MMC Guaranteed Return Sample Clauses

MMC Guaranteed Return. FI and FLUOR each agree that to the extent the Project does not provide an average annual simple return (after Indonesian taxes) of thirteen percent (13%) on MMC's total capital contribution (which shall include its Subordinated Loans) to the Project Company (the "Target Return") during the first twenty (20) years after the Production Date (the "Return Adjustment Period"), then (a) FI will assign to MMC up to one hundred percent (100%) of any returns it may be entitled to receive from the Project and (b) FLUOR will assign to MMC up to fifty percent (50%) of any returns it may be entitled to receive from the Project, with such assignments to be prorated based on a 20:5 ratio as between FI and FLUOR, until such time as MMC has achieved an average annual simple return equal to the Target Return; provided, however, that if MMC's average annual simple return shall at any time exceed the Target Return during the Return Adjustment Period, then MMC shall assign such excess returns based on a 20:5 ratio to FI and FLUOR until such time as FI and FLUOR have been reimbursed for all amounts which FI and FLUOR previously assigned to MMC.