Common use of Base Fine Clause in Contracts

Base Fine. Based upon USSG § 8C2.4(a)(1) and (d), the base fine is $28,500,000 (the fine indicated in the Offense Level Fine Table ($28,500,000) is used where such number is greater than the pecuniary gain to the organization from the offense (approximately $24,000,000)).

Appears in 3 contracts

Samples: www.justice.gov, www.gibsondunn.com, amlawdaily.typepad.com

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Base Fine. Based upon USSG § 8C2.4(a)(1) and (d), the base fine is $28,500,000 25,000,000 (the fine indicated in the Offense Level Fine Table ($28,500,000) is used where such number is greater than the pecuniary gain to the organization from the offense (approximately $24,000,000Table)).

Appears in 3 contracts

Samples: Deferred Prosecution Agreement, Deferred Prosecution Agreement, Deferred Prosecution Agreement

Base Fine. Based upon USSG § 8C2.4(a)(1) and (d), the base fine is $28,500,000 72,500,000.00 (the fine indicated in the Offense Level Fine Table ($28,500,000) is used where such number is greater than the pecuniary gain to the organization from the offense (approximately $24,000,000Table)).

Appears in 2 contracts

Samples: Deferred Prosecution Agreement, Arthrocare Corp

Base Fine. Based upon USSG § 8C2.4(a)(1) and (d), the base fine is $28,500,000 50,000,000 (the fine indicated in the Offense Level Fine Table ($28,500,000) is used where such number is greater than the pecuniary gain to the organization from the offense (approximately $24,000,000Table)).

Appears in 2 contracts

Samples: Prosecution Agreement, Deferred Prosecution Agreement

Base Fine. Based upon USSG § §8C2.4(a)(1) and (d), the base fine is $28,500,000 6,300,000 (the fine indicated in the Offense Level Fine Table ($28,500,0006,300,000) is used where such number is greater than the pecuniary gain to the organization from the offense (approximately $24,000,000)880,000).

Appears in 2 contracts

Samples: www.justice.gov, www.gibsondunn.com

Base Fine. Based upon USSG § 8C2.4(a)(18C2.4(a)(l) and (d), the base fine is $28,500,000 13,500,000 (the fine indicated in the Offense Level Fine Table ($28,500,00013,500,000) is used where such number is greater than the pecuniary gain to the organization from the offense (approximately $24,000,0004,400,000)).

Appears in 2 contracts

Samples: Biomet Inc, LVB Acquisition, Inc.

Base Fine. Based upon USSG § 8C2.4(a)(1) and (d8C2.4(a)(3), the base fine is $28,500,000 311,737,008 (the fine loss from the offense, which is greater than the amount indicated in the Offense Level Fine Table ($28,500,000) is used where such number is greater than the pecuniary gain to the organization from the offense (approximately $24,000,000Table)).

Appears in 2 contracts

Samples: Deferred Prosecution Agreement, Deferred Prosecution Agreement

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Base Fine. Based upon USSG § 8C2.4(a)(1) and (d), the base fine is $28,500,000 80,000,000 (the fine indicated in the Offense Level Fine Table ($28,500,000) is used where such number is greater than the pecuniary gain to the organization from the offense (approximately $24,000,000Table)).

Appears in 1 contract

Samples: Deferred Prosecution Agreement (Celadon Group Inc)

Base Fine. Based upon USSG § 8C2.4(a)(1) and (d8C2.4(a)(2), the base fine is $28,500,000 5,820,100 (as the pecuniary gain exceeds the fine indicated in the Offense Level Fine Table (Table, namely $28,500,000) is used where such number is greater than the pecuniary gain to the organization from the offense (approximately $24,000,0004,800,000)).

Appears in 1 contract

Samples: Prosecution Agreement (Zimmer Biomet Holdings, Inc.)

Base Fine. Based upon USSG §§ 8C2.4(a)(1) and & (de)(1), the base fine is $28,500,000 10,500,000 (the fine indicated in amount from the Offense Level Fine Table ($28,500,000) is used where such number of the 2014 USSG, which is greater than the pecuniary loss from the offense and the gain to the organization Company from the offense (approximately $24,000,000)offense).

Appears in 1 contract

Samples: Deferred Prosecution Agreement (Avanos Medical, Inc.)

Base Fine. Based upon USSG § 8C2.4(a)(1) and (d), the base fine is $28,500,000 10,500,000 (fine corresponding to the fine indicated in the Base Offense Level Fine Table ($28,500,000) is used where such number is greater than the pecuniary gain to the organization from the offense (approximately $24,000,000)as provided in Offense Level Table).

Appears in 1 contract

Samples: Prosecution Agreement (Transocean Ltd.)

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