Total profits are defined as the difference between the total price at which the Underwriters sell the Shares to the public and the total price that the Underwriters pay to purchase the Shares from the Company). The relative fault of the parties shall be determined by reference to, among other things, whether the untrue or alleged untrue statement of a material fact or the omission or alleged omission to state a material fact relates to information supplied by the Company or the Underwriters, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission, and any other equitable considerations appropriate in the circumstances. The Company and the Underwriters agree that it would not be equitable if the amount of such contribution were determined by pro rata or per capita allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take into account the equitable considerations referred to above in this Section 8(d). Notwithstanding any other provision of this Section 8, no Underwriter shall be obligated to make contributions hereunder in excess of any amount by which the total price at which the Shares underwritten by it and distributed to the public were offered to the public exceeds the amount of any damages that such Underwriter has otherwise been required to pay in respect of the same or any substantially similar claim. The Underwriters' obligations to contribute hereunder are several in proportion to their respective underwriting obligations and not joint, and contributions among Underwriters shall be governed by the provisions of the J.P. Morgan Securities Inc. Master Agreement Among Underwriters. Xx xxxxxx guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. For purposes of this Section 8(d), each person, if any, who controls an Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act shall have the same rights to contribution as such Underwriter, and each director of the Company, each officer of the Company who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, shall have the same rights to contribution as the Com...
Total profits means the total amount of undistributed net earnings of any corporation to which this chapter is applicable from the date of its organization, including such portions of its surplus fund or guaranty fund as have been derived from net earnings or from undivided profits;
Total profits means the total amount of undistributed net earnings of any
Examples of Total profits in a sentence
The Quarterly dist ribution of the Registered Holders’ share of Total Profits or Loss, shall, however, be subject to final determination and adjustment by FPM against the total sum payable to the Registered Holder(s) on maturity of the Certificates held by them or their earlier redemption.
More Definitions of Total profits
Total profits means the net profits of FPM after charging all expenses, provisions and management fees, which shall be calculated on an accrual basis and in conformity with the generally accepted accounting principles applied on a consistent basis;
Total profits means the total amount of undistributed netearnings of any corporation to which this chapter is applicable from thedate of its organization, including such portions of its surplus fund orguaranty fund as have been derived from net earnings or from undividedprofits;
Total profits means the total amou n t of undistributed net earnings of any
Total profits means net profit of One Exam Prep LLC [plus any Related Companies], as calculated by the Company subject to customary generally accepted accounting practices, rounded down to the nearest multiple of $25,000 (for example, $890,000 is rounded down to $875,000 and $24,000 is rounded down to $0, similarly, ($290,000) would be rounded down to ($275,000)). In the event that Total Revenue or Total Profits are negative, they shall decrease the applicable Bonus, provided that the Bonus shall in no event be less than $0, provided further that any negative Bonus calculation for any period ending June 30th, shall carry over and adjust downward any positive Bonus for any period ending December 31st.
Total profits means the sum of all amounts distributed or distributable under Sections 8.3(vi), 8.3(vii), 8.3(viii) and 8.3(ix) of the LLC Agreement (which includes all amounts distributed or distributable to Unit Holders under this Plan or the VDK Holdings Plan).
Total profits means the sum of all amounts distributed or distributable under Sections 8.3(vi), 8.3(vii), 8.3(viii) and 8.3(ix) of the VDK LLC Agreement (which includes all amounts distributed or distributable to Unit Holders under this Plan or the Amended LLC Plan).