THE BIG PICTURE
MV-Link Productions (MV-Link) is a producer and distributor of motion picture films. It specializes in action
adventure films popular with males, mostly in the teen and young adult market. While it has only been in
business for 7 years, it has produced several moneymaking hits as well as many more minor "B" films
that are shown on cable networks and through video rental stores.
MV-Link has recently completed the production of five new films. This set of five films contains one film
(“Kombat Rex”) that marketing research indicates will be a top box office hit. The other four (KR II, KR III,
KR IV, KR V) are "filler" films that will be bundled with the hit and licensed to theatres for exhibition. To
receive access to the hit, theatres must agree to show all films a minimum number of times.
In July 2006, MV-Link entered into an exclusive contract with PACE Theatres, Inc. (PACE), a large
theatre chain with approximately 475 theatres across the United States. This contract provided in part as
follows:
Agreement: PACE is granted the right, license, and permission to display the five films listed herein during
the contract period. In consideration of this contract, MV-Link will receive:
1. $5,000,000, payable $2,500,000 upon contract signature and $2,500,000 on September 1,
2006.
2. $500 for each film showing in each location.
Contract period: The contract period shall be the six months commencing on September 1, 2006.
Limitation on screenings: PACE agrees to show Kombat Rex no more than 42 times per theater and the four
accompanying films (KR II, KR III, KR IV and KR V) no fewer than 18 times each per theater.
Exclusivity: PACE shall have exclusive screening rights during the contract period. MV-Link acknowledges
that an integral inducement in consideration of the contract is PACE’s interest in being the sole source,
without competition from other theaters in the market, during the contract period.
At the signing of the contract, PACE paid $2,500,000 of the $5,000,000.
PACE sent checks to MV-Link for $2,500,000 on September 1,2006, and $5,462,500 on January 20,
2007, along with an audited statement detailing the number of showings as of December 31, 2006. The
following is a summary of that information:
Film Number of Showings Amount Due
Kombat Rex 8,550 $4,275,000
KR II-V 2,375 1,187,500
10,925 $5,462,500
In March 2007, MV-Link received a demand notice from PACE that all monies previously paid were to be
returned or they would file a lawsuit. In their letter, they enclosed a newspaper clipping from a movie
theatre in Toronto, Canada that was advertising the set of five films for showing the second week of
February 2007.
Copyright 2009, Dr. Janice Bell and Dr. Melanie Williams
Required
Write a report using the report writing guide from the co ...
Annotated Bibliography In Unit VII, you will have a research pa.docxaryan532920
Annotated Bibliography
In Unit VII, you will have a research paper due. As a building assignment toward that research paper, your assignment is to prepare an annotated bibliography listing five sources you will use.
At least one of your articles must come from the CSU Online Library.
At least one source must relate to managing conflict, negotiation, or third-party intervention.
Under each source, include the following information:
o a summary of the reference or article,
o an evaluation of the reference or article, including any methods or main concepts, and
o three to five sentences on why you feel the source will be helpful to you for the content of your final research paper.
Your annotated bibliography must be a minimum of two pages in length. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations per APA guidelines. If you have any questions on how to write an annotated bibliography, please refer to the CSU Writing Center for resources.
Information about accessing the Grading Rubric for this assignment is provided below.
Textbook:
Transforming Healthcare Leadership, A systems guide to improve patient care, decrease costs, & improve population health by Michal maccoby, Clifford L. Norman, C. Jane Norman, Richard Margolies
Faculty Feedback to Learner: For the submission. Good paper. Please note your paper should follow APA format and must have conclusion and use headings and subheadings.
THE BIG PICTURE
MV-Link Productions (MV-Link) is a producer and distributor of motion picture films. It specializes in action
adventure films popular with males, mostly in the teen and young adult market. While it has only been in
business for 7 years, it has produced several moneymaking hits as well as many more minor "B" films
that are shown on cable networks and through video rental stores.
MV-Link has recently completed the production of five new films. This set of five films contains one film
(“Kombat Rex”) that marketing research indicates will be a top box office hit. The other four (KR II, KR III,
KR IV, KR V) are "filler" films that will be bundled with the hit and licensed to theatres for exhibition. To
receive access to the hit, theatres must agree to show all films a minimum number of times.
In July 2006, MV-Link entered into an exclusive contract with PACE Theatres, Inc. (PACE), a large
theatre chain with approximately 475 theatres across the United States. This contract provided in part as
follows:
Agreement: PACE is granted the right, license, and permission to display the five films listed herein during
the contract period. In consideration of this contract, MV-Link will receive:
1. $5,000,000, payable $2,500,000 upon contract signature and $2,500,000 on September 1,
2006.
2. $500 for each film showing in each location.
Contract period: The contract period shall be the six months commencing on Septem ...
Deloitte US Comments on Cost Contribution Arrangements Discussion DraftPhilippe Penelle
This document provides comments on the OECD's discussion draft regarding revisions to transfer pricing guidelines on cost contribution arrangements. It disagrees with the interpretation in the discussion draft that parties must control risks and perform development functions to be entitled to more than a financing return when sharing costs. It provides examples from various industries of uncontrolled parties entering arrangements where they share costs at cost proportionate to benefits without controlling risks or performing functions. It argues this is consistent with the arm's length principle and that the discussion draft position is inconsistent with observable market behavior.
1. The document discusses various aspects of revenue recognition under Indian accounting standards including the definition of revenue, importance of revenue, revenue recognition principles, special transactions involving revenue, accounting for construction contracts, government grants, foreign exchange transactions, real estate transactions, and challenges in revenue recognition.
2. It provides details on the conditions that must be satisfied for revenue recognition, methods for measuring revenue for different types of contracts and services, and the seller's responsibilities under various Incoterms rules.
3. Common problems with revenue recognition are discussed including issues for e-commerce, telecom, real estate, construction contracts, and other complex transactions.
DemiseofBroadlyWrittenMAC - November 2007Kevin Miller
This document discusses the SLM Corporation lawsuit against buyers who sought to back out of an acquisition agreement after legislation negatively impacted SLM's business. It analyzes the definition of a "material adverse effect" in the agreement and debates whether the court will focus on the plain language used, which favors the buyers, or take the perspective of a reasonable acquirer as in previous cases. The outcome could provide guidance on interpreting detailed MAE provisions with numerous exceptions.
This document discusses base erosion and profit shifting (BEPS) in the context of transfer pricing. It defines BEPS as tax planning strategies that exploit gaps and mismatches in tax rules to shift profits to low-tax jurisdictions or make profits disappear for tax purposes. The document outlines several factors responsible for BEPS, including hybrid mismatch agreements, digital economy issues, and aggressive transfer pricing practices. It also discusses the arm's length principle, comparable uncontrolled price method, issues developing countries face with transfer pricing, and solutions like the OECD's BEPS initiatives and improving tax treaty coordination and transparency.
