Quarterly Adjustments. For purposes of --------------------- determining the Applicable Spread and the Applicable Unused Commitment Fee, the Ratio of Total Funded Debt to EBITDA shall be redetermined and adjusted as necessary on the basis of the Financial Statements of the Company for the most recent preceding four fiscal quarters of the Company provided to the Bank pursuant to the requirements of subsection 5.01(b) of this Agreement (a "Quarterly Adjustment"), with prospective -------------------- effect until the next adjustment date. Quarterly Adjustments shall be made on the first interest payment date which follows receipt by the Bank of the Financial Statements for the last month of the first fiscal quarter of the Company ending after the closing Date, and thereafter on the first interest payment date which follows receipt by the Bank of the Financial Statements upon which such adjustment is based (a "Quarterly --------- Adjustment Date"), but no Quarterly Adjustment shall be effective as to --------------- any LIBOR-based Rate elected prior to the Quarterly Adjustment Date until the expiration of the period of time for which such LIBOR-based Rate shall have been elected by the Company.
Quarterly Adjustments. Landlord shall furnish to Tenant within forty five (45) days following the end of each quarter during the Lease Term, a statement certified to be complete and accurate (the "Quarterly Statement") setting forth in reasonable detail (i) the amount of the Expenses paid or incurred during the just ended quarter, and (ii) the amount that Tenant has paid to Landlord for credit against such Expenses for such period. If Tenant shall have paid more than its obligation for such Expenses for the stated period, Landlord shall, at its election, either (i) credit the amount of such overpayment toward the next ensuing payment or payments of Expense Rent that would otherwise be due (provided that the Lease has not expired or otherwise terminated) or (ii) refund in cash to Tenant the amount of such overpayment. If such quarterly statement shall show that Tenant did not pay its obligation for such expenses in full, then Tenant shall pay to Landlord the amount of such underpayment within ten (10) business days from Landlord's billing of same to Tenant. The provisions of this paragraph shall survive the expiration or sooner termination of this Lease.
Quarterly Adjustments. Within forty-five (45) days following the last calendar day of a fiscal quarter, Airco shall deliver to Groundco a statement setting forth any adjustments (the "Adjustments Statement") to the Cost Recovery Amount to reflect the actual costs experienced by Airco during the prior quarter. Within thirty (30) days of the receipt of the Adjustments Statement, Groundco may deliver to Airco a written notice setting forth any objections to the Adjustments Statement. If Groundco does not so object within such thirty (30) day period, the Adjustments Statement will be final and binding and the amount payable thereunder shall be paid as promptly as practicable, and in any event within 15 Business Days, by either Airco or Groundco, as applicable, by wire transfer of immediately available funds to an account designated by the other Party. If Groundco objects to the information contained in the Adjustments Statement and Groundco's objections are not resolved by agreed adjustments within fifteen (15) days after the receipt by Airco of Groundco's objections, the Parties shall promptly submit the items of disagreement to an independent auditor mutually acceptable to Groundco and Airco (the "Independent Auditor") to determine the actual costs incurred by Airco in respect of such items, and the Independent Auditor shall as promptly as reasonably practicable deliver written notice to each of Airco and Groundco setting forth its resolution of the disputed matters (such notice to include a worksheet setting forth all material calculations used in arriving at such resolution). The Adjustments Statement, after giving effect to any agreed adjustments and to the resolution of disputed matters by the Independent Auditor, shall be final and binding as the adjustments for the previous quarter and the amount payable thereunder shall be paid as promptly as practicable (and in any event within 15 Business Days) by either Airco or Groundco, as applicable, by wire transfer of immediately available funds to an account designated by the party receiving such funds. The fees and expenses of the Independent Auditor shall be allocated between Airco and Groundco in the same proportion as the aggregate amount of the disputed items so submitted to the Independent Auditor that are unsuccessfully disputed by such party (as finally determined by the Independent Auditor) bears to the total amount of such disputed items so submitted.
Quarterly Adjustments. In addition to the re-determination of the ---------------------- Borrowing Base as provided above, the valuation of the oil and gas reserves set forth in the most recent Reserve Report shall be adjusted quarterly by the Agent, based upon the quarterly pricing report provided by the Borrower to the Agent pursuant to SECTION 6.2, such revaluation to be made by the Agent within ----------- five (5) Business Days of its receipt of each such report, and the Agent shall promptly notify in writing the Borrower of the revalued Borrowing Base.
