NOL Value definition

NOL Value means the aggregate value of net cash Taxes saved by Parent and its Affiliates (including the Company and its Subsidiaries) as a result of the utilization of Available NOLs (determined on a with and without basis) in the three (3) tax years ending after the Closing Date; provided, that NOL Value shall be computed (A) by taking into account any limitations on the utilization of Available NOLs under Section 382 of the Code (or any corresponding provisions of applicable state and local Tax Law) or otherwise under applicable Tax Law and (B) by disregarding the utilization of any Available NOLs to the extent that the utilization of any such Available NOLs gives rise to a refund (or credit or offset that, at a taxpayer’s option, is elected in lieu of a cash refund) that is for the benefit of the Holders pursuant to Section 5.8.5.
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. .
NOL Value means the value of the NOLs as of September 30, 1995 as reflected on the September Audited GAAP Balance Sheet without regard to the actual NOLs (the "September 30 NOLs"), reduced by (i) any amounts paid to any of the Companies or any Subsidiaries in respect of such NOLs pursuant to Section 8.7(j) hereof, and (ii) 35% of any taxable income of the Companies and their Subsidiaries for the Post-September 30 Tax Period, determined in accordance with Section 8.5 and without regard to (A) the September 30 NOLs, (B) Post-September 30 Special Items or (C) any additions to reserves claimed with respect to the Post-September 30 Tax Period which satisfy the requirement for reserves relating to a Permitted Capital Contribution.

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.


More Definitions of NOL Value

NOL Value means an amount equal to $1,000,000.

Related to NOL Value

  • RI Value means, in respect of a Reference Item and a ST Valuation Date, (i) the RI Closing Value for such Reference Item in respect of such ST Valuation Date, divided by (ii) the relevant RI Initial Value (expressed as a percentage).

  • Total Value means either the fair market value or the actual price paid for a covered animal part or product, whichever is greater.

  • FR Value means, in respect of a ST FR Valuation Date, Worst Value.

  • New value means (i) money, (ii) money's worth in property, services, or new credit, or (iii) release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.

  • rand value means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;