Dialysis Segment Adjusted Operating Clause Samples

Dialysis Segment Adjusted Operating. Income (or “Dialysis Segment Adjusted OI”) refers to Dialysis Segment Operating Income as adjusted: to include: (i) profit sharing expense at the amounts budgeted in the budget approved by the Board for the calendar year; and (ii) any equity income attributable to Company investments within the Dialysis Segment; and to exclude: (iii) any stock-based compensation expense; (iv) any other compensation expense attributable to the Company’s long-term incentive program; (v) any non-controlling interest charges attributable to operations within the Dialysis Segment; and (vi) the following items, if any: (1) gains or losses on the sale of any assets other than in the ordinary course of business, (2) any extraordinary gains or losses, (3) gains or losses related to any legal settlement, fine or judgment, inclusive of any related third-party guarantees or indemnities (4) gains or losses resulting from a change in accounting principle, (5) gains or losses recognized in the initial purchase accounting for, or any subsequent revaluations of contingent earnout or intangible liabilities related to, any business combination transactions, (6) gains or losses recognized upon any subsequent revaluations of escrow claim assets related to any business combination transactions, (7) expenses associated with the evaluation or execution of an individual business acquisition, divestiture, joint venture or the sale of the Company, (8) write-off or impairment of assets, whether tangible or intangible, (9) expenses associated with restructuring of Company operations, (10) gains or losses related to actual or expected non-revenue insurance payments or settlement, (11) gains or losses on debt extinguishment or modification, (12) gains or losses related to recognition or disposition of any non-controlling interests, and (13) any reversal of or adjustment to an accrual or deferral related to any of the foregoing; and in the case of all items except (2), (4) and (6), adjustment for such items shall only be made if they exceed $10 million individually.