Increased by Sample Clauses
Increased by. (A) Any additional capital contributions of the Member as authorized by appropriate administrative actions under this Agreement;
(B) The Member's share of profits of the Company, determined pursuant to this Agreement, during each fiscal year, whether or not distributed; and
(C) The agreed fair market value of any property (less liabilities assumed by the Company) contributed by the Member; or
Increased by interest calculated at the Agreed Rate from the due date (without extensions) for filing the relevant Tax Return for such Taxable Year); and
Increased by. (1) The Member’s Capital Contributions; and
(2) All items of Company income and gain (including income and gain exempt from tax) allocated to the Member pursuant to Article 5 or other provisions of this Agreement); and
Increased by. 1.7.1.1 The amount of any additional Capital Contributions by such Member, including the amount of Company liabilities assumed by such Member or secured by any Company property distributed by the Company to such Member;
1.7.1.2 The fair market value of any property contributed by such Member to the Company (net of liabilities secured by such property which are considered to be assumed or taken "subject to" by the Company); and
1.7.1.3 Items of book income and gain which are allocated to such Member; and
Increased by. (1) that Interest Holder’s additional pro-rata Capital Contributions (any contribution of property, other than money, by an Interest Holder to the Partnership will result in an increase of such Interest Holder’s Capital Account equal to the agreed fair market value of the property contributed, as mutually agreed by the General Partner and the contributing Interest Holder) net of liabilities secured by such contributed property that the Partnership is considered to assume or take subject to under Section 752 of the Code;
(2) that Interest Holder’s distributive share of Profits, as allocated to it under Article III;
(3) any items in the nature of income or gain which are specially allocated to that Interest Holder pursuant to Section 3.2 and/or Section 3.3 hereof; and
(4) the amount of any Partnership liabilities assumed by that Interest Holder or which are secured by any Partnership Property distributed to that Interest Holder.
Increased by. (i) the excess of (A) the deferred tax liability associated with the recapture of the tax bad debt reserve, over (B) the present value of that tax liability using an annual discount rate of 14% and assuming that such deferred tax liability will be paid ratably on the last day of each of the 24 calendar quarters ending after the Closing Date;
(ii) the tax benefit realized or to be realized by the Seller or the Buyer with respect to (a) nonqualified options as to which the option holders have committed on or prior to the Measurement Date to exercise such options after the Measurement Date and on or prior to the Effective Time, (b) incentive stock options as to which the option holders have on or prior to the Measurement Date (i) exercised such options or committed to exercise and have exercised such options on or prior to the Effective Time and (ii) committed to consummate and have consummated on or prior to the Effective Time a disqualifying disposition of the shares acquired upon exercise, or (c) any cash payments which option holders have committed on or prior to the Measurement Date to accept in lieu of their rights under their options; and
Increased by. (i) The amount of Net Income and other items of income and gain computed as provided in Section 8.2 and allocated to such Member pursuant to Sections 8.3 and 8.4 hereof, and
(ii) The cash amount or Net Agreed Value of any additional Capital Contributions made by such Member;
Increased by. (A) Any additional capital contributions of the Partner as authorized by appropriate administrative actions under this Agreement;
(B) The Partner's share of profits of the Partnership, determined pursuant to this Agreement, during each fiscal year, whether or not distributed; and
(C) The agreed fair market value of any property (less liabilities assumed by the Partnership) contributed by the Partner; or
Increased by. (i) the excess of (A) the deferred tax liability associated with the recapture of the tax bad debt reserve, over (B) the present value of that tax liability using an annual discount rate of 14% and assuming that such deferred tax liability will be paid ratably on the last day of each of the 24 calendar quarters ending after the Closing Date;
(ii) the tax benefit realized or to be realized by the Seller or the Buyer with respect to (a) nonqualified options as to which the option holders have committed on or prior to the Measurement Date to exercise such options after the Measurement Date and on or prior to the Effective Time, (b) incentive stock options as to which the option holders have on or prior to the Measurement Date (i) exercised such options or committed to exercise and have exercised such options on or prior to the Effective Time and (ii) committed to consummate and have consummated on or prior to the Effective Time a disqualifying disposition of the shares acquired upon exercise, or (c) any cash payments which option holders have committed on or prior to the Measurement Date to accept in lieu of their rights under their options; and
(a) the amount of Seller's consolidated accrued pension cost, calculated under Statement of Financial Accounting Standards No. 87 as of the Measurement Date minus (b) the amount of any deferred tax asset corresponding to such accrued pension cost, minus (c) the amount, if any, of the consolidated cash contributions required to be made to Seller's pension plan to ensure that as of the Measurement Date the current value of the assets of Seller's Pension Plan is not more than $500,000 less than the plan's "Benefit Liabilities" as that term is defined inss.4001(a)(16) of ERISA, when determined under actuarial factors that would apply if that plan terminated in accordance with all applicable legal requirements (whether or not such amount could lawfully be added to the plan at the Measurement Date), plus (d) the amount of any tax benefit that would be realizable by Buyer or by Seller after the Measurement Date when and if it contributes to the plan the amount determined in clause (c) above attributable to the deductibility of such amount.
Increased by. (a) The amount of any additional Capital Contributions by such Partner, including the amount of Partnership liabilities assumed by such Partner or secured by any Partnership property distributed by the Partnership to such Partner;
(b) The fair market value of any property contributed by such Partner to the Partnership (net of liabilities secured by such property which are considered to be assumed or taken "subject to" by the Partnership); and
(c) Items of book income and gain which are allocated to such Partner; and