Net Economic Return definition
Net Economic Return shall have the meaning ascribed to such term in paragraph 2 of Exhibit E to the Lease.
Net Economic Return means the anticipated net after-tax yield and ------------------- total after-tax cash flow expected by the original Owner Participant with respect to the Equipment (both through the Early Purchase Date and the Basic Term Expiration Date), utilizing the multiple investment sinking fund method of analysis and the same assumptions as used by such Owner Participant in making the computations of Basic Rent, Stipulated Loss Value and Termination Value, terms of Equipment Notes and Early Purchase Price initially set forth in Schedules 3, 4, 5 and 6 to the Participation Agreement.
Net Economic Return means the Owner Participant's net after-tax yield utilizing the multiple investment sinking fund method of analysis and aggregate net after-tax cash flow, computed on the basis of the same methodology and assumptions as were utilized by the initial Owner Participant in determining Lessor Rent, Stipulated Loss Value percentages and Termination Value percentages, as of the Closing Date.
Examples of Net Economic Return in a sentence
The economic yields and cash flows shall be computed on the same assumptions, including tax rates as were used by Lessor in originally evaluating the transaction ("Net Economic Return").
If, in its reasonable opinion, Lessor determines that its net after-tax economic yield or after-tax cash flow ("Net Economic Return") has been adversely affected as a result of a change in the Assumptions (a "Loss"), Lessee agrees to pay to Lessor, on demand, an amount which will cause Lessor's then Net Economic Return to equal the Net Economic Return that Lessor would have received had such Loss not occurred.
The Alternative Rent Schedule will allocate the Additional Amount over the Basic Lease Term in accordance with the rules of Section 467 of the Code then in effect and in a manner that preserves the Owner Participant's Net Economic Return.
In connection with any adjustments pursuant to this Article IX, the Owner Participant shall provide to the Lessee a certificate of a Responsible Officer of such Owner Participant stating that all such computations were made in good faith and were made so that any increase in Net Economic Return was minimized consistent with the adjustments required, and (b) stating that all the requirements of Article IX were complied with.
Such adjustment shall be made in such manner as to maintain the Net Economic Return and to minimize the greatest extent practicable consistent therewith, the mathematical average of the remaining Basic Rent payments.
More Definitions of Net Economic Return
Net Economic Return means the Owner Participant's net after-tax yield utilizing the multiple investment sinking fund method of analysis and aggregate net after-tax cash flow, computed on the basis of the same methodology and assumptions as were utilized by the initial Owner Participant in determining Basic Rent, Stipulated Loss Value percentages and Termination Value percentages, as of the Delivery Date, as such assumptions may be adjusted for events that have been the basis for adjustments to Basic Rent pursuant to Section 3.2.1(b) of the Lease or events giving rise to indemnity payments pursuant to Section 5 of the Tax Indemnity Agreement; PROVIDED, that, if the initial Owner Participant shall have transferred its interest, Net Economic Return shall be calculated as if the initial Owner Participant had retained its interest; PROVIDED FURTHER, that, notwithstanding the preceding proviso, solely for purposes of Section 11 of the Participation Agreement and calculating any adjustments to Basic Rent, Stipulated Loss Values and Termination Values in connection with a refunding pursuant to such Section 11 at a time when Owner Participant is a transferee (other than an Affiliate of the initial Owner Participant), the after-tax yield (but not the after-tax cash flow) component of Net Economic Return shall be calculated on the basis of the methodology and assumptions utilized by the transferee Owner Participant as of the date on which it acquired its interest.
Net Economic Return means Lessor's net after-tax yield, aggregate after-tax cash flow and return on assets, based on (i) the assumptions used by Lessor in originally calculating Rent and Stipulated Loss Value percentages, including the assumptions set forth above (as such assumptions may have been revised pursuant to the last sentence of this subsection) and (ii) the Highest Marginal Tax Rate actually in effect during each year from the date of such original calculations to the date of such Tax Loss, both dates inclusive. In the event Lessor shall suffer a Tax Loss with respect to which Lessee is required to pay an indemnity hereunder, and the full amount of such indemnity has been paid or provided for hereunder, the aforesaid assumptions, without further act of the parties hereto, shall thereupon be and be deemed to be amended, if and to the extent appropriate, to reflect such Tax Loss.
