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In general, if a de facto liquidation is deemed to occur, the tax consequences are substantially the same as if the company had formally liquidated.
A bankrupt company shall be liquidated according to the procedure laid down in the Enterprise Bankruptcy Law.
This article reviews the application of a liquidated damages clause to an employment restrictive covenant agreement and emphasizes how practitioners can draft enforceable clauses for their business clients' protection.
The Arkansas general rule pertaining to liquidated damages is that an agreement for liquidated damages in advance of the breach of contract will be enforced if the amount is
A "time is of the essence clause"--In contracts where the liquidated damages clause is invalid, the courts will allow an owner to invoke this clause to recover damages, provided the property owner can demonstrate an accurate calculation of consequential damages.
Liquidated damages are a predetermined amount of money that the parties to a contract agree will be awarded to one or both parties if there is a breach of contract.
Using liquidated home equity for entry fees delivers another significant benefit for both the consumer and the sponsor--legal tax avoidance.
Trinity fared no better on the liquidated damages issue.
The appellate court ruled that not only was the restrictive covenant enforceable but so was the liquidated damages provision.
Since the Tax Reform Act of 1986 (TRA 86) repealed the General Utilities doctrine, it has become more attractive to retain a liquidated corporation as a personal holding company (PHC).
These are the damages which are the so-called "difficult or impossible damages to determine" for which the remedy of liquidated damages is particularly suited.
As an alternative or supplement to a restrictive covenant, physician executives should consider the use of a liquidated damage provision.