Tax Notes DeSalvo - Staying Power of the UP CPhill Desalvo
In this document, Phillip DeSalvo discusses the staying power of the umbrella partnership corporation (UP-C) structure. He argues that contrary to predictions, UP-C offerings will continue to increase in the coming years due to their significant benefits. DeSalvo outlines the key benefits of the UP-C structure, including allowing historical owners to retain equity in a flow-through partnership entity after an IPO, providing liquidity to those owners via redemption rights, and generating additional proceeds for owners through tax receivable agreement payments based on tax savings realized by the public corporation. He also discusses characteristics of companies that are well-suited for UP-C offerings and potential pitfalls during the offering process.
Jeffrey Lillien -- Documentation of Different Trading Products: A Pragmatic A...Jeffrey Lillien
This document provides an overview of different approaches to documenting trading products through master agreements. It discusses using a single agreement like ISDA, product-specific agreements, and cross-product netting agreements. Key considerations in choosing an approach include applicable laws, goals like risk management, and operational capacity. The document also analyzes drafting issues and provides sample language to integrate different products under various agreement types.
EarlyShares SEC Comment Letter 2 - February 2014EarlyShares
The document provides comments on proposed rules for Regulation Crowdfunding. Some key points made include:
1) The proposed financial disclosure and ongoing reporting requirements will be too costly for many issuers, potentially deterring participation. Costs could exceed 100% of funds raised for some smaller offerings.
2) Issuers should have more control over sensitive information and who can access it, rather than all information being publicly available. A permission-based system would provide more protection and trust.
3) Funding portals should have flexibility to limit offerings based on both objective and subjective criteria, and to highlight certain offerings, to differentiate their platforms and services.
The commenter provides recommendations to address these concerns,
Annotated Bibliography In Unit VII, you will have a research pa.docxaryan532920
Annotated Bibliography
In Unit VII, you will have a research paper due. As a building assignment toward that research paper, your assignment is to prepare an annotated bibliography listing five sources you will use.
At least one of your articles must come from the CSU Online Library.
At least one source must relate to managing conflict, negotiation, or third-party intervention.
Under each source, include the following information:
o a summary of the reference or article,
o an evaluation of the reference or article, including any methods or main concepts, and
o three to five sentences on why you feel the source will be helpful to you for the content of your final research paper.
Your annotated bibliography must be a minimum of two pages in length. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations per APA guidelines. If you have any questions on how to write an annotated bibliography, please refer to the CSU Writing Center for resources.
Information about accessing the Grading Rubric for this assignment is provided below.
Textbook:
Transforming Healthcare Leadership, A systems guide to improve patient care, decrease costs, & improve population health by Michal maccoby, Clifford L. Norman, C. Jane Norman, Richard Margolies
Faculty Feedback to Learner: For the submission. Good paper. Please note your paper should follow APA format and must have conclusion and use headings and subheadings.
THE BIG PICTURE
MV-Link Productions (MV-Link) is a producer and distributor of motion picture films. It specializes in action
adventure films popular with males, mostly in the teen and young adult market. While it has only been in
business for 7 years, it has produced several moneymaking hits as well as many more minor "B" films
that are shown on cable networks and through video rental stores.
MV-Link has recently completed the production of five new films. This set of five films contains one film
(“Kombat Rex”) that marketing research indicates will be a top box office hit. The other four (KR II, KR III,
KR IV, KR V) are "filler" films that will be bundled with the hit and licensed to theatres for exhibition. To
receive access to the hit, theatres must agree to show all films a minimum number of times.
In July 2006, MV-Link entered into an exclusive contract with PACE Theatres, Inc. (PACE), a large
theatre chain with approximately 475 theatres across the United States. This contract provided in part as
follows:
Agreement: PACE is granted the right, license, and permission to display the five films listed herein during
the contract period. In consideration of this contract, MV-Link will receive:
1. $5,000,000, payable $2,500,000 upon contract signature and $2,500,000 on September 1,
2006.
2. $500 for each film showing in each location.
Contract period: The contract period shall be the six months commencing on Septem ...
Deloitte US Comments on Cost Contribution Arrangements Discussion DraftPhilippe Penelle
This document provides comments on the OECD's discussion draft regarding revisions to transfer pricing guidelines on cost contribution arrangements. It disagrees with the interpretation in the discussion draft that parties must control risks and perform development functions to be entitled to more than a financing return when sharing costs. It provides examples from various industries of uncontrolled parties entering arrangements where they share costs at cost proportionate to benefits without controlling risks or performing functions. It argues this is consistent with the arm's length principle and that the discussion draft position is inconsistent with observable market behavior.
1. The document discusses various aspects of revenue recognition under Indian accounting standards including the definition of revenue, importance of revenue, revenue recognition principles, special transactions involving revenue, accounting for construction contracts, government grants, foreign exchange transactions, real estate transactions, and challenges in revenue recognition.
2. It provides details on the conditions that must be satisfied for revenue recognition, methods for measuring revenue for different types of contracts and services, and the seller's responsibilities under various Incoterms rules.
3. Common problems with revenue recognition are discussed including issues for e-commerce, telecom, real estate, construction contracts, and other complex transactions.
DemiseofBroadlyWrittenMAC - November 2007Kevin Miller
This document discusses the SLM Corporation lawsuit against buyers who sought to back out of an acquisition agreement after legislation negatively impacted SLM's business. It analyzes the definition of a "material adverse effect" in the agreement and debates whether the court will focus on the plain language used, which favors the buyers, or take the perspective of a reasonable acquirer as in previous cases. The outcome could provide guidance on interpreting detailed MAE provisions with numerous exceptions.
This document discusses base erosion and profit shifting (BEPS) in the context of transfer pricing. It defines BEPS as tax planning strategies that exploit gaps and mismatches in tax rules to shift profits to low-tax jurisdictions or make profits disappear for tax purposes. The document outlines several factors responsible for BEPS, including hybrid mismatch agreements, digital economy issues, and aggressive transfer pricing practices. It also discusses the arm's length principle, comparable uncontrolled price method, issues developing countries face with transfer pricing, and solutions like the OECD's BEPS initiatives and improving tax treaty coordination and transparency.
