Subsequent Adjustments. In the event that the Assuming Institution or the Receiver discovers any errors or omissions as contemplated by Section 8.2 or any error with respect to the payment made under Section 8.3 after the Settlement Date, the Assuming Institution and the Receiver agree to promptly correct any such errors or omissions, make any payments and effect any transfers or assumptions as may be necessary to reflect any such correction plus interest as provided in Section 8.4.
Subsequent Adjustments. If at any time after any adjustment of the Aggregate Number shall have been made pursuant to Section 6(a)(iv) or (v) hereof on the basis of the issuance of warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or ri...
Subsequent Adjustments. Regardless of the date set for the Final Settlement, Buyer and Seller agree that their intent is to allow for the earliest practical forwarding of revenue and reimbursement of expenses between them, and Seller and Buyer recognize that either may receive funds or pay expenses after the Final Settlement Date which are properly the property or obligation of the other. Therefore, upon receipt of net proceeds or payment of net expenses due to or payable by the other party hereto, whichever occurs first, Seller or Buyer, as the case may be, shall submit a statement to the other party hereto showing the relevant items of income and expense. Payment of any net amount due by Seller or Buyer, as the case may be, on the basis thereof shall be made within ten days of receipt of the statement.
Subsequent Adjustments. If any settlement with the Internal Revenue Service, foreign, state or local tax authority or court decision which has become final results in any adjustment to any item of income, deduction, loss or credit to the VHI Group in respect of any taxable period subject to this Agreement, which, in any such case, affects or relates to any member of the NL Group as constituted during such taxable period, the NL Tax Group Liability shall be redetermined to give effect to such adjustment as if it had been made as part of or reflected in the original computation of the NL Tax Group Liability and proper adjustment of amounts paid or owing hereunder in respect of such liability and allocation shall be promptly made in light thereof.
Subsequent Adjustments. In the event that the Assuming Bank or the Receiver discovers any errors or omissions as contemplated by Section 8.2 or any error with respect to the payment made under Section 8.3 after the Settlement Date, the Assuming Bank and the Receiver agree to provide written notification of such errors and omissions and any payments as may be necessary to reflect any such correction (a “Subsequent Adjustment Notice”) and, subject to Section 8.6, promptly correct any such errors or omissions and make any payments as may be necessary to reflect any such correction plus interest as provided in Section 8.4.
Subsequent Adjustments. In the event that, as a result of an adjustment made pursuant to subsections (a) through (e), the Holder shall become entitled to receive any shares of capital stock of the Company other than shares of Common Stock, the number of such other shares so receivable upon the exercise of this Warrant shall be subject thereafter to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions contained herein.
Subsequent Adjustments. If for any taxable period (or portion thereof) ---------------------- for which a Consolidated Return is filed pursuant to this Agreement, the Tax liability (or any component thereof) as reported on such Consolidated Return is adjusted, including, without limitation, by means of an amended return, a claim for refund, notification of audit changes, or an audit by the relevant Taxing Authority, then the liabilities of the TWDC Separate Group, the TWDC Group and the Holding Company Group shall be recomputed under the relevant sections of this Agreement to give effect to those adjustments as if such adjustments had been part of the original determination of the consolidated income Tax liability. In the case of a refund payable to a member of the TWDC Separate Group or the Holding Company Group, TWDC (or any other entity designated by TWDC) or Holding Company, as the case may be, shall make payment to the other of such group's share of the refund within five (5) business days after the refund is received by such group. In the case of an increase in Tax liability, Holding Company shall pay to TWDC (or any other entity designated by TWDC) its share of such increased Tax liability at least five (5) business days prior to the date on which the relevant TWDC Group member would expect to pay such Tax liability to the relevant Taxing Authority. If any interest is to be paid as a result of any Tax deficiency with respect to a Consolidated Return, that interest shall be allocated to each of the TWDC Separate Group and the Holding Company Group in the ratio that each such group's positive change in Tax liability bears to the total change in the Tax liability, but not to exceed the amount of the interest to be paid to the relevant Taxing Authority. If any interest is to be received as a result of any Tax refund with respect to a Consolidated Return, that interest shall be allocated to each of the TWDC Separate Group and the Holding Company Group in the ratio that each such group's negative change in Tax liability bears to the total change in the Tax liability, but not to exceed the amount of the interest to be received from the relevant Taxing Authority. If any penalty is to be paid with respect to a Consolidated Return as a result of any Tax deficiency, that penalty shall be allocated to the TWDC Separate Group or the Holding Company Group, as the case may be, whose income resulted in the imposition of such penalty.
Subsequent Adjustments. If taking into account subsequent ---------------------- events (including, for example, carrybacks of other foreign tax credits and Final Determinations that affect foreign tax credit computations), and taking into account any previous adjustments pursuant to this Section 5.11(c), one of the parties determines that it did not receive any portion of the Tax Benefit for which it previously had made a payment to the other party pursuant to paragraph (a) or (b) of this Section 5.11, Agilent shall pay Hewlett-Packard, or Hewlett-Packard shall pay Agilent, as appropriate, an amount such that the net payment (if any) equals the portion of the net Tax Benefit (taking into account such subsequent events) specified in paragraph (a) or (b) of this Section 5.11.
Subsequent Adjustments. The adjustment provisions of this Section 11 shall be applied successively and from time to time as the circumstances requiring such adjustments shall occur. If as a result of an adjustment made pursuant to this Section 11 (except as otherwise specifically provided herein) the Holder of any Warrants thereafter surrendered for conversion shall be entitled to receive any securities other than shares of Common Stock, the number and kind of the securities issuable upon exercise of the Warrants and the Exercise Price therefor shall be subject to adjustment, from time to time, in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 11.
Subsequent Adjustments. Assignment country government or US Internal Revenue Service or State government examinations of expatriate income tax returns are not uncommon. When they occur, the year-end US or local tax equalisation for that year will be recomputed, if necessary, with adjustments made as appropriate.
