Limitations on Adjustments. No claim shall be made for any Design Contingency costs or Construction Contingency costs in excess of the established contingency account plus and adjustments as specified in Paragraph 4.4.6.1 above by Design-Builder for any reason, including a default by Owner, or payment of additional compensation to Design-Builder, or any other circumstance which would otherwise permit an increase in the Guaranteed Maximum Price under a GMP Change Order. The Program Manager shall not have any jurisdiction to decide any such claim other than to reject and thereby deny such a claim.
Limitations on Adjustments. (i) Except as stated in this Article 7, the Issuer will not adjust the Exchange Rate for the issuance of Ordinary Shares or any securities exchangeable into or exchangeable for Ordinary Shares or the right to purchase Ordinary Shares or such exchangeable or exchangeable securities.
Limitations on Adjustments. If the Purchase Price reduction, which would result from the above provided for procedure, with respect to a particular Asserted Defect does not exceed Forty Thousand Dollars ($40,000.00), no adjustment shall be made for such Asserted Defect pursuant to this Section, and such Asserted Defect shall not be taken into consideration for purposes of the calculation of any reduction pursuant to this Section. If the Purchase Price reduction which would result from the above provided for procedure as applied to all Asserted Defects does not exceed 2% of the Purchase Price (herein called the “Defect Threshold”), then no adjustment of the Purchase Price shall occur, and any Properties which would be excluded by such procedure shall not be excluded. If the Purchase Price reduction which would result from the above provided for procedure as applied to all Asserted Defects for which an adjustment is to be made exceeds the Defect Threshold, the Purchase Price shall be adjusted by the amount of all Asserted Defects for which an adjustment is to be made.
Limitations on Adjustments. (a) Any adjustment of the Basic Rent Percentages pursuant to this Section 4 shall be computed by the Owner Participant in a manner so as to satisfy the requirements of (i) Section 3.5 hereof and (ii) Revenue Procedures 75-21 and 75-28 (to the extent then in effect) and Section 467 of the Code and any regulations effective or proposed thereunder and shall not cause this Lease to be a "disqualified leaseback or long-term agreement" within the meaning of Section 467 of the Code and such regulations; provided that, subject to Section 12.4 of the Participation Agreement, the requirements of Section 4.08 of Revenue Procedure 75-28 (to the extent then in effect) shall be applied, in the case of any adjustment pursuant to Section 4.1, on a prospective basis taking into consideration only Basic Rent payable by the Lessee from and including the first Basic Rent Payment Date as of which the adjustment takes effect.
Limitations on Adjustments. (a) Notwithstanding Sections 3.3 or 3.4 hereof, in no event shall the issuance of either the Interim Additional Shares or the Final Additional Shares result in the Investor purchasing a number of shares hereunder (including the Initial Shares) which exceeds 3,661,772 shares of Common Stock (the "Issuance -------- Limit") (such occurrence, an "Excess Issuance") unless such issuance has been ----- --------------- approved by vote of the Company's stockholders in accordance with Delaware law prior to the date of such issuance (the "Required Approval"). Investor agrees ----------------- to vote all shares of Common Stock held by it, and all shares of Common Stock for which Investor holds proxies with respect to such issuance, in favor of such issuance.
Limitations on Adjustments. 2 3.6 Collar...................................................................4 4. Register of Investor Stock; Restrictions on Transfer of Securities; Removal of Restrictions on Transfer of Investor Stock.....................................4 4.1 Register of Investor Stock...............................................4 4.2 Restrictions on Transfer.................................................4 4.3 Removal of Transfer Restrictions.........................................6 4.4 Standstill...............................................................6 5. Representations and Warranties by the Company.....................................7 5.1 Organization, Standing, etc..............................................7 5.2 Qualification............................................................7
Limitations on Adjustments. (1) (A) Any adjustment of Scheduled Rent pursuant to this Section 4 shall be computed in a manner so as to satisfy the minimum payment requirements of Section 3(f) of this Lease. In addition, any adjustment of Scheduled Rent (due with respect to the Basic Term) pursuant to this Section 4 shall be computed in a manner so as to satisfy the requirements of Sections 4.02(5), 4.07(1) and (2) and 4.08 of Revenue Procedure 75-28, 1975-1 C.B. 752, as in effect on the Delivery Date; provided that the requirements of such Section 4.08 shall be applied, in the case of any adjustment pursuant to this Section 4, on a prospective basis taking into consideration only Scheduled Rent (due with respect to the Basic Term) payable by Lessee from and including the first Rent Payment Date as of which the adjustment takes effect; provided -------- further that any adjustment of Scheduled Rent (due with respect to the Basic ------- Term) shall be governed by the foregoing requirements of Sections 4.07 and/or 4.08 of Revenue Procedure 75-28 only to the extent that Scheduled Rent (due with respect to the Basic
Limitations on Adjustments. The Exercise Price shall be adjusted in accordance with the terms of Section 7.1(d) with respect to only one Dilutive Issuance during the Term of this Warrant.
Limitations on Adjustments. Notwithstanding the foregoing, no adjustment of the Conversion Price shall be made pursuant to this Section 6 with respect to any transaction that would otherwise result in an adjustment to the Conversion Price pursuant to this Section 6 (an “Adjustment Transaction”) to the extent that the Holder of this Note is permitted to participate in such Adjustment Transaction, without conversion of this Note, on the same terms and with the same rights as if the Holder was the holder of the number of shares of Common Stock issuable upon conversion of this Note as of the record date or other applicable relevant date for such Adjustment Transaction. In addition, notwithstanding the foregoing, no adjustment of the Conversion Price shall be made pursuant to this Section 6 as a result of any issuance of Common Stock:
Limitations on Adjustments. Notwithstanding anything herein to the contrary, in no event shall the royalties payable to Palatin for any Product under this Agreement […***…].
