiscal Year commencing in 1997. The intention is that the provisional price will be a close approximation to the expected final purchase price for the next Fiscal Year. In the event that the parties cannot so agree, the provisional price will be ** of the average net selling price on a per vial basis in the preceding second calendar quarter.
Sample 1
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Provisional Price. In the event that, prior to January 1 of any particular year, the Parties are unable to agree upon a Base Price, shipments of Coal for that year shall be made at a Provisional Price in the same manner as if the Parties had agreed upon a Base Price. The Provisional Price for any particular year shall be the Base Price in effect in the last year in which a Base Price was established. In the event that the Parties are unable to agree upon a Base Price for 1994, the Provisional Price for 1994 quantities shall be the average base price per Ton, weighted by actual quantities delivered and adjusted for gross heating value, paid by Taipower for Coal delivered in 1993 under its contracts for the purchase of steam coal from U.S. East Coast and Gulf Coast suppliers, except contracts in which the 1993 price was established with reference to an escalation formula. Shipments at the Provisional Price shall continue until a Base Price has been agreed upon or determined in arbitration.
Sample 1

Related to Provisional Price

  • Base Price The Base Price of the SARs is [ ] (subject to any adjustment under Section 9 of the Plan).

  • Market Value Adjustment 16 3.07 Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

  • Aircraft Basic Price The Aircraft Basic Price is listed in Table 1 and is subject to escalation in accordance with the terms of this Purchase Agreement.

  • ADJUSTMENT OF CONTRACT PRICE The Contract Price shall be subject to adjustment, as hereinafter set forth, in the event of the following contingencies (it being understood by both parties that any reduction of the Contract Price is by way of liquidated damages and not by way of penalty):

  • Price Adjustment No adjustment in the per share Exercise Price shall be required unless such adjustment would require an increase or decrease in the Exercise Price of at least $0.01; provided, however, that any adjustments which by reason of this paragraph are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 2 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

  • 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.

  • Supply Price In event BTC exercises the Supply Option, the Supply Agreement shall afford Auxilium supply terms for Year 1 that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for the year immediately preceding the Supply Date and supply terms for each successive year that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for each preceding year as applicable.

  • Performance Adjustment Rate Except as otherwise provided in sub-paragraph (e) of this paragraph 3, the Performance Adjustment Rate is 0.02% for each percentage point (the performance of the Portfolio and the Index each being calculated to the nearest .01%) that the Portfolio's investment performance for the performance period was better or worse than the record of the Index as then constituted. The maximum performance adjustment rate is 0.20%. For purposes of calculating the performance adjustment of the portfolio, the portfolio's investment performance will be based on the performance of the retail class. The performance period will commence with the first day of the first full month following the retail class's commencement of operations. During the first eleven months of the performance period for the retail class, there will be no performance adjustment. Starting with the twelfth month of the performance period, the performance adjustment will take effect. Following the twelfth month a new month will be added to the performance period until the performance period equals 36 months. Thereafter the performance period will consist of the current month plus the previous 35 months. The Portfolio's investment performance will be measured by comparing (i) the opening net asset value of one share of the retail class of the Portfolio on the first business day of the performance period with (ii) the closing net asset value of one share of the retail class of the Portfolio as of the last business day of such period. In computing the investment performance of the retail class of the Portfolio and the investment record of the Index, distributions of realized capital gains, the value of capital gains taxes per share paid or payable on undistributed realized long-term capital gains accumulated to the end of such period and dividends paid out of investment income on the part of the Portfolio, and all cash distributions of the securities included in the Index, will be treated as reinvested in accordance with Rule 205-1 or any other applicable rules under the Investment Advisers Act of 1940, as the same from time to time may be amended.

  • Product Price Termination under any of the above paragraphs shall not result in any change to unit prices for Products not terminated.

  • Minimum Adjustment The adjustments required by the preceding sections of this Article IV shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that no adjustment of the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants that would otherwise be required shall be made unless and until such adjustment either by itself or with other adjustments not previously made increases or decreases by at least 1% the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount shall be carried forward and made as soon as such adjustment, together with other adjustments required by this Article IV and not previously made, would result in a minimum adjustment. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence. In computing adjustments under this Article IV, fractional interests in Common Stock shall be taken into account to the nearest one-hundredth of a share.

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