Tax Notes DeSalvo - Staying Power of the UP CPhill Desalvo
In this document, Phillip DeSalvo discusses the staying power of the umbrella partnership corporation (UP-C) structure. He argues that contrary to predictions, UP-C offerings will continue to increase in the coming years due to their significant benefits. DeSalvo outlines the key benefits of the UP-C structure, including allowing historical owners to retain equity in a flow-through partnership entity after an IPO, providing liquidity to those owners via redemption rights, and generating additional proceeds for owners through tax receivable agreement payments based on tax savings realized by the public corporation. He also discusses characteristics of companies that are well-suited for UP-C offerings and potential pitfalls during the offering process.
Jeffrey Lillien -- Documentation of Different Trading Products: A Pragmatic A...Jeffrey Lillien
This document provides an overview of different approaches to documenting trading products through master agreements. It discusses using a single agreement like ISDA, product-specific agreements, and cross-product netting agreements. Key considerations in choosing an approach include applicable laws, goals like risk management, and operational capacity. The document also analyzes drafting issues and provides sample language to integrate different products under various agreement types.
EarlyShares SEC Comment Letter 2 - February 2014EarlyShares
The document provides comments on proposed rules for Regulation Crowdfunding. Some key points made include:
1) The proposed financial disclosure and ongoing reporting requirements will be too costly for many issuers, potentially deterring participation. Costs could exceed 100% of funds raised for some smaller offerings.
2) Issuers should have more control over sensitive information and who can access it, rather than all information being publicly available. A permission-based system would provide more protection and trust.
3) Funding portals should have flexibility to limit offerings based on both objective and subjective criteria, and to highlight certain offerings, to differentiate their platforms and services.
The commenter provides recommendations to address these concerns,
Mercer Capital's Portfolio Valuation: Private Equity and Venture Capital Mark...Mercer Capital
Mercer Capital's Portfolio Valuation: Private Equity and Venture Capital Marks and Trends Newsletter provides a brief digest and commentary of some of the most relevant market trends influencing the fair value regarding private equity portfolio investments.
Deloitte Comments on Discussion Draft on Risk Recharacterization and Special ...Philippe Penelle
This document is a letter from Deloitte Tax LLP and Deloitte LLP submitting comments to the OECD regarding proposed revisions to Chapter I of the OECD Transfer Pricing Guidelines. The letter includes:
1) An executive summary highlighting key concerns with the discussion draft, including that some proposals move away from the arm's length principle and do not align with economic analysis of risk and returns.
2) A response to specific questions from the OECD regarding the risk-return tradeoff and the ability of associated enterprises to have different risk preferences.
3) A restatement of the principles of the arm's length standard and how it relies on the concept of equal risk equaling equal
In this issue we will further explore the intricacies of Step 1: Identifying the contract(s) with a customer. Normally, a business knows who its customers are and can identify its contracts, however, the specific requirements of Topic 606 contain some challenges that will require judgment and documentation around these conclusions.
The application of Topic 606 and each step requires the use of judgment and provides opportunities for multiple approaches. The following discussion is broken down into a systematic framework for applying the guidance that we believe to be helpful whenever Step 1 is applied. This framework consists of three parts:
1. Determine if a contract exists
2. Determine if the contract is with a customer
3. Evaluate the five criteria in Step 1 to determine if the contract is a contract with a customer in the scope of Topic 606 (a “revenue contract”).
The document discusses criticisms of Australia's Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 and its impact on resource joint ventures. Specifically, it argues that the Bill fails to provide legal and commercial certainty for joint ventures by requiring that cartel provisions be contained within a contract and removing the competition test from the joint venture exceptions. This limits the exceptions' application to informal agreements and day-to-day operational decisions of joint ventures. The document advocates adopting the US approach of evaluating joint ventures based on their competitive effects rather than contractual requirements alone.
The document discusses strategies for optimizing legal process outsourcing (LPO) contracts during an economic recession. It recommends retaining existing customers while reducing costs without impacting service delivery. Key strategies include improving efficiency, quality and operations; renegotiating existing contracts to reduce costs; exercising audit and benchmarking rights; and drafting contracts with flexibility, liability caps, and exit strategies to adapt to changing market conditions.
Original air dates:
May 27, 2014 and June 12, 2014
The FASB's new standard on revenue recognition will impact most companies and their internal accounting practices. Are you ready? This new standard for revenue recognition does away with industry guidance in favor of a single contract based model. This will result in significant changes in internal accounting practices for virtually all industries. During this webinar, experts from CBIZ and Mayer Hoffman McCann will discuss requirements of the new standard; the implications of the standard to your business; and timing of the implementation.
Joint ventures and strategic alliances allow companies to grow in four ways: organic growth, strategic alliances, joint ventures, and mergers/acquisitions. Strategic alliances involve partnerships where organizations remain independent while aligning long-term goals for mutual benefit. Joint ventures form a new legal entity governed by partnership law, where parties contribute to a specific venture for a set time period and scope. While similar, strategic alliances are generally less formal than joint ventures and allow for more flexibility.
Working capital adjustments are made when comparing a tested party's transactions to potential comparable transactions to eliminate material differences in working capital levels like inventory, receivables, and payables. A working capital adjustment calculates the value of the working capital differences using an appropriate interest rate to adjust the profit of the comparable. Courts have upheld working capital adjustments but they must be reasonably accurate and eliminate material differences on a case by case basis.
The document discusses the key differences between IFRS 15/ASC 606 and previous revenue recognition standards. It provides an overview of the 5-step process for recognizing revenue under IFRS 15/ASC 606, including identifying performance obligations, determining transaction price, allocating price to obligations, and recognizing revenue as obligations are satisfied. The new standards apply to public entities for annual periods after December 15, 2017 and all other entities after December 15, 2018.
The document outlines a joint venture agreement between Nascent Applied Methods & Endeavors, a California-based company, and Contractee, a US-based company, to form the Nascent Applied Methods & Endeavors R&D Joint Venture network. The joint venture will operate an online educational service across online distribution channels in the US and worldwide. Nascent Applied Methods & Endeavors will license its brands and IP to the joint venture. Contractee will provide strategic marketing, back-office services, and financial support. Both companies will acquire stakes in the joint venture. The agreement covers governance, operations, intellectual property licensing, confidentiality, non-compete terms, and other standard joint venture agreement provisions.
Public Company Reporting (Series: Securities Law Made Simple (Not Really) Financial Poise
Once public, a company is subject to a continuously evolving landscape of disclosure and reporting requirements. Recent disclosure developments have addressed everything from executive compensation to cybersecurity. In addition, the prevalence of social media has made it such that a company must now consider not only the nuances of what to disclose but also how to deliver that disclosure. Is your company tweeting its earnings reports; are you using your corporate Facebook page to make Regulation FD disclosures?
