Example ContractsClausesdetermination of income or lossVariants
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Consolidated Net Income” means, with reference to any period, the net income (or loss) of and its Subsidiaries calculated in accordance with GAAP on a consolidated basis (without duplication) for such period, without any adjustment for net income (or loss) attributable to Equity Interests of a Subsidiary of that are not owned by Company or one of its Subsidiaries (i.e., non-controlling interests); provided that there shall be excluded any income (or loss) of any Person other than or a Subsidiary, but any such income so excluded may be included in such period or any later period to the extent of any cash dividends or distributions actually paid in the relevant period to or any wholly-owned Subsidiary of .

“Consolidated“Consolidated Net Income” means, with reference to any period, the net income (or loss) of and its Subsidiaries calculated in accordance with GAAP on a consolidated basis (without duplication) for such period, without any adjustment for net income (or loss) attributable to Equity Interests of a Subsidiary[[LC Account Party:Organization]] of that are not owned by Company or one of its Subsidiaries (i.e., non-controlling interests); provided that there shall be excluded any income (or loss) of any Person other than or a Subsidiary,[[LC Account Party:Organization]], but any such income so excluded may be included in such period or any later period to the extent of any cash dividends or distributions actually paid in the relevant period to or any wholly-owned Subsidiary[[LC Account Party:Organization]] of .

“Consolidated“Consolidated Net Income” means, with reference tofor any period, the net income (or loss) of the Corporation and its Subsidiaries calculated in accordance with GAAP on a consolidated basis (without duplication) for such period, without any adjustment for net income (or loss) attributable to Equity Interests of a Subsidiary of that are not owned by Company or one of its Subsidiaries (i.e., non-controlling interests);period; provided that there shall be excluded any income (or loss) of any Person other than the Corporation or a Subsidiary, but any such income so excluded may be included in such period or any later period to the extent of any cash dividends or distributions actually paid in the relevant period to the Corporation or any wholly-owned Subsidiary of . the Corporation.

“Consolidated“Consolidated Net Income” means, with reference tofor any period, theperiod of determination thereof, net income (or loss) of and its Subsidiaries calculated for such period, as determined in accordance with GAAP on a consolidated basis (without duplication) for such period, without any adjustment for net income (or loss) attributable to Equity Interests of a Subsidiary of that are not owned by Company or one of its Subsidiaries (i.e., non-controlling interests); provided that there shall be excluded any income (or loss) of any Person other than or a Subsidiary, but any such income so excluded may be included in such period or any later period to the extent of any cash dividends or distributions actually paid in the relevant period to or any wholly-owned Subsidiary of . GAAP.

“Consolidated“Consolidated Net Income” means, with reference tofor any period, the net income (or loss)or net loss of the Company and its Consolidated Subsidiaries calculated in accordance with GAAPfor such period determined on a consolidated basis (without duplication) for such period, without any adjustment for net income (or loss) attributable to Equity Interests of a Subsidiary of that are not owned by Company or one of its Subsidiaries (i.e., non-controlling interests);in accordance with GAAP; provided that there shall be excluded anyexcluded, without duplication, the income (or loss)or loss of any Person other than accrued prior to the date it becomes a Subsidiary of the Company or a Subsidiary, but any such income so excluded may be included in such periodis merged into or consolidated with the Company or any later period toof its Subsidiaries, or the extent of any cash dividends or distributions actually paid indate that such Person’s assets are acquired by the relevant period to Company or any wholly-owned Subsidiary of . Subsidiary.

“Consolidated“Consolidated Net Income” means, with reference tofor any period, for the Company and its Subsidiaries on a consolidated basis, the net income (or loss)(loss) of the Company and its Subsidiaries calculated in accordance with GAAPfor that period, determined on a consolidated basis (without duplication) for such period, without any adjustment for net income (or loss) attributable to Equity Interests of a Subsidiary of that are not owned by Company or one of its Subsidiaries (i.e., non-controlling interests); provided that there shall be excluded any income (or loss) of any Person other than or a Subsidiary, but any such income so excluded may be included in such period or any later period to the extent of any cash dividends or distributions actually paid in the relevant period to or any wholly-owned Subsidiary of . accordance with GAAP.

