Material Burden definition
Material Burden means (i) a material violation of a statute, rule, regulation or governmental administrative policy of a U.S. federal or state or non-U.S. governmental authority or stock exchange regulatory organization applicable to a Subscriber that is reasonably likely to have a material adverse effect on a portfolio company or any affiliate thereof or on the Company, any related investment fund or Muzinich Parties (as defined below), the Adviser or any of their respective affiliates or on any Subscriber or any affiliate of any such Subscriber or, with respect to a Stockholder that is a “Benefit Plan Investor” as defined in Section 3(42) of ERISA (an “ERISA Stockholder”), on the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, (ii) an occurrence, without the Company’s consent, that is reasonably likely to subject a portfolio company or any affiliate thereof or the Company, the Adviser or any of their respective affiliates or any Subscriber or any affiliate of any such Subscriber or, with respect to an ERISA Stockholder, the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, to any material non-tax regulatory requirement to which it would not otherwise be subject, or that is reasonably likely to materially increase any such regulatory requirement beyond what it would otherwise have been or (iii) an occurrence that is reasonably likely to constitute or otherwise result in a non-exempt “prohibited transaction” under ERISA or Section 4975 of the Code or a violation of any law substantially similar to Section 406 of ERISA or Section 4975 of the Code (“Similar Law”).
Material Burden means (i) a material violation of a statute, rule, regulation or governmental administrative policy of a U.S. federal or state or non-U.S. governmental authority or stock exchange regulatory organization that is reasonably likely to have a material adverse effect on the Company, a portfolio company or any affiliate thereof, the Adviser or any of their respective affiliates or on any Subscriber or any affiliate of any such Subscriber or, with respect to a Shareholder that is an “employee benefit plan” (as defined in ERISA) that is subject to ERISA or a “plan” (as defined in Section 4975 of the Code) that is subject to Section 4975 of the Code (an “ERISA Shareholder”), the sponsor of such ERISA Shareholder or any of such sponsor’s affiliates, (ii) an occurrence, without the Company’s consent, that is reasonably likely to subject the Company, a portfolio company or any affiliate thereof, the Adviser or any of their respective affiliates or any Subscriber or any affiliate of any such Subscriber, or, with respect to an ERISA Shareholder, the sponsor of such ERISA Shareholder or any of such sponsor’s affiliates, to any material non-tax regulatory requirement to which it would not otherwise be subject, or that is reasonably likely to materially increase any such regulatory requirement beyond what it would otherwise have been or (iii) an occurrence that is reasonably likely to constitute or otherwise result in a non-exempt “prohibited transaction” under ERISA or Section 4975 of the Code or a violation of any provisions of any other U.S. federal, state, local or other laws or regulations that are similar to the prohibited transaction provisions contained in ERISA or Section 4975 of the Code (collectively, “Similar Laws”).
Material Burden means any undertaking, condition, consent decree, hold separate order, divestiture, operational restriction or limitation or other action by any Governmental Entity that, if effected, would reasonably be expected to restrict, limit, restrain or impair (A) Parent’s ability to own, operate, retain or change all or a material portion of the assets, licenses, operations, rights, product lines, businesses or interest therein of the Company or any of its Subsidiaries or other Affiliates from and after the Effective Time or any of the assets, licenses, operations, rights, product lines, businesses or interest therein of Parent or any of its Subsidiaries or other Affiliates (including, without limitation, by requiring any sale, divestiture, transfer, license, lease, disposition of or encumbrance or hold separate arrangement with respect to any such assets, licenses, operations, rights, product lines, businesses or interest therein) or (B) Parent’s ability to vote, transfer, receive dividends or otherwise exercise full ownership rights with respect to the stock of the Surviving Corporation.
Examples of Material Burden in a sentence
Pricing Workbook Spreadsheet containing Work Item Pricing and Labor & Material Burden Rates ( Attachment J-4) • Identification of all enclosures included with the proposal, • CAGE and Data Universal Numbering System (DUNS) numbers for the Prime contractor, • Notice of any alterations to the solicitation, such as “fill-in” blocks and certifications, and • Notice of any alterations to the solicitation (except for completing appropriate “fill-in” blocks and certifications).
Volume I shall be limited to the Cover Letter, SF 33, acknowledged amendments, the Labor and Material Burden Rates Price Sheet/excel worksheet (Attachment J-1) documenting the proposed fully burdened ship repair labor rates and material burden rates, and the Joint Venture/teaming arrangement (if applicable).
All prices and costs are for a single Product.: Standard Price = Cost + Standard Gross Margin + Special Demand Cost Cost = Materials Cost + Materials Burden + Direct Labor + Overhead Special Demand Cost = Carrying Cost ÷ Minimum Yearly Order Quantity Carrying Cost = Materials Cost + Material Burden × Prime Rate × Number of Special Demand Units Carried Where: “Standard Gross Margin” is 35% of Transfer Price “Material Burden” is 20% of material cost Overhead is 200% of direct labor b.
Engineering O/H [*] [*] [*] [*] [*] Manufacturing O/H [*] [*] [*] [*] [*] Material Burden [*] [*] [*] [*] [*] G&A [*] [*] [*] [*] [*] [*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission.
Offerors must utilize the Labor and Material Burden Rates Price Sheet, Attachment J-2, to submit their price proposal.
All prices and costs are for a single Product.: Standard Price = Cost + Standard Gross Margin + Special Demand Cost Cost = Materials Cost + Materials Burden + Direct Labor + Overhead Special Demand Cost = Carrying Cost ¸ Minimum Yearly Order Quantity Carrying Cost = Materials Cost + Material Burden x Prime Rate x Number of Special Demand Units Carried Where: “Standard Gross Margin” is 35% of Transfer Price “Material Burden” is 20% of material cost Overhead is 200% of direct labor b.