In this webinar our expert panel provides you with a high-level overview of key public company reporting and disclosure requirements, including the latest developments brought about by the Dodd-Frank Act, JOBS Act, FAST Act and, most recently, the SEC’s Disclosure Effectiveness Initiative, as well as provide you with tangible examples and practical advice on how to comply with the ever-changing means of delivering that disclosure.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/public-company-reporting-2020/
This document summarizes Securities and Exchange Commission (SEC) reporting requirements for various triggering events that must be disclosed on Form 8-K. It includes 18 items that are grouped into 4 sections - the registrant's business and operations, financial information, securities and trading markets, and matters related to accountants and financial statements. Each item lists the disclosure requirements, whether Rule 10b-5 and the safe harbor apply, and impact on Form S-3 eligibility. Examples of company filings like GE are also referenced.
Different Problem, Same SolutionContract-Specialization in .docxlynettearnold46882
This document discusses a study of venture capital (VC) contracts that finds evidence of "contract-specialization" - that individual VCs tend to reuse familiar contractual terms from past deals rather than finely tailoring each contract. The study analyzes 4,561 VC contracts and finds that VCs restrict choices to a small set of alternatives, with the same exact terms being used in 46% of contracts as one of the previous five. This specialization persists after controlling for characteristics and indicates VCs are reluctant to experiment with unknown combinations due to costs of misunderstanding consequences. The study also finds VCs learn new terms from syndication partners, challenging the premise that each contract is uniquely tailored.
The interaction between competition law and joint ventures in India has been debated. Efficiency enhancing joint ventures are allowed under Section 3 if they increase efficiency in production, supply, distribution, etc. Judicial decisions have provided guidance, finding joint ventures efficient if they create new supply sources, ensure cashless hospitalization, or timely reimbursements. Joint ventures requiring asset transfers or meeting financial thresholds must notify the CCI. Defining the joint venture's true purpose and efficiencies, ensuring no reduction in competition, and avoiding information sharing or price fixing can help.
Commercial insurance risk and liability review, February 2016Browne Jacobson LLP
Our annual review provides a comprehensive review of some of the most important judgments and legal developments during 2015 and our analysis of some of the changes on the horizon for 2016 and beyond. We have covered a lot of ground this year so I hope you will be able to find a number of updates that are relevant and useful to you.
If you would like to know more about any of the topics, please feel free to contact any of the authors of the articles.
https://www.brownejacobson.com/insurance/training-and-resources/legal-updates/2016/01/commercial-insurance-risk-and-liability-review-2015-2016
Points to keep in mind when looking for an ATE on a multi claimant commercial...Demi Edmunds
Matthew Williams answers the following question: When looking for ATE on a multi claimant commercial claim, are there additional points to keep in mind?
The document discusses joint ventures, including their definition, types, reasons for forming them, agreements, benefits and risks, problems, and examples. A joint venture is formed between two or more parties to undertake economic activity together for a specific project or ongoing business relationship. Reasons for joint ventures include building on strengths, risk sharing, accessing new markets or technologies. The document outlines different types of joint ventures and important issues that should be addressed in a joint venture agreement.
The document discusses transfer pricing and related tax issues with specific reference to Pakistan. It provides definitions and guidelines related to transfer pricing according to OECD and Pakistani tax law. Some key points include:
- Multinational enterprises use transfer pricing to manipulate profits and taxes between subsidiaries in different countries. OECD has established guidelines for determining appropriate transfer prices.
- Transfer prices determine taxable profits in different jurisdictions. Tax motives for improper transfer pricing include reducing taxable profits and avoiding withholding taxes.
- Pakistani tax law includes some transfer pricing provisions but the legislation is still developing. The law authorizes tax authorities to distribute profits appropriately between associates.
- The arm's length principle means transactions between associates should
Mergers Acquisitions and Other Restructuring Activities 9th Edition DePamphil...lujepyce
Full download : http://alibabadownload.com/product/mergers-acquisitions-and-other-restructuring-activities-9th-edition-depamphilis-solutions-manual/
Mergers Acquisitions and Other Restructuring Activities 9th Edition DePamphilis Solutions Manual
Accident Up Ahead!Listen to this text being read aloud by a hu.docxmehek4
Accident Up Ahead!
Listen to this text being read aloud by a human being by clicking on this link.
Answer questions #1 and #2 and then answer #3 or #4.
1. When an accident or disaster occurs, many people will panic or just stand there looking. Why do they react that way? (Answer using a short paragraph.)
2. What fears and doubts does Jody have to overcome as she works? What helps her to keep going? (Answer using two short paragraphs.)
3. Write a paragraph about an accident that you experienced as a victim, an observer, or the person who helped the victim.
or
4. As one of the Fortins or Jodouins, write a letter to Jody Stevens thanking her for what she did.
Accident Up Ahead!
JANICE TYRWHITT
THE NORTHBOUND BUS had scarcely left North Bay, Ontario, when-at 1:30 a.m. on Saturday, October 11, 1975-it came to an abrupt halt. Peering out the bus window at Highway 11, Jody Stevens saw a line of taillights stretching into the night. "There must be an accident up ahead," she said to her seatmate. "I had better get out and help." Jody, a young nurse from Toronto, was on her way home to spend Thanksgiving (and celebrate her twenty-fourth birthday) with her family in Timmins. An October drizzle soaked her shoulders as she trudged past a quarter mile of stopped traffic to an eerie scene. In the flickering light of Coleman lamps and road flares, she saw the two-lane highway spattered with blood. An old school bus converted into a camper lay on its side in the ditch. A hunter's pickup truck was stalled in the left lane, the bodies of two moose lolling grotesquely from the back. Off the right shoulder was a silver Mercedes-Benz with a smashed hood. In the lane between them a silent ring of people had gathered round a fourth vehicle-a blue 1973 Ford, a crumpled wreck, with four people in it.
"I think they're all dead," a burly man told Jody.
She caught her breath and thought, Well, Stevens, what do you do now? Jody had packed a lot of experience into the two years since her graduation as a registered nurse, most recently at the Toronto East General Hospital. She threw off her corduroy coat and crawled into the back seat of the crushed car.
While Jody was riding north, twenty-six-year-old Charles Jodouin, his wife Jeanne, and her parents Omer and Lucie Fortin, were driving south from Timmins to visit Jeanne's sister in Kingston. Despite the late hour, traffic in both directions was fairly heavy. They were less than three miles out of North Bay when, suddenly, the left rear wheel spun off an oncoming converted school bus: it flew straight into the grill of a pickup truck moving south just ahead of the Jodouins. Then, out of control, the camperbus skidded across the centre line and sideswiped the Jodouins' blue Ford. A split second later a brand-new Mercedes, travelling behind the camper, also slammed into the Jodouins.
Scrambling into the wrecked blue Ford, Jody found herself in a welter of blood and splintered glass. Trapped in the driver's se.
