Pursuant to U. S.S.G. § 2C1.1(b)(1), a 2-level enhancement applies, because the offense involved more than one bribe.
Pursuant to U. S.S.G. § 2C1.1(b)(2), and U.S.S.G. § 2B1.1(b)(1)(C), a 4-level enhancement applies, based on payments to Xxxxxxxxxx through Alliance of more than $15,000 not more than $40,000.
Pursuant to U. S. DOE's Class Waiver W(C) 95-008 of the Government's Patent Rights in Inventions Made by Employees of Institutes and Other Entities of the Newly Independent States of the Former Soviet Union in the Course of or under Agreements Entered into with Management and Operating Contractors of the Department of Energy, Recipient has the right to elect title to Subject Inventions of Recipient in the Newly Independent States. Partner has the right to elect title to Subject Inventions of Recipient in the United States, and will notify DOE and Center of any such elections.
Pursuant to U. S. Treasury Regulation Section 1.704-1(b)(2)(iv)(f), the Company shall adjust the Gross Asset Values (as defined in the Amended and Restated Operating Agreement) of the Company’s assets to equal the gross fair market values of such assets, as determined by the Board in accordance with the Amended and Restated Operating Agreement, as of immediately prior to the purchase of Class E-1 Preferred Units, Class E-2 Preferred Units, Class F-1 Preferred Units and Class F-2 Preferred Units pursuant to Section 2.1, and shall allocate any gain or loss attributable to such adjustments among the members of the Company in accordance with the Amended and Restated Operating Agreement and this Section 5.5.
Pursuant to U. S. Treasury Regulations Section 1.409A-1(h)(4), Seller and Purchaser agree that, on the Transfer Date, each Transferred Employee shall be treated as having a “separation from service” with Seller and Seller’s Affiliates for purposes of Section 409A of the Code and Treasury Regulations Section 1.409A-1(h).
Pursuant to U. S.S.G. § 2B1.1(b)(1)(L), 22 levels are added because the loss resulting from the offense is more than $25 million and less than or equal to $65 million.
Pursuant to U. S.S.G. § 2B1.1(b)(10)(C), 2 levels are added because the offense involved sophisticated means and Xxxxxx Xxxxxxx intentionally engaged in or caused the conduct constituting sophisticated means.
Pursuant to U. S.S.G. § 2B1.1(b)(20)(A)(iii), 4 levels are added because the offense involved a violation of securities law and, at the time of the offense, Xxxxxx Xxxxxxx was an investment adviser, or a person associated with an investment adviser.
Pursuant to U. S.S.G. § 8C2.5(f)(1), 3 points are subtracted because the offense occurred even though the organization had in place at the time of the offense an effective compliance and ethics program.
Pursuant to U. S.S.G. § 8C2.5(g)(2), 2 points are subtracted because the organization fully cooperated in the investigation and clearly demonstrated recognition and affirmative acceptance of responsibility for its criminal conduct.
