Common use of Method of Determination Clause in Contracts

Method of Determination. The Management Committee may base a determination that a distribution is not prohibited on any of the following: (i) financial statements prepared on the basis of accounting practices and principles that are reasonable in the circumstances; (ii) a fair valuation; or (iii) any other method that is reasonable in the circumstances. Except as provided in Section 18-607(b) of the Act, the effect of a distribution is measured as of the date the distribution is authorized if the payment occurs within one hundred twenty (120) days after the date of authorization, or the date payment is made if it occurs more than one hundred twenty (120) days of the date of authorization.

Method of Determination. The Management Committee may base a determination that a distribution is not prohibited on any of the following: (i) financial statements prepared on the basis of accounting practices and principles that are reasonable in generally consistent with those used to prepare the circumstancesCompany's audited financial statements; (ii) a fair valuation; or (iii) any other method that is reasonable in the circumstances. Except as provided in Section 18-607(b17254(e) of the ActCorporations Code, the effect of a distribution is measured as of the date the distribution is authorized if the payment occurs within one hundred twenty (120) days after the date of authorization, or the date payment is made if it occurs more than one hundred twenty (120) days of the date of authorization.

Method of Determination. The Management Committee may base a determination that a distribution is not prohibited on any of the following: (i) financial statements prepared on the basis of accounting practices and principles that are reasonable in generally consistent with those used to prepare the circumstancesCompany’s audited financial statements; (ii) a fair valuation; or (iii) any other method that is reasonable in the circumstances. Except as provided in Section 18-607(b17254(e) of the ActCorporations Code, the effect of a distribution is measured as of the date the distribution is authorized if the payment occurs within one hundred twenty (120) days after the date of authorization, or the date payment is made if it occurs more than one hundred twenty (120) days of the date of authorization.