P&L True-Up Contribution Sample Clauses

P&L True-Up Contribution. Until the earlier of (i) October 31, 2008 and (ii) the BSA Commencement Date, no later than ten (10) days after the end of the applicable True-Up Period (defined below), the Company shall provide written notice (“Notice”) to AAWW of the Company’s estimates of the amount by which, (i) the Net Operating Loss (if any) of the Company for the applicable True-Up Period, exceeds the Operating Loss Target for such True-Up Period (the “Excess Loss”); (ii) the Net Operating Loss (if any) of the Company for such True-Up Period is less than the Operating Loss Target for such True-Up Period (the “Recovered Loss”) or (iii) the Net Operating Profit (if any) of the Company for such True-Up Period exceeds the Operating Loss Target for such True-Up Period (the “Excess Profit”). For illustrative purposes, see examples on Exhibit B. The Company shall attach to such Notice drafts of financial statements of the Company for such True-Up Period, prepared in accordance with generally accepted accounting principles (applied consistently with past practice) and the applicable provisions of the Stockholders Agreement, dated as of the date hereof, by and among the Investor, AAWW and the Company. i. In the event that there is an estimated Excess Loss, within five (5) days of receipt of the Notice, AAWW will make a cash capital contribution to the Company in the amount equal to such estimated Excess Loss. ii. In the event that there is an estimated Recovered Loss, such amount shall be available as an amount that may be declared and paid by the Company as a non pro rata cash dividend or distribution with respect to the Class A Common Stock. In the event that there is an estimated Excess Profit, such amount shall be reduced by the product of (a) 40% and (b) the estimated Excess Profit, if the Operating Loss Target is zero, or the estimated Net Operating Profit, if the Operating Loss Target is negative, (the amount by which such Excess Profit is reduced being the assumed amount of Taxes that will be owed with respect to such Excess Profit (or Net Operating Profit) (the “Assumed Taxes”)), and the reduced amount (the estimated “Assumed After-Tax Excess Profit”) shall be available as an amount that may be declared and paid by the Company as a non pro rata cash dividend or distribution with respect to Class A Common Stock. iii. The financial statements referred to in Section 1(c) will be subject to audit by the Auditor (defined in the Stockholder Agreement) as of the end of each True-Up Period...