Net Economic Return means the Owner Participant's nominal after-tax book ------------------- yield (utilizing the multiple investment sinking fund method of analysis), aggregate net after-tax cash and periodic FASB 13 earnings (plus or minus 5%), computed on the basis of the same methodology, constraints and assumptions as were utilized by the initial Owner Participant in determining Basic Rent percentages and Termination Value percentages as of the Delivery Date; provided, -------- that, if the initial Owner Participant shall have transferred its interest, Net Economic Return shall be calculated as if the initial Owner Participant had retained its interest; provided, further, that, notwithstanding the preceding -------- ------- proviso, solely for purposes of Article 13 of the Participation Agreement and calculating any adjustments to Basic Rent percentages and Termination Values percentages in connection with a refinancing pursuant to such Article 13 at a time when the Owner Participant is a transferee (other than an Affiliate of the initial Owner Participant), the after-tax yield (but not the after-tax cash) component of Net Economic Return shall be calculated on the basis of the methodology and assumptions utilized by the transferee Owner Participant as of the date on which it acquired its interest.
Net Economic Return means:
Net Economic Return means the Beneficiary's nominal after-tax book yield (utilizing the multiple investment sinking fund method of analysis), computed through the Early Purchase Date and the Expiry Date on the basis of the same methodology, constraints and assumptions as were utilized by the -------- * Confidential initial Beneficiary in determining Basic Rent and Stipulated Loss Values as of the Delivery Date; provided that, if the initial Beneficiary shall have transferred all or any portion of its interest, Net Economic Return shall be calculated as if the initial Beneficiary had retained its interest .
Net Economic Return means the Owner Participant's nominal after-tax book yield (utilizing the multiple investment sinking fund method of analysis), computed through the EBO Date and the Expiration Date on the basis of the same methodology, constraints and assumptions as were utilized by the initial Owner Participant in determining Basic Rent percentages and Termination Value percentages as of the Delivery Date; PROVIDED, that, if the initial Owner Participant shall have transferred its interest, Net Economic Return shall be calculated as if the initial Owner Participant had retained its interest. "NON-U.S. PERSON" means any Person other than a U.S. Person.
Net Economic Return. Owner Participant's net after-tax book yield, using the "multiple investment sinking fund" method of analysis, and aggregate and present value (discounted at 6% per annum) of the net after-tax cash flow, computed both through the EBO Date (assuming Lessee's exercise of the early buy-out option in ss. 17.3.1(a)(1) of the Lease) and through the end of the Base Term, and computed on the basis of the same methodology and assumptions as the initial Owner Participant used in determining Basic Rent payments and allocations, Stipulated Loss Value percentages, and Termination Value percentages, as of the Delivery Date, as such assumptions are adjusted for events that have been the basis for adjustments to Basic Rent pursuant to ss. 3.2.1(b) of the Lease or events giving rise to indemnity payments pursuant to ss. 5 of the Tax Indemnity Agreement; PROVIDED, that, even if the initial Owner Participant transfers its interest, Net Economic Return shall be calculated as if the initial Owner Participant had retained its interest; PROVIDED FURTHER, that, notwithstanding the preceding proviso, solely for purposes of ss. 11 of the Participation Agreement and calculating any adjustments to Basic Rent payments and allocations, Stipulated Loss Values, EBO Price, and Termination Values in connection with a refunding pursuant to such ss. 11 at a time when Owner Participant is a transferee (other than an Affiliate of the initial Owner Participant), the after-tax yield (but not the after-tax cash flow) component of Net Economic Return shall be calculated on the basis of the methodology and assumptions used by the transferee Owner Participant as of the date when it acquires its interest.