Common use of Deemed Gain or Deemed Loss Clause in Contracts

Deemed Gain or Deemed Loss. The Deemed Gain from any in kind distribution of Securities shall be equal to the excess, if any, of the fair market value of the Securities distributed (valued as of the date of distribution in accordance with paragraph 13.1), over the aggregate Adjusted Asset Value of the Securities distributed. The Deemed Loss from any in kind distribution of Securities shall be equal to the excess, if any, of the aggregate Adjusted Asset Value of the Securities distributed over the fair market value of the Securities distributed (valued as of the date of distribution in accordance with paragraph 13.1).

Appears in 3 contracts

Samples: Agreement (Adobe Systems Inc), Limited Partnership Agreement (Adobe Systems Inc), Partnership Agreement (Adobe Systems Inc)

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Deemed Gain or Deemed Loss. The Deemed Gain from any in kind distribution of Securities shall be equal to the excess, if any, of the fair market value of the Securities distributed (valued as of the date of distribution in accordance with paragraph 13.112.1), over the aggregate Adjusted Asset Value of the Securities distributed. The Deemed Loss from any in kind distribution of Securities shall be equal to the excess, if any, of the aggregate Adjusted Asset Value of the Securities distributed over the fair market value of the Securities distributed (valued as of the date of distribution in accordance with paragraph 13.112.1).

Appears in 3 contracts

Samples: Transaction Agreement (OVERSTOCK.COM, Inc), Limited Partnership Agreement (OVERSTOCK.COM, Inc), Limited Partnership Agreement (J2 Global, Inc.)

Deemed Gain or Deemed Loss. The Deemed Gain Gain” from any in kind distribution of Securities shall be equal to the excess, if any, of the fair market value of the Securities distributed (valued as of the date of distribution in accordance with paragraph 13.1Section 12.01), over the aggregate Adjusted Asset Value of the Securities distributed. The Deemed Loss Loss” from any in kind distribution of Securities shall be equal to the excess, if any, of the aggregate Adjusted Asset Value of the Securities distributed over the fair market value of the Securities distributed (valued as of the date of distribution in accordance with paragraph 13.1Section 12.01).

Appears in 2 contracts

Samples: Exempted Limited Partnership Agreement (GCM Grosvenor Inc.), Exempted Limited Partnership Agreement (GCM Grosvenor Inc.)

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Deemed Gain or Deemed Loss. The Deemed Gain Gain” from any in kind distribution of Securities shall be equal to the excess, if any, of the fair market value of the Securities distributed (valued as of the date of distribution in accordance with paragraph 13.1Section 12.1), over the aggregate Adjusted Asset Value of the Securities distributed. The Deemed Loss Loss” from any in kind distribution of Securities shall be equal to the excess, if any, of the aggregate Adjusted Asset Value of the Securities distributed over the fair market value of the Securities distributed (valued as of the date of distribution in accordance with paragraph 13.1Section 12.1).

Appears in 1 contract

Samples: Limited Partnership Agreement

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