Access the annual report provided in Course Materials to complete .docxmehek4
Access
the annual report provided in Course Materials to complete the Financial Reporting Problem, Part 1 assignment due in Week Six.
Analyze
the information contained in the company’s balance sheet and income statement to answer the following questions:
·
Are the assets included under the company’s current assets listed in the proper order? Explain your answer.
·
How are the company’s assets classified?
·
What are cash equivalents?
·
What are the company’s total current liabilities at the end of its most recent annual reporting period?
·
What are the company’s total current liabilities at the end of the previous annual reporting period?
·
Considering all the information you have gathered, why might this information be important to potential creditors, investors, and employees?
Create a table to summarize any dollar value answers. Then Summarize
the analysis in a 700- to 1,050-word paper in a Microsoft
®
Word document.
Format
your paper and presentation consistent with APA guidelines.
.
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Mercer Capital's Portfolio Valuation: Private Equity and Venture Capital Mark...Mercer Capital
Mercer Capital's Portfolio Valuation: Private Equity and Venture Capital Marks and Trends Newsletter provides a brief digest and commentary of some of the most relevant market trends influencing the fair value regarding private equity portfolio investments.
Deloitte Comments on Discussion Draft on Risk Recharacterization and Special ...Philippe Penelle
This document is a letter from Deloitte Tax LLP and Deloitte LLP submitting comments to the OECD regarding proposed revisions to Chapter I of the OECD Transfer Pricing Guidelines. The letter includes:
1) An executive summary highlighting key concerns with the discussion draft, including that some proposals move away from the arm's length principle and do not align with economic analysis of risk and returns.
2) A response to specific questions from the OECD regarding the risk-return tradeoff and the ability of associated enterprises to have different risk preferences.
3) A restatement of the principles of the arm's length standard and how it relies on the concept of equal risk equaling equal
In this issue we will further explore the intricacies of Step 1: Identifying the contract(s) with a customer. Normally, a business knows who its customers are and can identify its contracts, however, the specific requirements of Topic 606 contain some challenges that will require judgment and documentation around these conclusions.
The application of Topic 606 and each step requires the use of judgment and provides opportunities for multiple approaches. The following discussion is broken down into a systematic framework for applying the guidance that we believe to be helpful whenever Step 1 is applied. This framework consists of three parts:
1. Determine if a contract exists
2. Determine if the contract is with a customer
3. Evaluate the five criteria in Step 1 to determine if the contract is a contract with a customer in the scope of Topic 606 (a “revenue contract”).
The document discusses criticisms of Australia's Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 and its impact on resource joint ventures. Specifically, it argues that the Bill fails to provide legal and commercial certainty for joint ventures by requiring that cartel provisions be contained within a contract and removing the competition test from the joint venture exceptions. This limits the exceptions' application to informal agreements and day-to-day operational decisions of joint ventures. The document advocates adopting the US approach of evaluating joint ventures based on their competitive effects rather than contractual requirements alone.
The document discusses strategies for optimizing legal process outsourcing (LPO) contracts during an economic recession. It recommends retaining existing customers while reducing costs without impacting service delivery. Key strategies include improving efficiency, quality and operations; renegotiating existing contracts to reduce costs; exercising audit and benchmarking rights; and drafting contracts with flexibility, liability caps, and exit strategies to adapt to changing market conditions.
Original air dates:
May 27, 2014 and June 12, 2014
The FASB's new standard on revenue recognition will impact most companies and their internal accounting practices. Are you ready? This new standard for revenue recognition does away with industry guidance in favor of a single contract based model. This will result in significant changes in internal accounting practices for virtually all industries. During this webinar, experts from CBIZ and Mayer Hoffman McCann will discuss requirements of the new standard; the implications of the standard to your business; and timing of the implementation.
Joint ventures and strategic alliances allow companies to grow in four ways: organic growth, strategic alliances, joint ventures, and mergers/acquisitions. Strategic alliances involve partnerships where organizations remain independent while aligning long-term goals for mutual benefit. Joint ventures form a new legal entity governed by partnership law, where parties contribute to a specific venture for a set time period and scope. While similar, strategic alliances are generally less formal than joint ventures and allow for more flexibility.
Working capital adjustments are made when comparing a tested party's transactions to potential comparable transactions to eliminate material differences in working capital levels like inventory, receivables, and payables. A working capital adjustment calculates the value of the working capital differences using an appropriate interest rate to adjust the profit of the comparable. Courts have upheld working capital adjustments but they must be reasonably accurate and eliminate material differences on a case by case basis.
The document discusses the key differences between IFRS 15/ASC 606 and previous revenue recognition standards. It provides an overview of the 5-step process for recognizing revenue under IFRS 15/ASC 606, including identifying performance obligations, determining transaction price, allocating price to obligations, and recognizing revenue as obligations are satisfied. The new standards apply to public entities for annual periods after December 15, 2017 and all other entities after December 15, 2018.
The document outlines a joint venture agreement between Nascent Applied Methods & Endeavors, a California-based company, and Contractee, a US-based company, to form the Nascent Applied Methods & Endeavors R&D Joint Venture network. The joint venture will operate an online educational service across online distribution channels in the US and worldwide. Nascent Applied Methods & Endeavors will license its brands and IP to the joint venture. Contractee will provide strategic marketing, back-office services, and financial support. Both companies will acquire stakes in the joint venture. The agreement covers governance, operations, intellectual property licensing, confidentiality, non-compete terms, and other standard joint venture agreement provisions.
Public Company Reporting (Series: Securities Law Made Simple (Not Really) Financial Poise
Once public, a company is subject to a continuously evolving landscape of disclosure and reporting requirements. Recent disclosure developments have addressed everything from executive compensation to cybersecurity. In addition, the prevalence of social media has made it such that a company must now consider not only the nuances of what to disclose but also how to deliver that disclosure. Is your company tweeting its earnings reports; are you using your corporate Facebook page to make Regulation FD disclosures?
In this webinar our expert panel provides you with a high-level overview of key public company reporting and disclosure requirements, including the latest developments brought about by the Dodd-Frank Act, JOBS Act, FAST Act and, most recently, the SEC’s Disclosure Effectiveness Initiative, as well as provide you with tangible examples and practical advice on how to comply with the ever-changing means of delivering that disclosure.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/public-company-reporting-2020/
This document summarizes Securities and Exchange Commission (SEC) reporting requirements for various triggering events that must be disclosed on Form 8-K. It includes 18 items that are grouped into 4 sections - the registrant's business and operations, financial information, securities and trading markets, and matters related to accountants and financial statements. Each item lists the disclosure requirements, whether Rule 10b-5 and the safe harbor apply, and impact on Form S-3 eligibility. Examples of company filings like GE are also referenced.