“Consolidated“Consolidated Net Income” means, with reference tofor any period, the net income (or loss)or loss of the Company and its Subsidiaries calculated in accordance with GAAPfor such period, determined on a consolidated basis (without duplication) for such period, without any adjustment for net income (or loss) attributable to Equity Interests of a Subsidiary of that are not owned by Company or one of its Subsidiaries (i.e., non-controlling interests); provided that there shall be excluded any income (or loss) of any Person other than or a Subsidiary, but any such income so excluded may be included in such period or any later period to the extent of any cash dividends or distributions actually paid in the relevant period to or any wholly-owned Subsidiary of . accordance with GAAP.

“Consolidated“Consolidated Net Income” means, with reference tofor any period, the net income (or loss)or loss of the Company and its Consolidated Subsidiaries calculated in accordance with GAAPfor such period, determined on a consolidated basis (without duplication) for such period, without any adjustment for net income (or loss) attributable to Equity Interests of a Subsidiary of that are not owned by Company or one of its Subsidiaries (i.e., non-controlling interests); provided that there shall be excluded any income (or loss) of any Person other than or a Subsidiary, but any such income so excluded may be included in such period or any later period to the extent of any cash dividends or distributions actually paid in the relevant period to or any wholly-owned Subsidiary of . accordance with GAAP.

“Consolidated“Consolidated Net Income” means, with referencerespect to the Company and its Subsidiaries for any period, in each case as determined in accordance with GAAP, the consolidated net income (or loss) of the Company and its Subsidiaries calculated in accordance with GAAP on a consolidated basis (without duplication) for suchthat period, withoutexcluding # any adjustment for netgains from Asset Dispositions; # any extraordinary gains; # the income (or loss) attributable to Equity Interests of aany Subsidiary of during that are not owned byperiod in which any other Person (other than the Company or onea Subsidiary) has a joint interest and contractual provisions actually restrict the amount of dividends or other distributions payable in cash to the Company or any of its Subsidiaries (i.e., non-controlling interests); providedduring such period, except to the extent of the amount of cash dividends or other distributions actually paid or payable in cash to the Company or any Subsidiary during that there shall be excluded anyperiod; # the income (or loss) of any Person other than during that period and accrued prior to the date it becomes a Subsidiary of the Company or is merged into or consolidated with a Subsidiary, butLoan Party or that Person’s assets are acquired by a Loan Party, except to the extent permitted with respect to, and only with respect to, pro forma calculations permitted or required by the terms of this Agreement; # the income of any such income so excluded may be included in such periodSubsidiary to the extent that the declaration or payment of dividends or similar distributions by that Subsidiary to the Company or any later periodof its Subsidiaries of that income is not at the time permitted by operation of the terms of its organizational documents, its governing documents, or any agreement, instrument, judgment, decree, order, statute, rule; or governmental regulation applicable to that Subsidiary, except to the extent of anythe amount of cash dividends or other distributions actually paid in cash to the relevant period to Company or any wholly-owned Subsidiary of . during such period; and # any gains (or losses) from discontinued operations.

“Consolidated“Consolidated Net Income” means, with referencein respect of any period and as determined for any Person (the “Subject Person”) on a consolidated basis, an amount equal to any period, the net income (or loss)(loss) of such Subject Person and its Subsidiaries calculatedSubsidiaries, determined in accordance with GAAP on a consolidated basis (without duplication) for such period,GAAP, but excluding, without any adjustment for net income (or loss) attributable to Equity Interests of a Subsidiary of that are not owned by Company or one of its Subsidiaries (i.e., non-controlling interests); provided that there shall be excluded any income (or loss) of any Person other than or a Subsidiary, but any such income so excluded may be included in such period or any later period to the extent of any cash dividends or distributions actually paid in the relevant period to or any wholly-owned Subsidiary of . duplication:

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