Common use of Examples of Clause in Contracts

Examples of. Common Fixed Assets contemplated by subparagraph (e) above would include, but not be limited to, the purchase, use and maintenance of a corporate airplane, corporate apartment(s) or corporate automobiles. The costs and expenses for Common Fixed Assets would be allocated among the Affiliated Companies, as follows: 1) The cost to acquire or place in service a particular Common Fixed Asset, together with the cost of all leasehold or other improvements thereto, would be allocated among and paid by each of the Affiliated Companies, including the Companies, based upon a fraction, the numerator of which is the five-year moving average of revenues for each Affiliated Corporation and the denominator is the aggregate of the five-year moving averages of revenues for all of the Affiliated Companies. 2) In general, Common Fixed Asset related costs which are associated with clearly identifiable usage by a particular Affiliated Corporation would be billed to that Affiliated Corporation at a pre-determined fixed rate. The fixed rate would be based upon incremental out-of-pocket costs. The remaining costs for Common Fixed Assets (which arise both out of use that is common (or indistinguishable as to a particular Affiliated Corporation) as well as insufficient use to fully absorb all Common Fixed Asset costs) would be allocated among all Affiliated Companies based upon the formula described in subparagraph (1) above.

Examples of. Common Fixed Assets contemplated by subparagraph (e5) above would include, but not be limited to, the purchase, use and maintenance of a corporate airplane, corporate office(s) and apartment(s) or corporate automobiles. The costs and expenses for Common Fixed Assets would be allocated among the Affiliated Companies, as follows: 1) The cost to acquire or place in service a particular Common Fixed Asset, together with the cost of all leasehold or other improvements thereto, would be allocated among and paid by each of the Affiliated Companies, including the Companies, based upon a fraction, the numerator of which is the five-year moving average of revenues for each Affiliated Corporation and the denominator of which is the aggregate of the five-year moving averages of revenues for all of the Affiliated Companies. 2) In general, Common Fixed Asset related costs which are associated with clearly identifiable usage by a particular Affiliated Corporation would be billed to that Affiliated Corporation at a pre-determined fixed rate. The fixed rate would be based upon incremental out-of-pocket costs. The remaining costs for Common Fixed Assets (which arise both out of use that is common (or indistinguishable as to a particular Affiliated Corporation) as well as insufficient use to fully absorb all Common Fixed Asset costs) would be allocated among all Affiliated Companies based upon the formula described in subparagraph (1) above.