Preferred Return. The term Preferred Return means, with respect to each Member, an amount calculated like interest and accrued on the balance standing from time to time in such Members Unrecovered Contribution Account at a simple interest rate equal to nine percent (9%) per annum, non-compounded, and determined on a cumulative basis. For financial and income tax reporting purposes, neither accrual nor payment of the Preferred Return shall be an expense of the Company nor be treated as a guaranteed payment under Section 707(c) of the Code.
Preferred Return. With respect to a Plant or Licensee Plant (other than the Demonstration Plant), the applicable Licensee or sublicensee, as the case may be, will pay Licensor an annual preferred return payment (Preferred Return) calculated on an annual basis as follows: (a) free cash flow before taxes accruing during such year (calculated as EBITDA minus scheduled principal and interest debt payments for such period actually paid, determined in accordance with U.S. GAAP) [***] of the outstanding balance of such Licensees or sublicensees unrecovered invested capital in such Licensee Plant or Plant, as the case may be, MULTIPLIED BY (b) [***]. In the event a Licensee acts as sales representative pursuant to Section 2.1 with respect to a Plant, such Licensee will be entitled to receive [***] of any such amount received by Licensor by any third party with respect thereto.
Preferred Return. All calculations of profits and/or losses and the right to receive distributions shall be subject to the rights of EnergyTEK to receive a Preferred Return, as provided for in the Joint Venture Agreement by and between the parties hereto, dated January 6, 2015. The Preferred Return shall be considered an expense of the Company for purposes of the calculation of profits and/or losses.
Preferred Return. Each holder of one or more Series A Units shall be entitled to receive when, as, and if declared by the Managers out of funds at the time legally available therefor, a quarterly cash payment equal to a percentage of the Liquidation Preference, which percentage shall be twenty five (25) basis points higher than the London Bank Inter-Bank Offer Rate ("LIBOR") for one (1) year (or its successor index rate) in effect on the last day of the calendar month for which the preferred return is approved ("Preferred Return" or "Preferred Payment"). Preferred Returns are payable quarterly in arrears on the 30th day of each April, July, October and January, except that if any such date is on a Saturday, Sunday or a legal holiday, then such payment shall be payable on the next day that is not a Saturday, Sunday or legal holiday. Preferred Returns shall accrue and be cumulative from the date of first issuance of the Series A Units and will be payable to holders of record as they appear on the books of the Company on such record dates as are fixed by the Managers. No interest shall be payable with respect to any Preferred Returns on the Series A Units which may be in arrears.
Preferred Return. Borrowers shall accrue and be obligated to pay a fee equal to fifteen (15%) percent of the Initial Loan Commitment (the "Preferred Return Fee"), and in the event of any increase in the Loan Commitment amount, as provided in Section 1.2.1 hereof, on the date of such increase, fifteen (15%) percent of such increased Loan Commitment amount.The Preferred Return Fee shall be payable, if at all, only out of the Net Profits from Events, and not as additional interest on the Loan. Each Lender and Sheldon Finkel ("SF") shall be entitled to one-third (1/3) (the "Pro-Rata Portion") of the Preferred Return FeeNotwithstanding anything herein or in any Loan Documents to the contrary, the Preferred Return Fee shall not be paid in the event there exist net losses with respect to Events("Net Loss") or the Advances are not repaid in full upon the termination of the Loan. For purposes hereof, "net profit" and "Net Loss" shall be determined by the Parent's CFO in accordance with GAAP.
Preferred Return. The Company's books and records shall be maintained to reflect the following preferred return accounts:
Preferred Return. The Class A Units shall accrue the Preferred Return on the Class A Unreturned Capital Contributions. Preferred Returns shall accrue from the date of this Agreement. The Company shall endeavor to distribute the full amount distributable pursuant to Section 8.2(b) quarterly commencing at the end of the fifth (5th) fiscal quarter after the signing of this Agreement out of funds legally available for distribution.