Adjustment Determination. Within sixty (60) days after the Closing Date, Buyer shall prepare and deliver to the Representative a statement setting forth Buyer’s calculation of the Debt Amount, Debt Surplus, if any, or Debt Deficit, if any, Transaction Expenses Amount, Working Capital, Working Capital Surplus, if any, and Working Capital Deficit, if any, in each case as of September 30, 2015 and, based on such calculations, the Adjustment Amount (the “Closing Statement”). If the Representative has any objections to the Closing Statement prepared by Buyer, then the Representative will deliver a detailed written statement (the “Objections Statement”) describing (a) which items on the Closing Statement have not been prepared in accordance with this Agreement, (b) the basis for the Representative’s disagreement with the calculation of such items and (c) the Representative’s proposed dollar amount for each item in dispute, to Buyer within thirty (30) days after delivery of the Closing Statement. If the Representative fails to deliver an Objections Statement within such thirty (30) day period, then the Closing Statement shall become final and binding on all Parties. The Representative shall be deemed to have agreed with all amounts and items contained or reflected in the Closing Statement to the extent such amounts or items are not disputed in the Objections Statement. If the Representative delivers an Objections Statement within such thirty (30) day period, then the Representative and Buyer will use commercially reasonable efforts to resolve any such disputes, but if a final resolution is not obtained within thirty (30) days after the Representative has submitted any Objections Statements, any remaining matters which are in dispute will be resolved by the office of an impartial nationally recognized firm of independent certified public accountants, appointed by mutual agreement of Buyer and the Representative (the “Accountants”). The Accountants will prepare and deliver a written report to Buyer and the Representative and will submit a proposed resolution of such unresolved disputes promptly, but in any event within thirty (30) days after the dispute is submitted to the Accountants. The Accountants’ determination of such unresolved disputes will be final and binding upon all Parties; provided, however, that no such determination shall be any more favorable to Buyer than is set forth in the Closing Statement or any more favorable to the Representative than is proposed in the Objections St...
Adjustment Determination. The OCC will base its decision to adjust the countercyclical capital buffer amount under this section on a range of macro- economic, financial, and supervisory information indicating an increase in systemic risk including, but not lim- ited to, the ratio of credit to gross do- mestic product, a variety of asset prices, other factors indicative of rel- ative credit and liquidity expansion or contraction, funding spreads, credit condition surveys, indices based on 10 The OCC expects that any adjustment will be based on a determination made joint- ly by the Board, OCC, and FDIC.
Adjustment Determination. To the extent that the foregoing adjustments relate to securities of the Company, such adjustments shall be made by the Company, whose determination shall be conclusive and binding on all persons. In computing any adjustment under this Section 5.2, any fractional Share which might otherwise become subject to an Award shall be eliminated.
Adjustment Determination. As soon as possible subsequent to the Closing Date, but in no event later than sixty (60) days following the Closing Date, the Statement of Adjustments shall be prepared by the Buyer by setting out the values as at February 28, 1998 of the assets and liabilities listed on the Statement of Adjustments. Such values shall be determined in accordance with generally accepted accounting principles consistently applied, using methodologies consistent with those employed historically by the Seller, in particular the methodologies employed by the Seller in determining the values of such assets and liabilities as at November 30th, 1997 and as at January 31, 1998 which were recorded in the books and records of the Seller. For greater certainty, provisions for claims and deferred revenue shall be determined for the purposes of the Statement of Adjustments based on methodologies consistent with those employed historically by the Seller, and adjustments shall be made without duplication of the adjustments made pursuant to the mutual undertakings to adjust in respect of utilities, etc. exchanged between the parties at Closing and any adjustment to the price for the Real Property under subsection 9.g. of this letter agreement. For greater certainty, in the determination of the Payable Mutual Life reflected in Schedule 'K', all Mutual Life experience-rated refunds shall be properly reflected on the Schedule 'K' Statement of Adjustments in accordance with generally accepted accounting principles. No actual cheque or bank draft was received by DAA in the month of February, 1998.
Adjustment Determination. The OCC will base its decision to adjust the countercyclical capital buffer amount under this section on a range of macro- economic, financial, and supervisory information indicating an increase in systemic risk including, but not lim- ited to, the ratio of credit to gross do- mestic product, a variety of asset prices, other factors indicative of rel- ative credit and liquidity expansion or contraction, funding spreads, credit condition surveys, indices based on credit default swap spreads, options implied volatility, and measures of sys- temic risk. dividual, where the borrower resides).
Adjustment Determination. (1) The next step in the Great Lakes pilot- age ratemaking methodology is to insert the results from steps 1, 2, 3, and 4 into a formula that is based on a basic regulatory rate structure, and comparing the results to step
Adjustment Determination. The Board will base its decision to adjust the countercyclical capital buffer amount under this section on a range of macroeconomic, financial, and su- pervisory information indicating an in- crease in systemic risk including, but not limited to, the ratio of credit to gross domestic product, a variety of asset prices, other factors indicative of relative credit and liquidity expansion or contraction, funding spreads, credit condition surveys, indices based on credit default swap spreads, options implied volatility, and measures of sys- temic risk.
Adjustment Determination. Both before and after the Closing Date, the Vendors and the Purchaser will use their best efforts to determine all adjustments.
Adjustment Determination. Both before and after the Closing Date, QLT and the Purchaser will use their best efforts to determine all adjustments.
