Pursuant to U. S. Treasury Regulation Section 1.704-1(b)(2)(iv)(f), the Company shall adjust the Gross Asset Values (as defined in the Amended and Restated Operating Agreement) of the Company’s assets to equal the gross fair market values of such assets, as determined by the Board in accordance with the Amended and Restated Operating Agreement, as of immediately prior to the purchase of Class E-1 Preferred Units, Class E-2 Preferred Units, Class F-1 Preferred Units and Class F-2 Preferred Units pursuant to Section 2.1, and shall allocate any gain or loss attributable to such adjustments among the members of the Company in accordance with the Amended and Restated Operating Agreement and this Section 5.5.
Pursuant to U. S. DOE's Class Waiver W(C) 95-008 of the Government's Patent Rights in Inventions Made by Employees of Institutes and Other Entities of the Newly Independent States of the Former Soviet Union in the Course of or under Agreements Entered into with Management and Operating Contractors of the Department of Energy, Recipient has the right to elect title to Subject Inventions of Recipient in the Newly Independent States. Partner has the right to elect title to Subject Inventions of Recipient in the United States, and will notify DOE and Center of any such elections.
Pursuant to U. S.S.G. § 2C1.1(b)(2), and U.S.S.G. § 2B1.1(b)(1)(C), a 4-level enhancement applies, based on payments to Xxxxxxxxxx through Alliance of more than $15,000 not more than $40,000.
Pursuant to U. S.S.G. § 2C1.1(b)(1), a 2-level enhancement applies, because the offense involved more than one bribe.
Pursuant to U. S. Treasury Regulations Section 1.409A-1(h)(4), Seller and Purchaser agree that, on the Transfer Date, each Transferred Employee shall be treated as having a "separation from service" with Seller and Seller's Affiliates for purposes of Section 409A of the Code and Treasury Regulations Section 1.409A-1(h).
Pursuant to U. S.S.G. § 2S1.1(a)(1), the Laundering of Monetary Instruments, a base offense level of 6;
Pursuant to U. S.S.G. § 2B1.1(b)(1)(J), Loss Exceeds 2,500,000, an offense level increase of 18;
Pursuant to U. S.S.G. § 8C2.4(a)(2) and 18 U.S.C. § 3571 (d), the pecuniary gain to ELf LILLY derived from this offense for criminal sentencing purposes was $3, 750,000;
Pursuant to U. S.S.G. § 2R1.1(b)(1) the base offense level is increased by 1 because the conduct involved participation in an agreement to submit non-competitive bids. There are no increases in the offense level pursuant to U.S.S.G. § 2R1.1(b)(2) because the volume of commerce attributable to the defendant is less than $1,000,000.
Pursuant to U. S.S.G. §§ 5E1.2(b) and 2R1.1(c)(1) the Guidelines Fine Range for an individual is one to five percent of the volume of commerce, but not less than $20,000. Therefore, the Guidelines Fine Range would be $6,720 to $33,602 (one to five percent of $672,036), plus applicable interest and penalties. The government intends to recommend a fine of $10,000.
