METHODS FOR HANDLING PATRONAGE LOSSES Sample Clauses

METHODS FOR HANDLING PATRONAGE LOSSES. The Board shall have complete discretion to determine the handling and ultimate disposition of this Cooperative's patronage-sourced net losses (including allocation unit losses) and the form, priority and manner in which such losses or portions thereof shall be taken into account, retained, and ultimately disposed of or recovered. The Board may retain such losses and subsequently (i) offset all or part of such net loss against the net income of one or more other allocation units for such fiscal year to the extent allowed by law; (ii) dispose of them by offset against the net earnings of this Cooperative (or of one or more of the allocation units) in subsequent years, (iii) apply such losses to prior years' patronage allocations at any time in order to dispose of them by means of offset and cancellation against patron's equity accounts, or (iv) select and use any other method of disposition of such losses as the Board, in its sole discretion, shall from time to time determine, provided however, that the net income or net loss of a Defined Business Unit shall not be netted against the net income or net loss of any other allocation unit, that patron equities distributed based on the earnings of a Defined Business Unit shall not be canceled based on the net loss of other allocation units and that the net loss of a Defined Business Unit shall not be applied in cancellation of patron equities distributed based on earnings of other allocation units.
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Related to METHODS FOR HANDLING PATRONAGE LOSSES

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  • Requests to Transfer Information to Third Parties In the event that the Fund, other than pursuant to a Standard Procedure, whether by Written Instructions, Fund Communications or otherwise, requests or instructs BNYM to send, deliver, mail, transmit or otherwise transfer to a third party which is not a subcontractor of BNYM and which is not the DTCC, NSCC or other SEC-registered clearing corporation, or to make available to such a third party for retrieval from within the BNYM System, any information in the BNYM System: BNYM may decline to provide the information requested on the terms contained in the request due to legal or regulatory concerns, transmission specifications not supported by BNYM, or other good faith or bona fide business reasons, but will in good faith discuss the request and attempt to accommodate the Fund with respect to the request, and BNYM will not be obligated to act on any such request unless it agrees in writing to the terms of the information transfer. In the event BNYM so agrees in writing to transfer information or make it available within the BNYM System: the Fund shall pay a reasonable fee for such activities upon being invoiced for same by BNYM; BNYM shall have no liability or duty with respect to such information after it releases the information or makes it available within the BNYM System, as the case may be, provided BNYM does not commit Liable Conduct when executing the express instructions of the written information transfer request; BNYM shall be entitled to the indemnification provided for at Section 12 pursuant to clause (b) in connection with the activities contemplated by any such written information transfer request, including for the avoidance of doubt third party claims; and BNYM may conclusively presume without a duty of independent verification that the Fund has received all applicable third party authorizations.

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  • Third Party Data Any statistical, industry-related and market-related data, which are included in the Disclosure Package and the Prospectus, is based on or derived from sources that the Company reasonably and in good faith believes to be reliable and accurate, and such data agrees with the sources from which it is derived, and the Company has obtained the written consent for the use of such data from such sources to the extent required.

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