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CUMULATIVE TOTAL RETURN Sample Clauses

CUMULATIVE TOTAL RETURN. The "CUMULATIVE TOTAL RETURN" means the sum (net of all transaction and valuation costs) of (i) all dividends and other distributions (including management fees) paid to the Investors with respect to Common Parent Shares and Preferred Parent Shares, (ii) the gross proceeds of any sale of Common Parent Shares and Preferred Parent Shares by any of the Investors, and (iii) solely for purposes of determining Cumulative Total Return as of the eighth anniversary of the Closing, the fair market value of the Common Parent Shares and Preferred Parent Shares held by the Investors on the eighth anniversary of the Closing (the "FAIR MARKET VALUE"), which will be determined by the Compensation Committee in its sole reasonable discretion. Notwithstanding anything in this Agreement to the contrary, upon a corporate transaction in which all of the Common Parent Shares and Preferred Parent Shares are converted into the right to receive cash, Cumulative Total Return shall be finally determined and there shall be no further opportunity to vest in any Performance Shares. The "INVESTORS" means each of the members of the Investor Group as defined in the Shareholders Agreement.
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CUMULATIVE TOTAL RETURN. The “CUMULATIVE TOTAL RETURN” means the sum (net of all transaction and valuation costs) of (i) all dividends and other distributions (including the aggregate amount of the Quarterly Management Fee Payments (as defined in the LLC Agreement), but specifically excluding tax distributions and expense reimbursement payments) paid to the Investors with respect to the Class A Units, (ii) the gross proceeds of any sale of Class A Units by any of the Investors, and (iii) solely for purposes of determining Cumulative Total Return as of the fifth anniversary of the Closing, the fair market value of the Class A Units held by the Investors on the fifth anniversary of the Closing, which will be determined by a nationally recognized third party valuation firm selected by the Managing Member. Notwithstanding anything in this Agreement to the contrary, upon a Significant Event Cumulative Total Return shall be finally determined and there shall be no further opportunity to vest in any Performance Units.
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CUMULATIVE TOTAL RETURN. The "CUMULATIVE TOTAL RETURN" means the sum (net of all transaction and valuation costs) of (i) all dividends and other distributions, but specifically excluding tax distributions and expense reimbursement payments) paid to the Company with respect to the Class A Units, (ii) the gross proceeds of any sale of Class A Units by the Company, and (iii) solely for purposes of determining Cumulative Total Return as of the Test Date, the fair market value of the Class A Units held by the Company on the Test Date, which will be determined by a nationally recognized third party valuation firm selected by the Company. Notwithstanding anything in this Agreement to the contrary, upon a Significant Event Cumulative Total Return shall be finally determined and there shall be no further opportunity to vest in any Performance Units.
Sample 1
CUMULATIVE TOTAL RETURN. The “Cumulative Total Return” means the sum (net of all transaction and valuation costs) of (i) all dividends and other distributions (including management fees) paid to the Investors with respect to Parent Common Shares and shares of preferred stock in Parent beginning from January 28, 2005 (“Parent Preferred Shares”), (ii) the gross proceeds of any sale of Parent Common Shares and Parent Preferred Shares by any of the Investors, and (iii) solely for purposes of determining Cumulative Total Return as of the eighth (8th) anniversary of the Effective Date, the fair market value of the Parent Common Shares and Parent Preferred Shares held by the Investors on the eighth (8th) anniversary of the Effective Date (the “Fair Market Value”), which will be determined by the Compensation Committee in its sole reasonable discretion. Notwithstanding anything in this Agreement to the contrary, upon a
Sample 1
CUMULATIVE TOTAL RETURN. The "Cumulative Total Return" means the sum (net of all transaction and valuation costs) of (i) all dividends and other distributions (including management fees) paid to the Investors with respect to Common Parent Shares and Preferred Parent Shares, (ii) the gross proceeds of any sale of Common Parent Shares and Preferred Parent Shares by any of the Investors, and (iii) solely for purposes of determining Cumulative Total Return as of the eighth anniversary of the Closing, the fair market value of the Common and Preferred Parent Shares held by the Investors on the eighth anniversary of the Closing (the "Fair Market Value"), which will be determined by the Compensation Committee in its sole reasonable discretion. Notwithstanding anything in this Agreement to the contrary, upon a corporate transaction in which all of the Common Parent Shares and Preferred Parent shares are converted into the right to receive cash, Cumulative Total Return shall be finally determined and there shall be no further opportunity to vest in any Performance Shares. The "Investors" means each of the members of the Investor Group as defined in the Shareholders Agreement.
Sample 1