Different Problem, Same SolutionContract-Specialization in .docxlynettearnold46882
This document discusses a study of venture capital (VC) contracts that finds evidence of "contract-specialization" - that individual VCs tend to reuse familiar contractual terms from past deals rather than finely tailoring each contract. The study analyzes 4,561 VC contracts and finds that VCs restrict choices to a small set of alternatives, with the same exact terms being used in 46% of contracts as one of the previous five. This specialization persists after controlling for characteristics and indicates VCs are reluctant to experiment with unknown combinations due to costs of misunderstanding consequences. The study also finds VCs learn new terms from syndication partners, challenging the premise that each contract is uniquely tailored.
The interaction between competition law and joint ventures in India has been debated. Efficiency enhancing joint ventures are allowed under Section 3 if they increase efficiency in production, supply, distribution, etc. Judicial decisions have provided guidance, finding joint ventures efficient if they create new supply sources, ensure cashless hospitalization, or timely reimbursements. Joint ventures requiring asset transfers or meeting financial thresholds must notify the CCI. Defining the joint venture's true purpose and efficiencies, ensuring no reduction in competition, and avoiding information sharing or price fixing can help.
Commercial insurance risk and liability review, February 2016Browne Jacobson LLP
Our annual review provides a comprehensive review of some of the most important judgments and legal developments during 2015 and our analysis of some of the changes on the horizon for 2016 and beyond. We have covered a lot of ground this year so I hope you will be able to find a number of updates that are relevant and useful to you.
If you would like to know more about any of the topics, please feel free to contact any of the authors of the articles.
https://www.brownejacobson.com/insurance/training-and-resources/legal-updates/2016/01/commercial-insurance-risk-and-liability-review-2015-2016
Points to keep in mind when looking for an ATE on a multi claimant commercial...Demi Edmunds
Matthew Williams answers the following question: When looking for ATE on a multi claimant commercial claim, are there additional points to keep in mind?
The document discusses joint ventures, including their definition, types, reasons for forming them, agreements, benefits and risks, problems, and examples. A joint venture is formed between two or more parties to undertake economic activity together for a specific project or ongoing business relationship. Reasons for joint ventures include building on strengths, risk sharing, accessing new markets or technologies. The document outlines different types of joint ventures and important issues that should be addressed in a joint venture agreement.
The document discusses transfer pricing and related tax issues with specific reference to Pakistan. It provides definitions and guidelines related to transfer pricing according to OECD and Pakistani tax law. Some key points include:
- Multinational enterprises use transfer pricing to manipulate profits and taxes between subsidiaries in different countries. OECD has established guidelines for determining appropriate transfer prices.
- Transfer prices determine taxable profits in different jurisdictions. Tax motives for improper transfer pricing include reducing taxable profits and avoiding withholding taxes.
- Pakistani tax law includes some transfer pricing provisions but the legislation is still developing. The law authorizes tax authorities to distribute profits appropriately between associates.
- The arm's length principle means transactions between associates should
Mergers Acquisitions and Other Restructuring Activities 9th Edition DePamphil...lujepyce
Full download : http://alibabadownload.com/product/mergers-acquisitions-and-other-restructuring-activities-9th-edition-depamphilis-solutions-manual/
Mergers Acquisitions and Other Restructuring Activities 9th Edition DePamphilis Solutions Manual
Similar to THE BIG PICTURE MV-Link Productions (MV-Link) is a produ.docx (20)
Accident Up Ahead!Listen to this text being read aloud by a hu.docxmehek4
Accident Up Ahead!
Listen to this text being read aloud by a human being by clicking on this link.
Answer questions #1 and #2 and then answer #3 or #4.
1. When an accident or disaster occurs, many people will panic or just stand there looking. Why do they react that way? (Answer using a short paragraph.)
2. What fears and doubts does Jody have to overcome as she works? What helps her to keep going? (Answer using two short paragraphs.)
3. Write a paragraph about an accident that you experienced as a victim, an observer, or the person who helped the victim.
or
4. As one of the Fortins or Jodouins, write a letter to Jody Stevens thanking her for what she did.
Accident Up Ahead!
JANICE TYRWHITT
THE NORTHBOUND BUS had scarcely left North Bay, Ontario, when-at 1:30 a.m. on Saturday, October 11, 1975-it came to an abrupt halt. Peering out the bus window at Highway 11, Jody Stevens saw a line of taillights stretching into the night. "There must be an accident up ahead," she said to her seatmate. "I had better get out and help." Jody, a young nurse from Toronto, was on her way home to spend Thanksgiving (and celebrate her twenty-fourth birthday) with her family in Timmins. An October drizzle soaked her shoulders as she trudged past a quarter mile of stopped traffic to an eerie scene. In the flickering light of Coleman lamps and road flares, she saw the two-lane highway spattered with blood. An old school bus converted into a camper lay on its side in the ditch. A hunter's pickup truck was stalled in the left lane, the bodies of two moose lolling grotesquely from the back. Off the right shoulder was a silver Mercedes-Benz with a smashed hood. In the lane between them a silent ring of people had gathered round a fourth vehicle-a blue 1973 Ford, a crumpled wreck, with four people in it.
"I think they're all dead," a burly man told Jody.
She caught her breath and thought, Well, Stevens, what do you do now? Jody had packed a lot of experience into the two years since her graduation as a registered nurse, most recently at the Toronto East General Hospital. She threw off her corduroy coat and crawled into the back seat of the crushed car.
While Jody was riding north, twenty-six-year-old Charles Jodouin, his wife Jeanne, and her parents Omer and Lucie Fortin, were driving south from Timmins to visit Jeanne's sister in Kingston. Despite the late hour, traffic in both directions was fairly heavy. They were less than three miles out of North Bay when, suddenly, the left rear wheel spun off an oncoming converted school bus: it flew straight into the grill of a pickup truck moving south just ahead of the Jodouins. Then, out of control, the camperbus skidded across the centre line and sideswiped the Jodouins' blue Ford. A split second later a brand-new Mercedes, travelling behind the camper, also slammed into the Jodouins.
Scrambling into the wrecked blue Ford, Jody found herself in a welter of blood and splintered glass. Trapped in the driver's se.
Access the annual report provided in Course Materials to complete .docxmehek4
Access
the annual report provided in Course Materials to complete the Financial Reporting Problem, Part 1 assignment due in Week Six.
Analyze
the information contained in the company’s balance sheet and income statement to answer the following questions:
·
Are the assets included under the company’s current assets listed in the proper order? Explain your answer.
·
How are the company’s assets classified?
·
What are cash equivalents?
·
What are the company’s total current liabilities at the end of its most recent annual reporting period?
