EBIT Sharing on New Capacity Sample Clauses

EBIT Sharing on New Capacity. To the extent Jefferson Island expands the Jefferson Island Facility after the Effective Date of this Agreement, Jefferson Island shall pay to the State one and eighteen one-hundredths percent (1.18%) of earnings before interest and taxes (“EBIT”) resulting from: (a) Jefferson Island’s Storage operations from (i) a new cavern (a cavern other than the Existing Caverns) created and placed into operation under this Agreement on the Property and (ii) any expansion of an Existing Cavern on the Property by more than 5% above the Total Capacity of the Existing Cavern as of the Effective Date (collectively, “New Capacity”) and (b) Jefferson Island’s transportation (i.e., wheeling) of Storage Substances, if any, to the extent such transportation utilizes Improvements and Equipment on the Property. The EBIT attributed to the New Capacity shall be determined by multiplying Jefferson Island’s EBIT resulting from Storage operations on the Property by the ratio of New Capacity (as defined above) to the Total Capacity of all caverns in operation under the Property. The calculation of this ratio will be made as of the last day of the calendar year. For purposes of this calculation, the total capacity of each cavern will be the capacity determined by the most recent available sonar test on such cavern or the most recent available regulatory filing made to the State that reports the capacity of such cavern, whichever is more current (“Total Capacity”). Two examples of the Compensation calculation for the Existing Caverns and New Capacity are set forth in Exhibit C, Columns 1 (2 Existing Caverns) and 3 (Caverns 3 & 4 Full Year In-Service). In addition, if a cavern is (a) placed into operation during the calendar year; or (b) not operating due to a Force Majeure Event, the Total Capacity and/or New Capacity attributed to such cavern will be prorated based on the number of full or partial months of the year in which the cavern was in operation. An example of the Compensation calculation for caverns that are not in operation for a full calendar year is set forth in Exhibit C, Column 2 (Cavern 3 Mid-Year In- Service). Because the compensation the State may receive under this Section 8.2 is based on EBIT, the State both (a) will receive a share of revenues from the Storage of the Storage Substances and the operation of the Jefferson Island Facility by Jefferson Island and (b) will assume a portion of the risk of the cost of such activities, all in compliance with Applicable Law, ...
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Related to EBIT Sharing on New Capacity

  • How Are Distributions from a Xxxxxxxxx Education Savings Account Taxed For Federal Income Tax Purposes? Amounts distributed are generally excludable from gross income if they do not exceed the beneficiary’s “qualified higher education expenses” for the year or are rolled over to another Xxxxxxxxx Education Savings Account according to the requirements of Section (4). “Qualified higher education expenses” generally include the cost of tuition, fees, books, supplies, and equipment for enrollment at (i) accredited post-secondary educational institutions offering credit toward a bachelor’s degree, an associate’s degree, a graduate-level or professional degree or another recognized post-secondary credential and (ii) certain vocational schools. In addition, room and board may be covered if the beneficiary is at least a “half-time” student. This amount may be reduced or eliminated by certain scholarships, qualified state tuition programs, HOPE, Lifetime Learning tax credits, proceeds of certain savings bonds, and other amounts paid on the beneficiary’s behalf as well as by any other deductions or credits taken for the same expenses. The definition of “qualified education expenses” includes expenses more frequently and directly related to elementary and secondary school education, including the purchase of computer technology or equipment or Internet access and related services. To the extent payments during the year exceed such amounts, they are partially taxable and partially non-taxable similar to payments received from an annuity. Any taxable portion of a distribution is generally subject to a 10% penalty tax in addition to income tax unless the distribution is (i) due to the death or disability of the beneficiary, (ii) made on account of a scholarship received by the beneficiary, or (iii) is made in a year in which the beneficiary elects the HOPE or Lifetime Learning credit and waives the exclusion from income of the Xxxxxxxxx Education Savings Account distribution. You may be allowed to take both the HOPE or Lifetime Learning credits while simultaneously taking distributions from Xxxxxxxxx Education Savings Accounts. However, you cannot claim a credit for the same educational expenses paid for through Xxxxxxxxx Education Savings Account distributions. To the extent a distribution is taxable, capital gains treatment does not apply to amounts distributed from the account. Similarly, the special five- and ten-year averaging rules for lump-sum distributions do not apply to distributions from a Xxxxxxxxx Education Savings Account. The taxable portion of any distribution is taxed as ordinary income. The IRS does not require withholding on distributions from Xxxxxxxxx Education Savings Accounts.

  • When Must Distributions from a Xxxxxxxxx Education Savings Account Begin? Distribution of a Xxxxxxxxx Education Savings Account must be made (or otherwise will be deemed made) no later than 30 days from the earlier of the beneficiary’s death or attainment of age 30. A distribution from a Xxxxxxxxx Education Savings Account may be rolled over to another beneficiary’s Xxxxxxxxx Education Savings Account according to the requirements of Section (4). Note that the Economic Growth and Tax Relief Reconciliation Act of 2001 waives the distribution age limitation if the beneficiary of the Xxxxxxxxx Education Savings Account is a “Special Needs” student.

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  • How Do I Correct an Excess Contribution? If you make a contribution in excess of your allowable maximum, you may correct the excess contribution and avoid the 6% penalty tax for that year by withdrawing the excess contribution and its earnings on or before the date, including extensions, for filing your tax return for the tax year for which the contribution was made (generally October 15th). Any earnings on the withdrawn excess contribution may also be subject to the 10% early distribution penalty tax if you are under age 59½. In addition, although you will still owe penalty taxes for one or more years, excess contributions may be withdrawn after the time for filing your tax return. Excess contributions for one year may be carried forward and applied against the contribution limitation in succeeding years. An individual who is partially or entirely ineligible to make contributions to a Xxxx XXX may transfer amounts of up to the yearly contribution limits to a non-deductible Traditional IRA (subject to reduction for amounts remaining in the Xxxx XXX plus other Traditional IRA contributions).

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  • What if I Make a Contribution for Which I Am Ineligible or Change My Mind About the Type of IRA to Which I Wish to Contribute? Prior to the due date (including extensions) for filing your tax return, you may elect to “recharacterize” amounts that you contributed to an IRA during the year by making a recharacterization of the contributed amount and earnings. Thus, for example, if you contribute amounts to a Xxxx XXX and later determine that you are ineligible to make a Xxxx XXX contribution for the year, you may at any time prior to the tax return due date for the year (including extensions) make a recharacterization of the contributions and earnings to a Traditional IRA.

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