Common use of Method of Determination Clause in Contracts

Method of Determination. The Management Committee may base a determination that a distribution is not prohibited on any of the following: (i) financial statements prepared on the basis of accounting practices and principles that are generally consistent with those used to prepare the Company's audited financial statements; (ii) a fair valuation; or (iii) any other method that is reasonable in the circumstances. Except as provided in Section 17254(e) of the Corporations Code, the effect of a distribution is measured as of the date the distribution is authorized if the payment occurs within one hundred twenty (120) days after the date of authorization, or the date payment is made if it occurs more than one hundred twenty (120) days of the date of authorization.

Appears in 3 contracts

Samples: Operating Agreement (Playboy Enterprises Inc), Operating Agreement (Playboy Enterprises Inc), Operating Agreement (Claxson Interactive Group Inc)

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Method of Determination. The Management Committee may base a determination that a distribution is not prohibited on any of the following: (i) financial statements prepared on the basis of accounting practices and principles that are generally consistent with those used to prepare reasonable in the Company's audited financial statementscircumstances; (ii) a fair valuation; or (iii) any other method that is reasonable in the circumstances. Except as provided in Section 17254(e18-607(b) of the Corporations CodeAct, the effect of a distribution is measured as of the date the distribution is authorized if the payment occurs within one hundred twenty (120) days after the date of authorization, or the date payment is made if it occurs more than one hundred twenty (120) days of the date of authorization.

Appears in 3 contracts

Samples: Operating Agreement (Claxson Interactive Group Inc), Operating Agreement (Playboy Enterprises Inc), Operating Agreement (Playboy Enterprises Inc)

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Method of Determination. The Management Committee may base a determination that a distribution is not prohibited on any of the following: (i) financial statements prepared on the basis of accounting practices and principles that are generally consistent with those used to prepare the Company's ’s audited financial statements; (ii) a fair valuation; or (iii) any other method that is reasonable in the circumstances. Except as provided in Section 17254(e) of the Corporations Code, the effect of a distribution is measured as of the date the distribution is authorized if the payment occurs within one hundred twenty (120) days after the date of authorization, or the date payment is made if it occurs more than one hundred twenty (120) days of the date of authorization.

Appears in 1 contract

Samples: Operating Agreement (Claxson Interactive Group Inc)

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