·
What are the company’s total current liabilities at the end of the previous annual reporting period?
·
Considering all the information you have gathered, why might this information be important to potential creditors, investors, and employees?
Create a table to summarize any dollar value answers. Then Summarize
the analysis in a 700- to 1,050-word paper in a Microsoft
®
Word document.
Format
your paper and presentation consistent with APA guidelines.
.
Access the Internet to acquire a copy of the most recent annual re.docxmehek4
Access
the Internet to acquire a copy of the most recent annual report for the publicly traded company used to complete the Financial Reporting Problem, Part 1 assignment due in Week Six. (In week six, I wrote about Apple’s financial report)
Analyze
the information contained in the company’s balance sheet and income statement to answer the following questions:
·
Are the assets included under the company’s current assets listed in the proper order? Explain your answer.
·
How are the company’s assets classified?
·
What are cash equivalents?
·
What are the company’s total current liabilities at the end of its most recent annual reporting period?
·
What are the company’s total current liabilities at the end of the previous annual reporting period?
·
Considering all the information you have gathered, why might this information be important to potential creditors, investors, and employees?
Summarize
the analysis in a 700- to 1,050-word paper in a Microsoft® Word document.
Include
a copy of the company’s balance sheet and income statement.
Format
your paper and presentation consistent with APA guidelines.
.
Acc 290 Final Exam MCQs) Which financial statement is used to de.docxmehek4
This document contains 29 multiple choice questions about accounting concepts and principles from an ACC 290 final exam, including questions about:
- Financial statements and the statement of cash flows
- Basic accounting equations and debits and credits
- Adjusting entries, trial balances, and calculating financial metrics like cost of goods sold
- Inventory costing methods like FIFO and LIFO
- Internal controls and the Sarbanes-Oxley Act
AC2760
Week 2 Assignment
Read the following scenario, and complete the form on the following worksheet:
On March 1, 2012, Mitch Quade established Mitch Realty, which completed the following transactions during the month:
(a)
Mitch Quade transferred cash from a personal bank account to an account to be used for the business in exchange for capital stock, $18,000.
(b)
Purchase supplies on account, $1,200.
(c)
Earned sales commission, receiving cash, $14,000.
(d)
Paid rent on office and equipment for the month, $2,800.
(e)
Paid creditor on account, $750.
(f)
Paid office salaries, $3,000.
Instructions:
1
Journalize entries for transactions (a) through (f).
Omit the journal entry explanations. Please use the drop-down list (right of the cell) to enter the account description box on the worksheet.
2
Post the journal entries the T accounts, placing the appropriate letter to the left of each amount to identify the transactions.
Determine the account balance after all posting is complete.
Accounts containing only a single entry do not need a balance.
3
Prepare and unadjusted trial balance as of March 31, 2012.
1.
Journal - Mitch Realty
Description
Debit
Credit
(a)
(b)
(c)
(d)
(e)
(f)
2.
Ledger - Mitch Realty
Cash
Capital Stock
(a)
(d)
(a)
(c)
(e)
(f)
Sales Commission
Bal.
(c)
Supplies
Office Salaries Expense
(b)
(f)
Accounts Payable
Rent Expense
(e)
(b)
(d)
Bal.
3.
MITCH REALTY
Unadjusted Trial Balance
March 31, 2012
Debit
Credit
Cash
Supplies
Accounts Payable
Capital Stock
Sales Commissions
Rent Expense
Office Salaries Expense
-
-
.
AC1220 Lab 5.1IntroductionJake determines that owning the .docxmehek4
AC1220 Lab 5.1
Introduction
Jake determines that owning the building where Jake’s Computer Sales and Repair operates makes more sense than leasing the facility. On June 1, 20x1, Jake exchanges a $180,000 note payable for the following fixed assets:
·
Land
·
Land improvements, including fencing, paving, lighting, and signage
·
Building
Jake hires an independent appraiser who assigns the following market values to the assets:
Asset
Fair Market Value
Land
$23,500
Land improvements
$8,000
Building
$164,500
Requirement 1
Jake must allocate the $195,000 among three asset classes: land, land improvements, and building.
a. Compute the total fair market value (FMV) of the lump-sum purchase of assets.
Asset
Fair Market Value
Land
$23,500
Land improvements
8,000
Building
164,000
Total
b. Express land improvements and building as a percentage of the total FMV and allocate the purchase price of $180,000 to land improvements and building—the computation is completed for land.
Asset
Fair Market Value
% of Total Fair Market Value
Purchase Price
Cost of Asset
Land
$23,500
12%
$180,000
$21,600
Land improvements
180,000
Building
180,000
Total
c. Journalize the purchase of the assets, using the allocated costs computed in Requirement 1b.
Date
Account and Explanation
Debit
Credit
6/1/x1
To record purchase of land, land improvements, and building
Requirement 2
a. Classify each of the following spending items as either a capital expenditure or an expense. Indicate the correct choice with an “x”:
Spending
Capital Expenditure
Expense
Routine repairs to fencing, $120 (cash)
Renovation of building, including addition to warehouse, $15,000 (on account)
Resurfaced paving, extending the remaining useful life of the paving from 3 to 5 years, $1,000 (cash)
b. Journalize the expenditures described in Requirement 2a.
Date
Account and Explanation
Debit
Credit
6/1/x1
To record repairs to fencing
6/1/x1
To record renovation of building
6/1/x1
To record extraordinary repair
Requirement 3
a. Using the straight-line depreciation method, compute the depreciation expense and the accumulated depreciation that would be recorded at December 20x1. Completing the shaded cells in the following table:
Date
Asset Cost
Depreciable Cost
Straight-line Depreciation Rate
Depreciation Expense
Accumulated Depreciation
Book Value
Jun 1, 20x1
1/5 x 6/12
b. Using the double-declining balance method, compute the depreciation expense and the accumulated depreciation that would be recorded at December 20x1. Complete the shaded cells in the following table:
Date
Asset Cost
Depreciable Cost
Double-Declining Depreciation Rate
Depreciation Expense
Accumulated Depreciation
Book Value
Jun 1, 20x1
c. Assume that a truck is expected to be driven 7,000 miles through December 31, 20x1, and that each mile driven represents one production unit. Usi.
Abstract(Provide the main generalizable statement resulting .docxmehek4
Abstract
(
Provide the main generalizable
statement
resulting from the paper briefly)
Introduction
(Explain what the assignment is about to the reader briefly)
Anthropology definition
: according to Schaefer (2010) is “……………………………………………..” (p.5).
Interpretation: In your own words
Example: from your experiences
How does the discipline interface with sociology? Connect anthropology with sociology
Psychology definition
:
Interpretation:
Example:
How does it interface with sociology?