Related to CUMULATIVE TOTAL RETURN

  • Carry Forward to a Subsequent Year If you do not withdraw the excess contribution, you may carry forward the contribution for a subsequent tax year. To do so, you under-contribute for that tax year and carry the excess contribution amount forward to that year on your tax return. The six percent excess contribution penalty tax will be imposed on the excess amount for each year that it remains as an excess contribution at the end of the year. You must file IRS Form 5329 along with your income tax return to report and remit any additional taxes to the IRS.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • Equipment Return You may use the Leased Equipment provided under this plan only while you remain an active customer in good standing and in compliance with this Agreement (including, without limitation, the RCA). You must return all Leased Equipment in good operating condition, normal wear and tear excepted, within 30 days following cancellation or disconnection of your DISH service or disconnection of your Leased Equipment. If you acquired your Leased Equipment from a retailer, then you must return all Leased Equipment to: (A) your original retailer, if such cancellation or disconnection of your DISH service or disconnection of your Leased Equipment occurs during the first 30 days following your initial activation of programming; or (B) DISH, if such cancellation or disconnection of your DISH service or disconnection of your Leased Equipment occurs after such 30-day period. You are responsible for and shall bear all costs, expenses and risk of returning your Leased Equipment, including, without limitation, risk of loss during shipment. You are not responsible under the terms and conditions of this Agreement for the return of equipment other than your Leased Equipment. Following cancellation or disconnection of your DISH service or disconnection of your Leased Equipment (unless you acquired your Leased Equipment from a retailer and the cancellation or disconnection of your DISH service or disconnection of your Leased Equipment occurs during the first 30 days following your initial activation of programming and you returned Leased Equipment to such retailer within 30 days following cancellation or disconnection of your DISH service or disconnection of your Leased Equipment), DISH will send you one or more return labels or empty boxes (depending on your Leased Equipment) to be used by you in returning your Leased Equipment and DISH will charge you up to $20.00 for each such return label or empty box (“Box Return Fee”). The BoxReturn Fee is subject to change at any time. Unless you are a resident of a Remote Area of Alaska, you also have the option of contacting DISH by calling 000-000-XXXX (000-000-0000) to request that DISH or our designee(s) perform an in-home service call to remove your Leased Equipment at DISH’s then-current in-home service call rate, which rate is subject to change at any time. Leased Equipment will not be deemed returned until received by DISH. DISH Protect is an optional service program currently priced as set forth in the table below. DISH Protect is offered in two (2) plans: Dish Protect and Plus. The services offered in each plan can be viewed at xxxxxx.xxx/xxxxxxxxxxx. If you enroll in a DISH Protect plan, you will receive an initial six (6) month trial offer of DISH Protect if you are eligible and if such plans are otherwise available to you at the time you sign this Agreement. During the trial offer period, you will be charged the monthly Trial Offer Price set forth below. By signing above, you are accepting the terms of this trial offer and understand that you may cancel or change your DISH Protect plan at any time by calling 000- 000-XXXX (3474) or by emailing xxxxxxxxxxxxxxxxxxxxxxxx@xxxx.xxx. You also agree that if you do not cancel your DISH Protect plan during the initial six (6) month trial offer period, DISH will automatically begin billing you the then-current monthly Regular Price of your DISH Protect plan upon the expiration of the six (6) month trial offer period until you cancel your DISH Protect plan. Not all DISH Protect plans are available to all customers. DISH Protect is not available to residents of Remote Areas of Alaska and/or residents of some Shared Dish MDU Properties. If you reside in a Shared Dish MDU Property and you are not sure if you qualify for DISH Protect, then please call 000-000-0000 to determine if you qualify. DISH Protect $11.99 $0.00 DISH Protect Plus $11.99 $0.00

  • NET INVESTMENT FACTOR The Net Investment Factor for any Subaccount as of the end of any Valuation Period is determined by dividing (1) by (2) and subtracting (3) from the result, where:

  • Return Amount Subject to Paragraph 3 and Paragraph 4, upon a demand made by the Transferor on or promptly following a Valuation Date, if the Return Amount for that Valuation Date equals or exceeds the Transferee’s Minimum Transfer Amount, then the Transferee will transfer to the Transferor Equivalent Credit Support specified by the Transferor in that demand having a Value as of the date of transfer as close as practicable to the applicable Return Amount (rounded pursuant to Paragraph 11(b)(iii)(D)) and the Credit Support Balance will, upon such transfer, be reduced accordingly. Unless otherwise specified in Paragraph 11(b), the “Return Amount” applicable to the Transferee for any Valuation Date will equal the amount by which: (i) the Value as of that Valuation Date of the Transferor’s Credit Support Balance (adjusted to include any prior Delivery Amount and to exclude any prior Return Amount, the transfer of which, in each case, has not yet been completed and for which the relevant Settlement Day falls on or after such Valuation Date). exceeds (ii) the Credit Support Amount.

  • PERCENTAGE GOAL The goal for Historically Underutilized Business (HUB) participation in the work to be performed under this contract is 23.7 % of the contract amount.

  • Cost Share Federal and provincial governments support AgriInsurance programs by paying all administration expenses and sharing premium costs with the Insured.

  • Reallocation to a Class with a Lower Salary Range Maximum 1. If the employee meets the skills and abilities requirements of the position and chooses to remain in the reallocated position, the employee retains the existing appointment status and has the right to be placed on the Employer’s internal layoff list for the classification occupied prior to the reallocation. 2. If the employee chooses to vacate the position or does not meet the skills and abilities requirements of the position, the layoff procedure specified in Article 31 of this Agreement applies.

  • Step Increases (a) The following is the method used to determine service credit, since the last date of hire, for purposes of positioning on the salary range: i) all continuous service shall be retained and transferred with the employee if she/he changes her/his status from full-time to part- time and vice versa. ii) a part-time employee who changes status to full-time will be given credit on the basis of fifteen hundred (1500) paid hours of part- time being equivalent to one (1) year of full-time service and vice versa. iii) in addition, an employee who is so transferred will be given credit for paid hours accumulated since the date of last advancement. (b) Annual increments for full-time employees shall be paid on their anniversary date. (c) Annual increments for part-time employees shall be paid on the completion of each fifteen hundred (1500) hours worked.

  • Alternative Index In the event that the Index for any Mortgage Loan, as specified in the related Mortgage Note, becomes unavailable for any reason, the Master Servicer shall select an alternative index, which in all cases shall be an index that constitutes a qualified rate on a regular interest under the REMIC Provisions, in accordance with the terms of such Mortgage Note or, if such Mortgage Note does not make provision for the selection of an alternative index in such event, the Master Servicer shall, subject to applicable law, select an alternative index based on information comparable to that used in connection with the original Index and, in either case, such alternative index shall thereafter be the Index for such Mortgage Loan.

Most Referenced Clauses

Most Referenced Definitions