Trading Profits Clause Samples

Trading Profits. All Trading Profits received by Executive within the 24-month period preceding the first public announcement by the Company of the Material Restatement, regardless of whether such Trading Profits would have been received had the Company’s consolidated financial results that are the subject of the Material Restatement initially been reported correctly.

Trading Profits. Client wants to take advantage of short-term trading opportunities, which may involve establishing and then liquidating positions quickly.

Trading Profits. An investment objective of Trading Profits indicates that you seek to take advantage of short-term trading opportunities, which can involve establishing and liquidating positions quickly. Some examples of typical investments might include short- term purchases and sales of volatile or low-priced common stocks, put or call options, spreads, straddles and/or combinations on equities or indexes*. This is a high-risk strategy. Growth and Income. An investment objective of Growth and Income indicates that you seek a mix of growing principal value and generating income from investments and you are willing to invest in securities with moderate historical risk of loss of principal while having the potential to pay income. Some examples of typical investments might include common stocks, medium-term fixed-income investments and growth and income mutual funds.

Trading Profits. In an effort to create a mechanism for profit consistent with Fund operations and objectives, the managing member and portfolio manager established a related / affiliated entity called Loanmod, LLC (“Loanmod”). Loanmod is operated by the managing member and seeks to create a trading profit by contracting to purchase loans or loan pools at a price lower than that to be paid by the Fund. Where practicable and in keeping with the Fund’s overall objective, the manager will purchase loan assets from Loanmod generating a trading profit. Any such purchase is subject to the duty owed by the Managing Member to the Fund or Funds and based upon the overall quality of the portfolio purchased, the seasoning of the loan(s) and the value of the collateral securing the loans. Any trading profit realized by Loanmod will reduce the net return to investors and, therefore, is subject to a self imposed “cap” or limit as follows: Trading profits as described herein shall not, under any circumstances, exceed 10% of the pool’s total aggregate unpaid balances at the time of purchase. For example, trading profit from a loan pool with aggregate unpaid balances totaling 1 million dollars cannot exceed $100,000 (10% of 1,000,000). In most cases, pricing is determined on a loan by loan basis (aka “loan level pricing”). Each loan in a pool is evaluated based on the underwriting standards described herein to determine the amount, if any, of trading profit available. Loanmod will not be included in the assignment chain and, therefore, functions as a “riskless principal” in the transactions described above.

Trading Profits. (I want to take advantage of short-term trading opportunities, which may involve establishing and then liquidating positions quickly). 2 SPECULATION (I am interested in taking above-average risks to principal in an attempt to achieve above-average returns). The above information regarding my investment objectives represents my current preference and supersedes any indications of such preferences that I may previously have provided to ▇▇▇▇▇▇▇ Sachs other than information specifically supplied with respect to options transactions. If margin transactions are contemplated, I acknowledge that I have had an opportunity to discuss with you the risks associated with the use of margin and that the use of margins is consistent with my investment objectives, including, if applicable, the designation of safety of principal as my primary investment objective. If the above information regarding my investment objectives changes, at the time of such change I will orally advise the ▇▇▇▇▇▇▇ ▇▇▇▇▇ representatives referred to above and, at the same time, I will provide written notice of the change in investment objectives. You are entitled to rely on the foregoing information and other information which I have provided to you until your receipt of a written notice of the change in such information. I understand that, in accordance with ▇▇▇▇▇▇▇ Sachs' policies, the following transactions will not be executed by you on a discretionary basis: (i) the purchase of securities where ▇▇▇▇▇▇▇ ▇▇▇▇▇ is a participant in any registered public offering; (ii) the purchase of debt securities which are unrated or which are rated by either ▇▇▇▇▇'▇ or S&P as below investment grade (Baa-1/BBB) unless a) the debt securities have been pre-refunded with U.S. Government or U.S. Government agency securities; b) the debt securities appear in the High Yield Recommended List published in the Private Client Focus (including any additional issues of the same entity which have equivalent or higher published ratings); or c) the debt securities are convertible, without the payment of cash or other consideration, into equity securities which are rated as "market performers" or better by the Research Department.

Trading Profits. ▇▇▇▇▇ & Daughter started trading on 1 October 2010, making up accounts to 30 September. ▇▇ ▇▇▇▇▇ and his daughter share profits equally. The trading profits are: Year ended 30 September 2011 £32,000 Year ended 30 September 2012 £36,000 2010/11 assessment for each partner: 1.10.10 to 5.4.11: 6/12 × £32,000/2 2011/12 assessment for each partner: £8,000 12 months to 30.9.11 £16,000 So each partner has been taxed on £24,000 in respect of the £16,000 profit share of the first year. This means that there are overlap profits of £8,000 for each partner, which are carried forward. Unincorporated businesses closing down are taxed on the profits from the end of the last period taxed to the cessation of trade. The tax assessed can therefore be based on more than 12 months’ profits. For example, a partnership makes up its accounts to 30 June each year and stops trading on 31 January 2012. Each partner’s assessment for the tax year 2010/11 will be on that partner’s share of profits of the year ended 30 June 2010. In the final tax year, 2011/12, each partner’s tax assessment will be on that partner’s share of profits of the period 1 July 2010 to 31 January 2012, the whole 19 months since the end of the accounting period taxed in the previous year. Partners might have overlap profits to deduct. However, where the profits earned early in the business were comparatively small, the overlap relief will also be small, leaving a large tax liability for the final year. New partners joining an existing partnership are individually taxed under the ‘new business’ rules for their first and second (and possibly third) years.

Trading Profits. An investment objective of Trading Profits indicates that I seek to take advantage of short-term trading opportunities, which may involve establishing and liquidating positions quickly. Some examples Growth and Income. An investment objective of Growth and Income indicates that I seek a mix of growing principal value and generating income from investments and I am willing to invest in securities with moderate historical risk of loss of principal while having the potential to pay income. Some examples of typical investments might include * Retirement accounts may not be approved for margin trading privileges. Margin is required to sell covered puts and uncovered puts and call options, conduct spreads, and to write straddles and combinations on equities or indexes.