Excess Profits definition

Excess Profits has the meaning set forth in Section 5.2(c)(i).

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Excess Profits. As defined in Section 3.3.

Excess Profits shall have the meaning set forth in Section 8.1(c)(i) hereof.

Examples of Excess Profits in a sentence

• Except as described in the immediately preceding sentence, the obligation to pay the Excess Profits Participation shall survive any termination of this Schedule E.

• For the avoidance of doubt, notwithstanding the total amount of the Catch-Up Amount calculated and payable for each period, the portion of the Catch-Up Amount paid in cash for such period shall not exceed the amount of Excess Profits for such period.

• The Guarantor shall pay the cost of any audit revealing an understatement of Available Excess Profits by more than three percent (3%) in the aggregate.

• If Acquisition Co. sells Properties, or is itself sold, for non-cash consideration, Manager shall be paid a pro-rata portion of the Excess Profits Participation in the form of such non-cash consideration.

• The amount, if any, of the Excess Profits Participation payable to Manager shall be determined and deemed earned on the Measurement Date (whether or not this Schedule E has been terminated prior to such date) unless prior to such date this Schedule E was terminated: (a) by Acquisition Co. for Cause, (b) by Manager (for any reason other than as a result of a Acquisition Co. Default) on or prior to December 31, 2012, or (c) in the event of a Failure to Agree Termination.

More Definitions of Excess Profits

Excess Profits has the meaning set forth in Section 6.7.1.

Excess Profits means, with respect to a Limited Partner and an Incentive Allocation Period, the amount, if any, by which such Limited Partner’s Performance Amount through the last day of such Incentive Allocation Period exceeds the sum of (i) such Limited Partner’s Loss Recovery Amount, if any, as of the first day of such Incentive Allocation Period and (ii) such Limited Partner’s Preferred Return with respect to such Incentive Allocation Period.

Excess Profits means, with respect to each Borrower for which the Net Resolution Proceeds for all the Assets of such Borrower exceeds the Resolution Proceeds Target for such Borrower, the amount by which the Net Resolution Proceeds for the Assets of such Borrower exceeds the Resolution Proceeds Target for such Borrower.

Excess Profits shall have the meaning specified in paragraph 4.02(a)(i).

Excess Profits means, if the Total Return with respect to S Shares, I Shares, F-S Shares, F-I Shares, A-I Shares and A-II Shares for the applicable period exceeds the sum, with respect to such relevant type of S Shares, I Shares, F-S Shares and F-I Shares, of (i) the Hurdle Amount for an applicable period, and (ii) the Loss Carryforward Amount, such excess amount.

Excess Profits means, if the Total Return with respect to S Shares, I Shares, T-S Shares, T-I Shares, P-S Shares, P-I Shares, F-S Shares, F-I Shares, A-I Shares and A-II Shares for the applicable period exceeds the sum, with respect to such relevant type of S Shares, I Shares, P-S Shares, T-S Shares, T-I Shares, P-I Shares, F-S Shares, F-I Shares, A-I Shares and A-II Shares of (i) the Hurdle Amount for an applicable period, and (ii) the Loss Carryforward Amount, such excess amount.

Excess Profits shall have the meaning set forth in Section 3.3(a)(i).