NOL Value definition
Examples of NOL Value in a sentence
The term "NOL Value" means 23% of the amount of any net operating losses available to TFM and its Subsidiaries under applicable Tax Laws of the UMS which are relinquished to the Mexican government by TFM and its Affiliates without any other value received therefor.
The parties agree that, to the extent that the Study results in a determination that the annual usage limitation on NOLs under Code Sections 382 and 383 (the “Actual Usage Limitation“) is less than the Benchmark Annual Limitation, an impairment to the value of the Benchmark NOL Value exists (an “NOL Impairment“).
The difference between the Benchmark NOL Value and the recalculated NOL value will be the NOL Impairment Value.
In the event that the Estimated NOL Value is greater than the Final NOL Value, Buyer shall pay to Seller an amount equal to such difference.
In either event, such payment shall be made within five business days from the date of the determination of the Final NOL Value, increased by an amount equal to 0.015068493% thereof per day for each day from and including the Closing Date to but not including the date of such payment.
The parties further agree that the actual value of such NOL Impairment (the “NOL Impairment Value“) shall be determined by recalculating the NOL value by applying the Actual Usage Limitation according to the methodology set forth on Exhibit 4.12 to this Agreement and subtracting it from the Benchmark NOL Value.