Common use of Calculation of Profits Clause in Contracts

Calculation of Profits. For the purposes of this Plan, a. Profits shall be defined as Earnings Before Interest and Taxes of the Company, calculated on a consolidated basis in accordance with United States Generally Accepted Accounting Principles (GAAP), with the following exclusions: (1) income or loss related to any charges or credits (whether or not identified as special credits or charges) for unusual, infrequently occurring or extraordinary items as defined by GAAP, including credits or charges for plant closures, business dispositions and asset sales that are not normal operating charges or credits of the Company; (2) any cost or expense associated with the Benefit Trust or other similar vehicle; (3) any cost or expense associated with the Plan or any other profit sharing or similar plan for any of the Company’s employees; (4) any expense attributable to the allocation or contribution of stock to Company employees; (5) any payments, fees or other expenses that are not in the normal course of business paid directly or indirectly to any person or entity who directly or indirectly owns or controls any equity or equity- like interest in the Company; and (6) profits from Excluded Entities as defined in Article One Section A – Parties to the Agreement. b. All transactions between the Company and the Parent or any of its Affiliates shall be conducted on an arms length basis on commercially reasonable terms not less favorable to the Company then those that could be obtained from an unrelated third party.

Calculation of Profits. For the purposes of this Plan, a. Profits shall be defined as Earnings Before Interest and Taxes of the Company, calculated on a consolidated basis in accordance with United States Generally Accepted Accounting Principles (GAAP), with the following exclusions: (1) income or loss related to any charges or credits (whether or not identified as special credits or charges) for unusual, infrequently occurring or extraordinary items as defined by GAAP, including credits or charges for plant closures, business dispositions and asset sales that are not normal operating charges or credits of the Company; (2) any cost or expense associated with the Benefit Trust or other similar vehicle; (3) any cost or expense associated with the Plan or any other profit sharing or similar plan for any of the Company’s employees; (4) any expense attributable to the allocation or contribution of stock to Company employees; (5) any payments, fees or other expenses that are not in the normal course of business paid directly or indirectly to any person or entity who directly or indirectly owns or controls any equity or equity- equity like interest in the Company; and (6) profits from Excluded Entities as defined in Article One One, Section A – Parties to the Agreement. b. All transactions between the Company and the Parent or any of its Affiliates shall be conducted on an arms arm’s length basis on commercially reasonable terms not less favorable to the Company then those that could be obtained from an unrelated third party.

Calculation of Profits. For the purposes of this Plan, a. Profits shall be defined as Earnings Before Interest and Taxes of the Company, calculated on a consolidated basis in accordance with United States Generally Accepted Accounting Principles (GAAP), with the following exclusions: (1) income or loss related to any charges or credits (whether or not identified as special credits or charges) for unusual, infrequently occurring or extraordinary items as defined by GAAP, including credits or charges for plant closures, business dispositions and asset sales that are not normal operating charges or credits of the Company; (2) any cost or expense associated with the Benefit Trust or other similar vehicle; (3) any cost or expense associated with the Plan or any other profit sharing or similar plan for any of the Company’s employees; (4) any expense attributable to the allocation or contribution of stock to Company employees; (5) any payments, fees or other expenses that are not in the normal course of business paid directly or indirectly to any person or entity who directly or indirectly owns or controls any equity or equity- like interest in the Company; and (6) profits from Excluded Entities as defined in Article One Section A – Parties to the Agreement. b. All transactions between the Company and the Parent or any of its Affiliates shall be conducted on an arms arm’s length basis on commercially reasonable terms not less favorable to the Company then those that could be obtained from an unrelated third party.

Calculation of Profits. For the purposes of this Plan, a. Profits shall be defined as Earnings Before Interest and Taxes of the Company, calculated on a consolidated basis in accordance with United States Generally Accepted Accounting Principles (GAAP), with the following exclusions: (1) income or loss related to any charges or credits (whether or not identified as special credits or charges) for unusual, infrequently occurring or extraordinary items as defined by GAAP, including credits or charges for plant closures, business dispositions and asset sales that are not normal operating charges or credits of the Company; (2) any cost or expense associated with the Benefit Trust or other similar vehicle; (3) any cost or expense associated with the Plan or any other profit sharing or similar plan for any of the Company’s employees; (4) any expense attributable to the allocation or contribution of stock to Company employees; (5) any payments, fees or other expenses that are not in the normal course of business paid directly or indirectly to any person or entity who directly or indirectly owns or controls any equity or equity- equity like interest in the Company; and (6) profits from Excluded Entities as defined in the Basic Labor Agreement, Article One One, Section A – Parties to the Agreement. b. All transactions between the Company and the Parent or any of its Affiliates shall be conducted on an arms length basis on commercially reasonable terms not less favorable to the Company then those that could be obtained from an unrelated third party.

Calculation of Profits. For the purposes of this Plan, a. Profits shall be defined as Earnings Before Interest and Taxes of the Company, calculated on a consolidated basis in accordance with United States Generally Accepted Accounting Principles (GAAP), with the following exclusions: (1) income or loss related to any charges or credits (whether or not identified as special credits or charges) for unusual, infrequently occurring or extraordinary items as defined by GAAP, including credits or charges for plant closures, business dispositions and asset sales that are not normal operating charges or credits of the Company; (2) any cost or expense associated with the Benefit Trust or other similar vehicle; (3) any cost or expense associated with the Plan or any other profit sharing or similar plan for any of the Company’s employees; (4) any expense attributable to the allocation or contribution of stock to Company employees; (5) any payments, fees or other expenses that are not in the normal course of business paid directly or indirectly to any person or entity who directly or indirectly owns or controls any equity or equity- equity like interest in the Company; and (6) profits from Excluded Entities as defined in Article One One, Section A – Parties to the Agreement. b. All transactions between the Company and the Parent or any of its Affiliates shall be conducted on an arms length basis on commercially reasonable terms not less favorable to the Company then those that could be obtained from an unrelated third party.