De minimis exception. If less than 10 percent of a C corporation’s earnings and profits for a taxable year are de- rived from activities that would produce passive investment income if the C corporation were an S corpora- tion, all earnings and profits produced by the corporation during that taxable year are considered active earnings and profits.
De minimis exception. No adjustment in the Exercise Price shall be required if such adjustment is less than $.05; provided, however, that any adjustments which by reason of this paragraph 3 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this paragraph 3 shall be made to the nearest cent or to the nearest one-thousandth of a share, as the case may be.
De minimis exception. (i) A card issuer is not required to submit any credit card agreements to the Bureau if the card issuer had fewer than 10,000 open credit card accounts as of the last business day of the calendar quarter.
(ii) If an issuer that previously quali- fied for the de minimis exception ceases to qualify, the card issuer must begin making quarterly submissions to the Bureau no later than the first quar- terly submission deadline after the date as of which the issuer ceased to qualify.
(iii) If a card issuer that did not pre- viously qualify for the de minimis ex- ception qualifies for the de minimis ex- ception, the card issuer must continue to make quarterly submissions to the Bureau until the issuer notifies the Bu- xxxx that the card issuer is with- drawing all agreements it previously submitted to the Bureau.
De minimis exception. No adjustment in the Exercise Price shall be required unless such adjustment would require an increase or decrease of at least 1% of the Exercise Price per Share; PROVIDED, that any adjustments which by reason of this Section 7(d) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 7 shall be made to the nearer cent or to the nearer one-hundredth of a Share, as the case may be. The Company shall not be required to issue any fractional share, but any fractional share interest shall be paid in cash equal to the fair market value of the applicable percentage of a share in lieu thereof or, at the Company's election, paid in a fractional or whole Share.
De minimis exception. Notwithstanding the above, if the fair market value (determined as the Plan Valuation Date immediately preceding the first day on which a Qualified Participant is eligible to make an election) of Stock acquired by or contributed to the Plan and allocated to a Qualified Participant's Account is $500 or less, then such Stock shall not be subject to this section.
De minimis exception. The Company agrees that with regard to Executive’s covenants in subsections (i), (ii), (iii), (iv), and (v) of Section 8.(a), Executive will have a de minimis exception defense to the Executive’s actionable breach or violation of such covenant, such that to invoke and benefit from the exception Executive shall bear the burden of proof in both court and arbitration that Executive’s breach or violation was truly, as a matter of fact and of law, de minimis under the totality of the circumstances, which include, for example, among other relevant indicia, that Executive’s breach or violation was unintentional, inadvertent, never known in the public domain, or potential competition or solicitation was never realized.
De minimis exception. Except for the obligations of the parties hereto under Sections 8.4 and 8.5, Losses that do not exceed US$25,000, whether incurred as a result of a single incident or a series of related incidents, shall not be considered Losses for purposes of determining whether an indemnification obligation exists; provided, however, that the limitation contained in this Section 8.6 shall not be applicable to the payment obligations contained in Section 3.6, Section 3.10 or any assumption of the Transferred Liabilities. If a Loss or series of related Losses exceeds US$25,000, the entire Loss, and not just the amount of the Loss in excess of US$25,000, shall be subject to the indemnification obligations hereunder.
De minimis exception. (a) shall not prohibit any -------------------- SFEC Affiliate from making a passive investment that is (i) a direct or indirect interest in an entity that, as less than 5% of its business, has facilities that Directly Compete with the Amusement Park, (ii) a 5% or less interest in any entity that has a cost basis of less than $250,000, or (iii) a non-controlling interest that represents less than 5% of any publicly traded entity that Directly Competes with the Amusement Park.
De minimis exception. The Borrower shall not be required to grant a security interest in any item of Project Property described in Section 3.01(b) (currently owned real property), 3.01(c) (motor vehicles), 3.01(d) (currently owned equipment, machinery and
(a) (ii) (after acquired equipment, machinery and other tangible personal property), 3.02(b) (after acquired trademarks), 3.02(d) (after acquired real property), 3.02(f) (after acquired motor vehicles) or 3.02(i) (other after acquired Project Property), unless (a) the original cost of such item of Project Property exceeds $250,000 or (b) the granting of such security interest in such item is reasonably requested by the Collateral Agent (acting upon the directions of any Secured Party (other than the Technical Agent)) or (c) such item of Project Property has an original cost in excess of $100,000, and when taken together with all such other items of Project Property having an original cost in excess of $100,000 that are not otherwise mortgaged, pledged or assigned (conditionally or unconditionally, by way of fiduciary assignment) in accordance with this Section 3.03, the aggregate original cost of such items exceeds $5 million at any time prior to Completion and $1 million at any time thereafter.
De minimis exception. No adjustment to the Conversion Price will be made if the adjustment would result in a change in the Conversion Price of less than 1 per cent., provided that any adjustment that would otherwise be required to be made and any amount by which the Conversion Price has been rounded down pursuant to Condition 6.4.5 will be carried forward and taken into account in any subsequent adjustment.
