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OCR Page 1 of 55Participating Manufacturer or as part of consolidated financial
statements reported to the SEC by an Affiliate of the Original
Participating Manufacturers) or, in the case of an Original
Participating Manufacturer that does not report income to the
SEC, as reported in financial statements prepared in
accordance with United States generally accepted accounting
principles and audited by a nationally recognized accounting
firm), divided by (y) the aggregate number of the individual
Cigarettes shipped in or to the United States, the District of
Columbia and Puerto Rico by all the Original Participating
Manufacturers in such year (determined in accordance with
subsection II(mm).
(D) In the event that in the year immediately preceding the
year in which the NPM Adjustment in question is applied
both (x) the Relative Market Share of Lorillard Tobacco
Company (or of its successor) ("Lorillard") was less than or
equal to 20.0000000%, and (y) the number of individual
Cigarettes shipped in or to the United States, the District of
Columbia and Puerto Rico by Lorillard (determined in
accordance with subsection II(mm)) (for purposes of this
subsection (D), "Volume") was less than or equal to 70
billion, Lorillard's and Philip Morris Incorporated's (or its
successor's) ("Philip Morris") shares of the Available NPM
Adjustment calculated pursuant to subsections (3)(A)-(C)
above shall be further reallocated between Lorillard and
Philip Morris as follows (this subsection (3)(D) shall not
apply in the year in which either of the two conditions
specified in this sentence is not satisfied):
(i) Notwithstanding subsections (A)-(C) of this subsection
(d)(3), but subject to further adjustment pursuant to
subsections (D)(ii) and (D)(iii) below, Lorillard's share of the
Available NPM Adjustment shall equal its Relative Market
Share of such Available NPM Adjustment (the applicable
Relative Market Share to be that in the year immediately
preceding the year in which such NPM Adjustment is
applied). The dollar amount of the difference between the
share of the Available NPM Adjustment Lorillard is entitled
to pursuant to the preceding sentence and the share of the
Available NPM Adjustment it would be entitled to in the
same year pursuant to subsections (d)(3)(A)-(C) shall be
reallocated to Philip Morris and used to decrease or increase,
as the case may be, Philip Morris's share of the Available
NPM Adjustment in such year calculated pursuant to
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