De minimis exception. If less than 10 percent of a C corporation’s earnings and profits for a taxable year are de- rived from activities that would produce passive investment income if the C corporation were an S corpora- tion, all earnings and profits produced by the corporation during that taxable year are considered active earnings and profits.
De minimis exception. No adjustment in the Exercise Price shall be required if such adjustment is less than $.05; provided, however, that any adjustments which by reason of this paragraph 3 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this paragraph 3 shall be made to the nearest cent or to the nearest one-thousandth of a share, as the case may be.
De minimis exception. (i) A card issuer is not required to submit any credit card agreements to the Bureau if the card issuer had fewer than 10,000 open credit card accounts as of the last business day of the calendar quarter.
De minimis exception. No adjustment in the Exercise Price shall be required unless such adjustment would require an increase or decrease of at least 1% of the Exercise Price per Share; PROVIDED, that any adjustments which by reason of this Section 7(d) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 7 shall be made to the nearer cent or to the nearer one-hundredth of a Share, as the case may be. The Company shall not be required to issue any fractional share, but any fractional share interest shall be paid in cash equal to the fair market value of the applicable percentage of a share in lieu thereof or, at the Company's election, paid in a fractional or whole Share.
De minimis exception. Notwithstanding the above, if the fair market value (determined as the Plan Valuation Date immediately preceding the first day on which a Qualified Participant is eligible to make an election) of Stock acquired by or contributed to the Plan and allocated to a Qualified Participant’s Account is $500 or less, then such Stock shall not be subject to this section. Sxxxx’x Liquid Gold-Inc. Employee Stock Ownership Plan 1/2012 20 Prepared by Holland & Hxxx LLP
De minimis exception. The Company agrees that with regard to Executive’s covenants in subsections (i), (ii), (iii), (iv), and (v) of Section 8.(a), Executive will have a de minimis exception defense to the Executive’s actionable breach or violation of such covenant, such that to invoke and benefit from the exception Executive shall bear the burden of proof in both court and arbitration that Executive’s breach or violation was truly, as a matter of fact and of law, de minimis under the totality of the circumstances, which include, for example, among other relevant indicia, that Executive’s breach or violation was unintentional, inadvertent, never known in the public domain, or potential competition or solicitation was never realized.
De minimis exception. Notwithstanding the above, if the fair market value (determined as the Plan Valuation Date immediately preceding the first day on which a Qualified Participant is eligible to make an election) of Stock acquired by or contributed to the Plan and allocated to a Qualified Participant's Account is $500 or less, then such Stock shall not be subject to this section.
De minimis exception. The Borrower shall not be required to grant a security interest in any item of Project Property described in Section 3.01(b) (currently owned real property), 3.01(c) (motor vehicles), 3.01(d) (currently owned equipment, machinery and
De minimis exception. Except for the obligations of the parties hereto under Sections 8.4 and 8.5, Losses that do not exceed US$25,000, whether incurred as a result of a single incident or a series of related incidents, shall not be considered Losses for purposes of determining whether an indemnification obligation exists; provided, however, that the limitation contained in this Section 8.6 shall not be applicable to the payment obligations contained in Section 3.6, Section 3.10 or any assumption of the Transferred Liabilities. If a Loss or series of related Losses exceeds US$25,000, the entire Loss, and not just the amount of the Loss in excess of US$25,000, shall be subject to the indemnification obligations hereunder.
De minimis exception. No adjustment to the Conversion Price will be made if the adjustment would result in a change in the Conversion Price of less than 1 per cent., provided that any adjustment that would otherwise be required to be made and any amount by which the Conversion Price has been rounded down pursuant to Condition 6.4.5 will be carried forward and taken into account in any subsequent adjustment.
