Remedial Method definition
Examples of Remedial Method in a sentence
Notwithstanding the preceding provisions, the Remedial Method shall be utilized only as a method of last resort and only if the use of a combination of the Ceiling Method and Curative Method is unable to achieve a result which is within ninety-six percent (96%) of the Target Difference (in other words, a total amount which is 48.0% of the Ceiling/Curative Difference) and, if the Remedial Method is utilized, it shall be subject to the limitations of the preceding sentence.
Within thirty (30) days of making such calculations and determinations, such accounting firm for the Partnership shall issue a written report (the "704(c) Report") to each Partner recommending the various combinations of the Ceiling Method, Curative Method and Remedial Method to apply to the various Section 704(c) Layers within the Partnership, the Operating Partnership and each other subsidiary partnership for each Partner's review and comment.
The Partnership hereby agrees to indemnify, defend, and hold harmless LBC and its shareholders (the “LBC Indemnitees”) on an after-tax basis, against the adverse tax impact to the LBC Indemnitees of the Partnership’s use of the Remedial Method during the Restrictive Period.
Within thirty (30) days of making such calculations and determinations, such accounting firm for the Partnership shall issue a written report (the “704(c) Report”) to each Partner recommending the various combinations of the Ceiling Method, Curative Method and Remedial Method to apply to the various Section 704(c) Layers within the Partnership, the Operating Partnership and each other subsidiary partnership for each Partner’s review and comment.
The annual amount payable in respect thereof shall be calculated as provided above assuming that no income tax impact will occur in subsequent years of the Restrictive Period under the Remedial Method relative to the traditional method.
The amount of such indemnification with respect to use of the Remedial Method, which shall be calculated and adjusted annually, shall have a present value equal to the excess of (i) the sum of the present values of (x) the income taxes actually paid by the LBC Indemnitees with respect to LBC’s interest in the Partnership during the Restrictive Period, plus (y) the taxes that would have been paid by the LBC Indemnitees if the 35 ▇.
Within thirty (30) days of making such calculations and determinations, such accounting firm for the Partnership shall issue a written report (the “704(c) Report”) to each Partner recommending the various combinations of the Ceiling Method, Curative Method and Remedial Method to apply to the various Section 704(c) Layers within the Holdings Partnership, the Partnership and each subsidiary partnership for each Partner’s review and comment.
Within thirty (30) days of making such calculations and determinations, such accounting firm for the Partnership shall issue a written report (the "704(c) Report") to each Partner recommending the various combinations of the Ceiling Method, Curative Method and Remedial Method to apply to the various Section 704(c) Layers within the Holdings Partnership, the Partnership and each subsidiary partnership for each Partner's review and comment.
Such allocations shall be made utilizing the "Remedial Method" described in Treasury regulations Section 1.704-3(d).
The Partnership shall account for such variation under the "Remedial Method" approved under Code Section 704(c) and the applicable Regulations thereunder.