Quarterly Adjustments. Effective as of the quarter ended [*****], prices for Cliffs' Pellets shall be adjusted on a calendar quarterly basis based upon estimated and actual changes in the published pricing factors and indices specified in Section (d)(i) below (a "Quarterly Price Adjustment"). Cliffs shall calculate the Quarterly Price Adjustment and provide Severstal with such Quarterly Price Adjustment by the 15th day after the end of each calendar quarter, or on such later date as may be mutually agreed between Cliffs and Severstal. The adjusted prices for [*****] Pellets and [*****] Pellets determined in such Quarterly Price Adjustment shall have prospective effect until the next Quarterly Price Adjustment and shall have retroactive effect for the prior calendar quarters for the applicable year. Any overpayment or underpayments for such prior calendar quarters shall be promptly paid, by Cliffs or Severstal as applicable, within thirty (30) days of the determination of any such Quarterly Price Adjustment.
Quarterly Adjustments. If the Borrower shall have failed to deliver the financial reports pursuant to subsection 7.1(b) and the certificate pursuant to subsection 7.2(b) on a timely basis and if, when delivered with respect to any fiscal quarter, such financial reports and certificate indicate that the Applicable Margin, the Commitment Fee Percentage and the Letter of Credit Rate for any period after such failure should have been higher than the Applicable Margin, the Commitment Fee Percentage and the Letter of Credit Rate assumed after such period pursuant to the definitions of such terms by virtue of such failure, and the interest or fee that would have been collected hereunder based upon the actual Applicable Margin, the Commitment Fee Percentage and the Letter of Credit Rate had such failure not occurred exceeds the interest or fee actually collected hereunder, then the Borrower shall pay, on or before the third Business Day after delivery of such financial reports and certificate, an amount equal to such excess.
Quarterly Adjustments. If the Company shall have failed to deliver the financial reports pursuant to Section 7.1 and the certificates pursuant to Section 7.2 on a timely basis and if, when delivered with respect to any fiscal quarter, such financial reports and certificates indicate that the Applicable Margin or the Facility Fee Percentage for any period after such failure should have been higher than the Applicable Margin or the Facility Fee Percentage assumed after such period pursuant to the definitions of such terms by virtue of such failure, and the interest or fee that would have been collected hereunder based upon the actual Applicable Margin or the Facility Fee Percentage had such failure not occurred exceeds the interest or fee actually collected hereunder, then the Company shall pay an amount equal to such excess on the next Interest Payment Date.
Quarterly Adjustments. Any Interest Deficiency --------------------- revealed by any Quarterly Reconciliation Statement shall, to the extent such Quarterly Reconciliation Statement reveals Operating Profit Available For Series B Note Interest in excess of the amount paid toward Series B Note Interest on any Payment Date through such Fiscal Quarter, be remitted by Borrower to Lender on the Quarterly Reconciliation Date, together with the Quarterly Reconciliation Statement submitted by Borrower to Lender for application in accordance with Section 6.1(a). Any Series B Note Interest paid on a Payment Date in excess of the Operating Profit Available For Series B Note Interest earned during the preceding Fiscal Quarter as revealed by the Quarterly Reconciliation Statement shall be paid by the Lender to the Borrower for application in accordance with Section 6.1(a).
Quarterly Adjustments. 35 2.18 Guaranty................................................. 36 ARTICLE III TAXES, YIELD PROTECTION AND ILLEGALITY................. 36
Quarterly Adjustments. (a) If the financial reports delivered pursuant to subsections 6.07(a) and 6.07(b) and the certificate delivered pursuant to subsection 6.07(c) when delivered with respect to any fiscal quarter indicate that the Applicable Margin or Facility Fee Percentage for any period should have been higher than the Applicable Margin or Facility Fee Percentage assumed for such period pursuant to the definitions of such terms, and the interest or fee that would have been collected hereunder based upon the actual Applicable Margin or Facility Fee Percentage exceeds the interest or fee actually collected hereunder, then the applicable Borrower shall pay an amount equal to such excess to the Agent for the account of the Banks. The Agent will provide a statement to the applicable Borrower of such amounts due within five Business Days of the Agent's receipt of such financial reports and certificate, and the applicable Borrower shall pay such amounts within three Business Days of its receipt of such statement; provided that the failure of the Agent to provide any such statement shall not limit or otherwise affect either Borrower's obligations hereunder or under any Note or any other document or instrument given in connection herewith.
