Retroactive Adjustment. No decision reached in any case shall create a basis of retroactive adjustment in any other case unless such case has been designated as a representative case by mutual written agreement by the parties. Multiple grievances may be presented at an arbitration hearing solely by mutual agreement of the parties.
Retroactive Adjustment. Within forty-five (45) days of the Effective Date, the Customer shall pay to the Company such amounts that are due and owing to the Company as a result of the application of Paragraphs 3.1, 3.3 and 3.5 herein.
Retroactive Adjustment. The supply price shall be determined based on the average NET SALES of the immediately preceding CALENDAR QUARTER; provided, however, that if the actual amount of the NET SALES is not available, an estimated NET SALES shall be used for the calculation of the supply price and the necessary retroactive adjustment shall be made immediately after the actual amount of the NET SALES becomes available.
Retroactive Adjustment. Beginning with the first calculation of Transfer Price, finalized in accordance with the preceding Paragraph 2, and continuing thereafter with each such Transfer Price calculation, TGC shall calculate a retroactive adjustment as if such Transfer Price had been applied to Medeva's purchases of Bulk Licensed Product from TGC during the period from which Net Sales Value was derived (the "Adjustment Period"). However, with regard to the first such calculation of Transfer Price, such retroactive adjustment will be calculated as if such Transfer Price had been applied to Medeva's purchases of Bulk Licensed Product for the period beginning with the first shipment of Bulk Licensed Product to Medeva for use in the manufacture of Licensed Products for commercial sale and ending on the last day of the six-month period from which Net Sales Value was derived for the respective Transfer Price calculation (the "Initial Adjustment Period"). Each such retroactive adjustment shall be paid by TGC or Medeva, as the case may be, no later than one hundred twenty (120) days after the end of the respective Adjustment Period or Initial Adjustment Period.
Retroactive Adjustment. The supply price shall be determined based on the average NET SALES of the immediately preceding CALENDAR QUARTER; provided, however, that if the actual amount of the NET SALES is not available, an estimated NET SALES shall be used for the calculation of the supply price and the necessary retroactive adjustment shall be made immediately after the actual amount of the NET SALES becomes available. [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Retroactive Adjustment. The total of all amounts Tenant has paid to Landlord with respect to the Lease for the period from the Effective Date through the date of mutual execution hereof (including Base Rent and amortized Tenant Finish Allowance payments) in excess of the amounts that are payable by Tenant to Landlord for such period under the terms of this Second Amendment (collectively, “Excess Payments”), shall be divided by the number of months then remaining in 2007 and applied as a credit against Rent equally over such months, without interest. For example, assuming this Second Amendment is fully executed in April 2007, the Excess Payments made by Tenant from January — April 2007 total $43,732.00, and the credit Tenant shall receive from May 2007 — December 2007 shall be $5,466.50 per month.
Retroactive Adjustment. Upon execution of this Agreement, the Parties agree to waive any retroactive debits or credits that would be due to either party either under SBP Section 4.1.1 (Interim Extension Pricing) or under Spirit Letter 052013-2013-0011-JDR and any related correspondence as a result of the Unit Billing Prices established in accordance with this Agreement, for payments made to Spirit, or Invoices received by Boeing, from June 1, 2013 through March 31, 2014. Any invoices on or after the Effective Date shall be at the Unit Billing Prices set forth in this Agreement.
Retroactive Adjustment. As soon as practicable after the Approval Date, Flagstar shall adjust the Base Salary, Share Salary and Bonus Shares effective retroactively to the Effective Date, such that for the period from and including the Effective Date through but not including the Approval Date, Executive's Base Salary and Share Salary and Bonus Shares shall be at the annualized rate specified in Sections 1.05(a), 1.05(c) and 1.05(d), respectively, and such additional adjusted amount shall be paid to Executive on the next occurring payroll date.
Retroactive Adjustment. To adjust for the time period that the lower comparable rate was made available to the other customer and not to APL or LTS, CSXI may, at its option, (a) provide APL/LTS with a lump sum refund payment representing the difference in the linehaul rate which APL/LTS had been paying and the adjusted rate times the volume they shipped in the relevant period or (b) reduce the APL/LTS rate for a minimum of the same period of time that such lower linehaul rates were in effect for that other customer prior to the adjustment of the APL/LTS rates (a "Mirror Period"), regardless of any action CSXI may take to modify the linehaul rates of the other entity. For example, if XYZ Company has a lower load/load charge which had been in effect for six months, the reduction in APL's /LTS' load/load charge would apply for a minimum of six months.
Retroactive Adjustment. If, as a result of any restatement of or other adjustment to the financial statements of US Borrower or for any other reason, Borrowers or the Lenders determine that (i) the Leverage Ratio used in the definition “Applicable Margin” or “Applicable Commitment Fee Rate” as calculated by Administrative Borrower as of any applicable date was inaccurate and (ii) a proper calculation of such Leverage Ratio would have resulted in higher pricing for such period, Borrowers shall immediately and retroactively be obligated to pay to Agent for the account of the applicable Lenders or Fronting Lender, as the case may be, promptly on demand by Agent (or, after the occurrence of an actual or deemed entry of an order for relief with respect to any Borrower under the Bankruptcy Code of the United States, automatically and without further action by Agent, any Lender or Fronting Lender), an amount equal to the excess of the amount of interest and fees that should have been paid for such period over the amount of interest and fees actually paid for such period. This paragraph shall not limit the rights of Agent, any Lender or Fronting Lender, as the case may be, under Section 2.2(b), Section 2.3(a) and (b) or under Articles VII or VIII. Borrowers’ obligations under this paragraph shall survive the termination of the Commitments and the repayment of all other Obligations hereunder.
