SPECIAL REVENUE ALLOCATIONS Sample Clauses

SPECIAL REVENUE ALLOCATIONS. Notwithstanding anything to the contrary herein, including without limitation the provisions of Section 4.1.4, AOL shall retain all collected revenues from existing Netscape OEM and customer contracts (including without limitation revenues collected in connection with any existing service, development, support, maintenance, reseller, VAR, OEM and other contracts) and existing contracts for the AOL CONFIDENTIAL AND PROPRIETARY Final SUN CONFIDENTIAL AND PROPRIETARY CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. sale and distribution of Existing Netscape Software and any updates, enhancements and/or new releases thereof. As used in this Section 4.2.2, the term "existing contracts" shall mean any contracts entered into on or before the Closing Date for the duration of the remaining term of such contracts as well as any extensions or renewals of the term of such contracts to the extent the customer or OEM elects to exercise any unilateral right of extension or renewal contained in such existing contracts. AOL and Sun each shall retain their existing customer contracts for the Netscape client software, with all service, maintenance and support provided by AOL, to the extent Netscape is obligated to provide such service, maintenance and support under existing service, maintenance and support agreements, and all service, maintenance and support provided by Sun, to the extent Sun is obligated to provide such service, maintenance and support under existing service, support and maintenance agreements. AOL and Sun will each have the right to fulfill its respective obligations under existing contracts, notwithstanding anything to the contrary contained in this Agreement
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SPECIAL REVENUE ALLOCATIONS. Notwithstanding anything to the contrary herein, including without limitation the provisions of Section 4.1.4, AOL shall retain all collected revenues from existing Netscape OEM and customer contracts (including without limitation revenues collected in connection with any existing service, development, support, maintenance, reseller, VAR, OEM and other contracts) and existing contracts for the sale and distribution of Existing Netscape Software and any updates, enhancements and/or new releases thereof. As used in this Section 4.2.2, the term "existing contracts" shall mean any contracts entered into on or before the Closing Date for the duration of the remaining term of such contracts as well as any extensions or renewals of the term of such contracts to the extent the customer or OEM elects to exercise any unilateral right of extension or renewal contained in such existing contracts. AOL and Sun each shall retain their existing customer contracts for the Netscape client software, with all service, maintenance and support provided by AOL, to the extent Netscape is obligated to provide such service, maintenance and support under existing service, maintenance and support agreements, and all service, maintenance and support provided by Sun, to the extent Sun is obligated to provide such service, maintenance and support under existing service, support and maintenance agreements. AOL and Sun will each have the right to fulfill its respective obligations under existing contracts, notwithstanding anything to the contrary contained in this Agreement
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Related to SPECIAL REVENUE ALLOCATIONS

  • Tax Allocations Each item of income, gain, loss or deduction recognized by the Company shall be allocated among the Members for U.S. federal, state and local income tax purposes in the same manner that each such item is allocated to the Member’s Capital Accounts pursuant to Section 3.2(d) or as otherwise provided herein, provided that the Board may adjust such allocations as long as such adjusted allocations have substantial economic effect or are in accordance with the interests of the Members in the Company, in each case within the meaning of the Code and the Treasury Regulations. Tax credits and tax credit recapture shall be allocated in accordance with the Members’ interests in the Company as provided in Treasury Regulations section 1.704-1(b)(4)(ii). Items of Company taxable income, gain, loss and deduction with respect to any property (other than cash) contributed to the capital of the Company or revalued shall, solely for tax purposes, be allocated among the Members, as determined by the Board in accordance with Section 704(c) of the Code, so as to take account of any variation between the adjusted basis of such property to the Company for U.S. federal income tax purposes and its fair market value at the time of contribution or revaluation, as the case may be. All of the Members agree that the Board is authorized to select the method or convention, or to treat an item as an extraordinary item, in relation to any variation of any Member’s interest in the Company described in section 1.706-4 of the Treasury Regulations in determining the Members’ distributive shares of Company items. All matters concerning allocations for U.S. federal, state and local and non-U.S. income tax purposes, including accounting procedures, not expressly provided for by the terms of this Agreement shall be determined by the Board in its sole discretion. Each Class B Ordinary Share is intended to be treated as a profits interest for U.S. federal income tax purposes, and all of the Members agree to report consistently with, and to take any action requested by the Board to ensure, such treatment.

  • Gross Income Allocations In the event any Partner has a deficit balance in its Capital Account at the end of any Partnership taxable period in excess of the sum of (A) the amount such Partner is required to restore pursuant to the provisions of this Agreement and (B) the amount such Partner is deemed obligated to restore pursuant to Treasury Regulation Sections 1.704-2(g) and 1.704-2(i)(5), such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 6.1(d)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted after all other allocations provided for in this Section 6.1 have been tentatively made as if this Section 6.1(d)(v) were not in this Agreement.

  • Allocations The profits and losses of the Company shall be allocated to the Members in accordance with their Percentage Interests from time to time.

  • General Allocations 26 Section 6.3

  • Book Allocations The net income and net loss of the Company shall be allocated entirely to the Member.

  • Gross Income Allocation If any Partner has a deficit Capital Account at the end of any Fiscal Year which is in excess of the sum of (i) the amount such Partner is obligated to restore, if any, pursuant to any provision of this Agreement, and (ii) the amount such Partner is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations Section 1.704-2(g)(1) and 1.704-2(i)(5), each such Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible; provided that an allocation pursuant to this Section 5.05(c) shall be made only if and to the extent that a Partner would have a deficit Capital Account in excess of such sum after all other allocations provided for in this Article V have been tentatively made as if Section 5.05(b) and this Section 5.05(c) were not in this Agreement.

  • Income Tax Allocations (a) Except as provided in this Section 4.3, each item of income, gain, loss and deduction of the Company for federal income tax purposes shall be allocated among the Members in the same manner as such items are allocated for Capital Account purposes under Section 4.1 and Section 4.2.

  • Special Allocations The following special allocations shall be made in the following order:

  • Capital Accounts Allocations There shall be established in respect of each Holder a separate capital account in the books and records of the Up-MACRO Holding Trust in respect of the Holder's Capital Contributions to the Up-MACRO Holding Trust (each, a "Capital Account"), to which the following provisions shall apply:

  • Offsetting Allocations Notwithstanding the provisions of Sections 6.1, 6.2.B and 6.2.C, but subject to Sections 6.3 and 6.4, in the event Net Income or items thereof are being allocated to a Partner to offset prior Net Loss or items thereof which have been allocated to such Partner, the General Partner shall attempt to allocate such offsetting Net Income or items thereof which are of the same or similar character (including without limitation Section 704(b) book items versus tax items) to the original allocations with respect to such Partner.

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