Sale Gain definition
Examples of Sale Gain in a sentence
With respect to any sale, or attempted sale, of any Portfolio Investment by the Financing Provider to any person other than a Company Party or any designee thereof permitted or required under this Agreement, on the Facility Sale Settlement Date, (i) the Applicable Purchaser shall pay to the Financing Provider an amount, if any, equal to the Sale Loss Amount and (ii) the Financing Provider shall pay to the Applicable Purchaser an amount, if any, equal to the Sale Gain Amount.
For purposes of calculating the Consolidated Fixed Charge Coverage Ratio and the Loan Party Fixed Charge Coverage Ratio only, the Loan Parties may include, without duplication, the following in Adjusted EBITDA: (i) half of the Five Points Sale Gain for the Fiscal Quarter ending March 31, 2021, (ii) one fourth (1/4) of the Five Points Sale Gain for the Fiscal Quarter ending June 30, 2021, and (iii) ▇▇▇ ▇▇▇▇▇▇ (▇/▇) ▇▇ the Five Points Sale Gain for the Fiscal Quarter ending September 30, 2021.
Such Sale Gain will be allocated and distributed to holders of the Series A Preferred Shares within 90 days after the end of the Company’s taxable year.
With respect to any sale, or attempted sale, of any Portfolio Investment by the Financing Provider to any person other than a Company Party or any designee thereof permitted or required under this Agreement, (i) the Company shall pay to the Financing Provider an amount, if any, equal to the Sale Loss Amount and (ii) the Financing Provider shall pay to the Company an amount, if any, equal to the Sale Gain Amount.
Net income (other than Sale Gain or Loss): 99.5% to OSS and .5% to NetIgnite; Net loss (Other than Sale Gain or Loss): 60% to OSS and 40% to NetIgnite; and Sale Gain or Loss: 60% to OSS and 40% to NetIgnite.
To the extent reasonably possible, the Company shall make a Distribution to its Members of its Net Income (other than Sale Gain or Loss), if any, for any calendar quarter by the end of the first month of the next calendar quarter in proportion to the allocation of such Net Income to the Members.
As provided in Section 4.1(c) of this Operating Agreement, the Company will allocate and distribute Sale Gain recognized by the Company during the immediately preceding taxable year to the holders of the Series A Preferred Shares.
For purposes of calculating the Consolidated Fixed Charge Coverage Ratio and the Loan Party Fixed Charge Coverage Ratio only, the Loan Parties may include, without duplication, the following in Adjusted EBITDA: (i) half of the Five Points Sale Gain for the Fiscal Quarter ending ▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇▇) one fourth (1/4) of the Five Points Sale Gain for the Fiscal Quarter ending June 30, 2021, and (iii) one fourth (1/4) of the Five Points Sale Gain for the Fiscal Quarter ending September 30, 2021.
For this purpose, net income is defined as the Company’s taxable income, as determined in accordance with the Code, plus any income that is exempt from federal taxation, but excluding Sale Gain.
Notwithstanding any provision hereof to the ----------------------- contrary, any item of Company income or gain (including Sale Gain) for any Fiscal Year (or any portion of any such item) that is required to be allocated to the Members under Treasury Regulation (S) 1.704-2(f) shall be allocated to the Members for such Fiscal Year in the manner so required by such Treasury Regulation.