Permitted Adjustments. 14. Subject to adequate substantiation, adjustment requests that will be considered are limited to the following circumstances:
Permitted Adjustments. Except as specifically set forth in the definition of “Permitted Adjustments”, Monetization Revenues shall be calculated prior to giving effect to any expenses incurred by the Company in the collection of any Monetization Revenues, including, without limitation, prior to giving effect to any contingent or other fees owed to any attorneys, consultants or other professionals in the monetization of any of the Company’s rights with respect to any Patents. For the avoidance of doubt, Monetization Revenues shall not include amounts received from products, sales, revenues, or Dispositions not covered by the Patents.
Permitted Adjustments. (1) For the reporting period ending with the third quarter 1998, the special charge of not more than $8.9 million may be added back to EBITDA for financial covenant calculations; and (2) Borrower will be permitted to take a one time charge associated with the closing of its Florida stores of not more than $20 million (of which a maximum an $10 million may be cash charges). This charge may be added back to EBITDA for financial covenant calculations for the next four fiscal quarters.
Permitted Adjustments. Non-GAAP Earnings Per Share shall be adjusted for the following non-recurring items or events: ▪ charges, costs or benefits or gains associated with restructurings of the Company; ▪ litigation or claim adjudication, judgments or settlements; ▪ share purchases occurring during the period (both in respect of timing and volume); ▪ mergers, acquisitions, spin-off transaction costs, or divestitures (including shares issued in connection with such events); ▪ material changes in business, operations, corporate or capital structure; ▪ non-operating/non-cash gains/losses; ▪ foreign exchange gains and losses outside of norms; ▪ derivative-related gains and losses; ▪ charges and costs associated with asset or other write-downs and impairments; ▪ charges associated with in-process research and development write-offs in asset acquisitions; ▪ charges associated with non-recurring phantom stock programs; ▪ the movement of an operation into discontinued operations or its sale after the start of the Performance Period; ▪ adjustments to prior year tax liabilities or to the Company’s long-term GAAP tax rate; and ▪ the cumulative effects of accounting changes. Scaling for Performance Above/Below Target The Committee will determine the number of PSUs that satisfy the Performance-Based Vesting Condition during the Performance Period based on the following goals (with earned amounts based on linear interpolation for performance levels in between the following goals): Achievement Level Non-GAAP EPS PSUs Earned Threshold $[] (65% of Target) 0 Target $[]$ Target Number of PSUs, as set forth in Grant Notice Maximum $[] (135% of Target) 200% of the Target Number of PSUs
Permitted Adjustments. As described in Section B-3(b), the Managing Member, in its discretion, is permitted to make adjustments, including retroactive adjustments, to the allocations of Carry Profit and Carry Loss. The ability of the Managing Member to make these adjustments shall not be restricted by the application of the vesting provisions in this Section B-2.
Permitted Adjustments. As described in Section B-3(b), the General Partner, in its discretion, is permitted to make adjustments, including retroactive adjustments, to the allocations of Carry Profit and Carry Loss. The ability of the General Partner to make these adjustments shall not be restricted by the application of the vesting provisions in this Section B-2.
Permitted Adjustments. Design Win Revenue, Non-GAAP Gross Margin Percentage and Non-GAAP Operating Expenses shall each be adjusted for the following items or events: ▪ charges, costs or benefits or gains associated with restructurings of the Company; ▪ litigation or claim adjudication, judgments or settlements; ▪ mergers, acquisitions, spin-off non-recurring integration and transaction costs, or divestitures; ▪ intangible asset amortization related to mergers and acquisitions; ▪ material changes in business, operations, corporate or capital structure; ▪ foreign exchange gains and losses outside of norms; ▪ derivative-related gains and losses; ▪ charges and costs associated with asset or other write-downs and impairments; ▪ charges associated with in-process research and development write-offs in asset acquisitions; ▪ charges associated with share-based compensation programs including phantom stock programs; ▪ costs associated with special retention programs; and ▪ the movement of an operation into discontinued operations or its sale after the start of the Performance Period.
Permitted Adjustments. Except as specifically set forth in the definition of “Permitted Adjustments”, Monetization Revenues shall be calculated prior to giving effect to any expenses incurred by the Company in the collection of any Monetization Revenues, including, without limitation, prior to giving effect to any **** Certain confidential information has been omitted and filed separately with the SEC. Confidential treatment has been requested with respect to the omitted portions. contingent or other fees owed to any attorneys, consultants or other professionals in the monetization of any of the Company’s rights with respect to any Patents. For the avoidance of doubt, Monetization Revenues shall not include amounts received from products, sales, revenues, or Dispositions not covered by the Patents.