More Definitions of Material Burden
Material Burden means (i) a material violation of a statute, rule, regulation or governmental administrative policy of a U.S. federal or state or non- U.S. governmental authority or stock exchange regulatory organization applicable to a Subscriber that is reasonably likely to have a material adverse effect on a portfolio company or any affiliate thereof or on the Company, any related investment fund, the Advisor or any of their respective affiliates or on any Subscriber or any affiliate of any such Subscriber or, with respect to a Stockholder that is an "employee benefit plan" (as defined in ERISA) that is subject to ERISA or a "plan" (as defined in Section 4975 of the Code) that is subject to Section 4975 of the Code (an "ERISA Stockholder"), on the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor's affiliates, (ii) an occurrence, without the Company's consent, that is reasonably likely to subject a portfolio company or any affiliate thereof or the Company, the Advisor or any of their respective affiliates or any Subscriber or any affiliate of any such Subscriber or, with respect to an ERISA Stockholder, the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor's affiliates, to any material non-tax regulatory requirement to which it would not otherwise be subject, or that is reasonably likely to materially increase any such regulatory requirement beyond what it would otherwise have been or (iii) an occurrence that is reasonably likely to constitute or otherwise result in a non- exempt "prohibited transaction" under ERISA or Section 4975 of the Code or a violation of any Similar Law.
Material Burden means (i) a material violation of a statute, rule, regulation or governmental administrative policy of a U.S. federal or state or non-U.S. governmental authority or stock exchange regulatory organization applicable to the Subscriber that is reasonably likely to have a material adverse effect on a portfolio company or any affiliate thereof or on the Company or any related investment fund, the Adviser or any of their respective affiliates or on any Stockholder or any affiliate of any Stockholder or, with respect to a Stockholder that is a “Benefit Plan Investor” as defined in Section 3(42) of ERISA (an “ERISA Stockholder”), on the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, (ii) an occurrence, without the Company’s consent, that is reasonably likely to subject a portfolio company or any affiliate thereof or the Company, the Adviser or any of their respective affiliates or any Stockholder or any affiliate of any Stockholder or, with respect to an ERISA Stockholder, the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, to any material non-tax regulatory requirement to which it would not otherwise be subject, or that is reasonably likely to materially increase any such regulatory requirement beyond what it would otherwise have been or (iii) an occurrence that is reasonably likely to constitute or otherwise result in a non-exempt “prohibited transaction” under ERISA or Section 4975 of the Code or a violation of any law substantially similar to Section 406 of ERISA or Section 4975 of the Code (“Similar Law”).
Material Burden means (i) a material violation of a statute, rule, regulation or governmental administrative policy of a U.S. federal or state or non-U.S. governmental authority or stock exchange regulatory organization applicable to a Subscriber that is reasonably likely to have a material adverse effect on a portfolio company or any affiliate thereof or on the Company, any related investment fund, the Advisor or any of their respective affiliates or on any Subscriber or any affiliate of any such Subscriber or, with respect to a Stockholder that is an “employee benefit plan” (as defined in ERISA) that is subject to ERISA or a “plan” (as defined in Section 4975 of the Code) that is subject to Section 4975 of the Code (an “ERISA Stockholder”), on the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, (ii) an occurrence, without the Company’s consent, that is reasonably likely to subject a portfolio company or any affiliate thereof or the Company, the Advisor or any of their respective affiliates or any Subscriber or any affiliate of any such Subscriber or, with respect to an ERISA Stockholder, the ERISA Stockholder, the sponsor of such ERISA Stockholder or any of such sponsor’s affiliates, to any material non-tax regulatory requirement to which it would not otherwise be subject, or that is reasonably likely to materially increase any such regulatory requirement beyond what it would otherwise have been or (iii) an occurrence that is reasonably likely to constitute or otherwise result in a non-exempt “prohibited transaction” under ERISA or Section 4975 of the Code or a violation of any Similar Law.
Material Burden. Rates: (covers QA, mfg eng., purchasing, receiving, stockroom services, financing) o *** for Std Purchased Mtl o *** for High $ Purchased Mtl (****see separate list of items included) o _ TBD % for In House Fabricated Mtl . MFGR agrees to share cost savings realized from converting to In House Fabrication and to adjust Material Burden Rates accordingly. Actual percentage of burden for In House Fabricated materials will vary depending part type. **** Items on High Dollar Specialty Materials list represent parts which are purchased with little to no value added by MFGR during manufacturing yet represent a significant percentage of the overall product costs. Certain items could eventually be manufactured In House by MFGR or consigned to the MFGR at which time they would be re-categorized. Billable Assembler Labor Rates: *** Billable Technician Labor Rate: *** Billable Engineering Rates: *** (Separate agreement required for design services. Ref Agreement Sections 6.2 and 6.5). Sales Price Formula Used for Invoicing Systems: (Total Std Purchased Mtl Cost + Std Mtl Burden ) + (Total High $ Purchased Mtl Cost + High $ Burden ) + (Total In House Fabricated Mtl [w/ std profit and w/o additional markup] ) + (Total Internal Assembler Labor Hrs * Assembler Labor Rate) + (Total Internal Technician Labor Hrs * Technician Labor Rate) = System Price Cost and Sales Price Adjustments: Upon shipment of each machine MFGR will submit to Intraop Medical a cost breakdown for review. Any significant adjustments in costs will be communicated and sales price increases or decreases negotiated between parties.