ALLOCATION OF BENEFITS. Upon election of a variable payment plan, the Owner or direct or contingent beneficiary may select the allocation of variable benefits among the Divisions. If no selection is made, the allocation of benefits will be as follows: - for amounts in the Separate Account Divisions, benefits will be allocated in proportion to the Accumulation Value of each Division on the effective date of the variable payment plan, and - for amounts in the Guaranteed Interest Fund, benefits will be allocated 100% to the Money Market Division.
ALLOCATION OF BENEFITS. If as a result of or in settlement of any Tax Contest, any adjustments shall be made to any Tax Returns relating to Income Tax of the Biotechnologies Group or the BioPharma Group for any period in which one of the parties was responsible for all or a portion of such Income Tax, and if such adjustment results in both Tax Detriment to one party or its subsidiaries and Tax Benefit to the other party or its subsidiaries, then the party receiving the Tax Benefit shall pay to the party subject to the Tax Detriment the amount of such Tax Benefit at such time or times as and to the extent that the party receiving the Tax Benefit realizes such benefit through a refund of Tax or reduction in the amount of Tax which would otherwise be paid if such adjustment had not been made.
ALLOCATION OF BENEFITS. Variable annuity benefits may be paid from any of the Divisions of the Separate Account described in Section 2.1. Under a variable payment plan, the annuitant must select the initial allocation of variable benefits among the Divisions. The annuitant may make transfers between payment plans subject to the terms set forth in Section 7.4.
ALLOCATION OF BENEFITS. (a) During the Term and the term of the Resorts VC Agreement (the “Resorts Term”), Resorts and LVH agree that the costs of all benefits provided to Ribis in accordance with the provisions of Article VII of the Resorts VC Agreement and Article VIII of the LVH VC Agreement, shall be allocated between Resorts and LVH annually, based on the proportion of business time Ribis dedicates to each of Resorts and LVH, each calendar year during the Term and the Resorts Term, as Resorts and LVH shall agree in accordance with the provisions of this Section 2.
(b) Promptly after end of each calendar year during the Term and the Resorts Term, each of LVH and Resorts, respectively, shall cause Ribis to submit a written notification (the “Ribis Notice”) to each such entity specifying the proportion of Ribis’ business time dedicated to such entity during the prior calendar year.
(c) Promptly following receipt of the Ribis Notice, each party hereto shall forward a copy of the Ribis Notice it received to the other party along with a summary of the cost to such entity of the benefits and perquisites provided to Ribis under the applicable VC Agreement.
(d) Within ten (10) days following the receipt of the Ribis Notice from Resorts, LVH shall caused to be prepared and delivered to Resorts, a schedule (the “Allocation Schedule”), which allocates the aggregate cost of Ribis’ benefits and perquisites under the VC Agreements, to each of LVH and Resorts based on the proportion of business time Ribis dedicated to each of Resorts and LVH, in the prior calendar year, as disclosed in the Ribis Notices and the aggregate cost of benefits and perquisites paid by each entity to Ribis during the prior calendar year under the terms of the applicable VC Agreement.
(e) In the event Resorts shall disagree with the Allocation Schedule, it shall, with ten (10) days after its receipt of the Allocation Schedule, notify LVH of such disagreement in writing, setting forth in detail the particulars of such disagreement. In the event Resorts does not provide such notice of disagreement within such ten (10) day period, Resorts shall be deemed to have accepted the Allocation Schedule. In the event such disagreement notice is timely provided, Resorts and LVH, shall use their reasonable best efforts for a period of ten (10) days (or such longer period as they may mutually agree) to resolve any disagreements with respect to calculations contained in the Allocation Schedule. If, at the end of such period, they a...
ALLOCATION OF BENEFITS. (i) Shareholders shall be entitled to the benefits of any refunds or credits of federal, state, local or foreign income taxes (including any interest paid thereon) with respect to Company for any taxable period ended on or prior to the Closing Date. If any adjustments shall be made to any federal, state, local or foreign income tax returns relating to Company for any such period which result in any tax detriment to Shareholders and any tax benefits to Company or Buyer for any taxable period ending after the Closing Date, Shareholders shall be entitled to the benefit of such tax benefit to the extent of such detriment, and Buyer shall pay to Shareholders the amount of such tax benefit at such time or times as and to the extent that Company or Buyer realizes such benefit through a refund of tax or reduction in the amount of taxes which Company or Buyer would otherwise have had to pay if such adjustment had not been made.
(ii) Buyer shall be entitled to the benefit of any refunds or credits of federal, state, local, or foreign income taxes (including any interest paid thereon) with respect to Company for any taxable period ending after the Closing Date. If any adjustments shall be made to any federal, state, local, or foreign income tax returns relating to Company for any such period which result in any tax detriment to Buyer or Company with respect to such period and any tax benefits to Shareholders for any tax period ended on or before the Closing Date, Buyer shall be entitled to the benefit of such tax benefit to the extent of such detriment, and Shareholders shall pay to Buyer the amount of such tax benefit at such time or times as and to the extent that Shareholders realize such benefit through a refund of tax or reduction in the amount of taxes which Shareholders would otherwise have had to pay if such adjustment had not been made.
ALLOCATION OF BENEFITS. If as a result of or in settlement of any Tax Contest, any adjustments shall be made to any Tax Returns relating to Income Tax of the Controlled Group or the Distributing Group for any period in which Distributing was responsible for all or a portion of such Income Tax, and if such adjustment results in both (x) any Tax Detriment to Distributing or any Affiliate of Distributing and (y) any Tax Benefit to which the Controlled Group is entitled, then Controlled shall pay to Distributing the amount of such Tax Benefit at such time or times as and to the extent that the Controlled Group realizes such benefit through a refund of Tax or reduction in the amount of Tax which the Controlled Group would otherwise have had to pay if such adjustment had not been made. For purposes of clause (x), an Affiliate of Distributing shall include (but not be limited to) members of the Controlled Group with respect to (a) Controlled
ALLOCATION OF BENEFITS. 4.3.1 For each monthly accounting period, all benefits attained through NCPA's administration of assigned Base Resource Percentages shall be-allocated to Assignor proportionately to (i) the number of days that its Assignment Administration Agreement is in force that month, i.e., the fraction of the month Agreement is in force, and (ii) the amount of Base Resource Energy attributed to Assignor hereunder.
4.3.1.1 One-half of any benefits shall be allocated to that group of Assignors providing Base Resource Energy in excess of their own load (Group E), and the remaining one-half of benefits shall be allocated to that group of Assignors whose load exceeds the Base Resource Energy they have assigned (Group S).
4.3.2 Each individual Assignor within either Group E or Group S shall receive a share of the group's benefit proportional to its contribution to the group's excess energy or excess load respectively.
ALLOCATION OF BENEFITS. 28 (d) Audits...................................................................... 29 (e) Cooperation................................................................. 29 (f) Affidavit Regarding Real Property Holding Corporation....................... 29 4.16
ALLOCATION OF BENEFITS. The total Profit Sharing Contribution shall be divided equally among eligible employees, as determined under the Eligibility clause. Eligible employees or their beneficiaries who retire, die, go on military, pregnancy, union or sick leave, or are laid off during a Plan Year will receive their applicable profit sharing check for the Plan Year the event occurs.
ALLOCATION OF BENEFITS. Under a variable payment plan, the Annuitant may select the allocation of variable benefits among the Divisions. If no selection is made, the allocation will be in proportion to the values of Accumulation Units in each Division from which payment is made on the effective date of the variable payment plan.