Political Science definition
:
Interpretation:
Example:
How does discipline interface with sociology?
Economics definition
:
Interpretation:
Example:
How does discipline interface with sociology?
Sociology definition
:
Interpretation:
Example:
How does discipline interface with sociology?
.
Abusive relationships are at the core of the Coetzee novel, whether .docxmehek4
Abusive relationships are at the core of the Coetzee novel, whether men and their abuse of women, individuals and their abuse of animals, and men and their abuse of other men. What does Coatzee want to convey to the reader about the nature of abuse and violence in relationships? How does he see both as emblematic of South Africa?
5 page paper on this topic above and include quotes or textual examples from the book.
.
Abraham, J., Sick, B., Anderson, J., Berg, A., Dehmer, C., & Tufano, A. (2011).
Selecting a provider: What factors influence patients' decision making?
Journal of Healthcare Management
,
56
(2), 99–114.
Chullen, C. L., Dunford, B. B., Angermeier, I., Boss, R. W., & Boss, A. D. (2011).
Minimizing deviant behavior in healthcare organizations: The effects of supportive leadership and job design
.
Journal of Healthcare Management
,
55
(6), 381–397.
Compare the two studies by analyzing their samples. Use the following questions to guide you.
What sampling design is used?
Is the sample size adequate?
How does the sample affect the validity of the conclusions of the study?
.
Abraham, J., Sick, B., Anderson, J., Berg, A., Dehmer, C., & Tufano, A. (2011).
Selecting a provider: What factors influence patients' decision making?
Journal of Healthcare Management
,
56
(2), 99–114.
·
Chullen, C. L., Dunford, B. B., Angermeier, I., Boss, R. W., & Boss, A. D. (2011).
Minimizing deviant behavior in healthcare organizations: The effects of supportive leadership and job design
.
Journal of Healthcare Management
,
55
(6), 381–397.
Compare the two studies by analyzing their samples. Use the following questions to guide you.
1.
What sampling design is used?
2.
Is the sample size adequate?
.
A.Da la correcta conjugación para cada oración.(Give the corre.docxmehek4
A.
Da la correcta conjugación para cada oración.
(Give the correct verb conjugation in F
ormal Commandfor each sentence)
.
Top of Form
1.
_______________
Ud. la cama. (hacer)
2.
______________ Uds. la mesa. (poner)
3.
______________
Ud. a tiempo. (salir)
4.
_____________
Uds. a la fiesta. (venir)
5.
_____________ Ud. la verdad. (decir)
6.
______________ Uds. a la fiesta. (ir)
7.
______________Ud. bueno. (ser)
8.
______________ Uds. la información. (saber)
9.
______________ Ud. en la clase a tiempo.
(estar)
10.
______________ Uds. respecto a sus profesores.
(dar)
11.
______________ Ud. a clase. (ir)
12.
______________ Uds. buenos. (ser)
13.
______________
Ud. el libro en la mochila. (poner)
14.
______________ Uds. de la casa a las ocho.
(salir)
15.
______________
Ud. a mi casa. (venir)
Bottom of Form
.
Abraham Lincoln is considered by many historians to be the greatest .docxmehek4
Abraham Lincoln is considered by many historians to be the greatest American President. His drive to end slavery and to unify the nation was at great personal cost. For this assignment, you will access two important primary sources authored by Abraham Lincoln.
Using the Internet, review the following primary source document:
[Lincoln, A.?]. [ca. 1863].
The Emancipation Proclamation
. Archived document, U.S. National Archives & Records Administration. Retrieved from
http://www.archives.gov/exhibits/featured_documents/
emancipation_proclamation/transcript.html
In addition, research the Internet for
The Gettysburg Address.
The
Webliography
for this module contains a link to this resource.
Based on your analysis of all the readings for this module, respond to the following:
What is Lincoln’s perception of liberty and equality?
Why did he place so much importance on the destruction of slavery and the continuation of one nation?
What examples from both documents demonstrate both civil liberties and rights?
Support your statements with appropriate scholarly references.
Write your initial response in a minimum of 300 words. Apply APA standards to citation of sources.
.
About half of the paid lobbyists in Washington are former government.docxmehek4
About half of the paid lobbyists in Washington are former government staff members or former members of Congress. Why would interest groups employ such people? Why might some reformers want to limit the ability of interest groups to employ them? On what basis might an interest group argue that such limits are unconstitutional?
.
ABC sells 400 shares of its $23 par common stock for $27. The entry .docxmehek4
ABC sells 400 shares of its $23 par common stock for $27. The entry would entail credit(s. to __________.
A. Cash for $9,200
B. Paid-in Capital in Excess of Par-Common for $800; Common Stock for $10,800
C. Paid-in Capital in Excess of Par-Common for $1,600; Common Stock for $9,200
D. Common Stock for $10,800
.
ABC company is increasing its equity by selling additional shares to.docxmehek4
ABC company is increasing its equity by selling additional shares to the public and also by converting its retained earnings. The total amount to be raised is $1,000. Given that the size of retained earnings is $300, how much should be raised externally (by issuing new shares)?
a) $700 b) $705 c) $1,000 d) $1,005 e) $300
.
A.The unification of previously fractious and divided Arab tribes.docxmehek4
A.
The unification of previously fractious and divided Arab tribes
B.
The capitulation of Jewish and Christian leaders
C.
Direct military assistance from the Sasanid state
D.
The exhaustion of the Byzantine Empire after Pyrrhic victories over the Ostrogoths and Vandals
.
A.Escribe la forma correcta del verbo en españolNosotros siem.docxmehek4
A. Escribe la forma correcta del verbo en español
Nosotros siempre_____________coca cola con la pizza. (drink)
Tú ________________________________ en Buenos Aires. (live)
Ellos ______________________________el pastel. (divide)
Yo _________________________la comida mexicana. (eat)
Paco ________________________el dinero en la caja. (hides)
Vosotros __________________________estudiar. (should)
Ramón y Carlos _______________________en el parque. (run)
La maestra __________________________ la puerta. (opens)
Yo _______________________el cuatro de Pedro. (describe)
Él _________________________el carro. (sells)
Tú ___________________un regalo para tu cumpleaños. (receive)
Los estudiantes______________________el libro. (read)
Vosotros ________________________a la clase de arte. (attend)
Ella ___________________________hacer la tarea. (promises)
Alejandra y yo ___________________a hablar español. (learn)
El hombre ____________________descubre el tesoro. (discovers)
Uds. ________________________las escaleras. (go up, climb)
Ud. ________________________el examen. (cover)
El niño _________________________la ventana. (breaks)
Las mujeres_________________________en Dios. (believe)
Escribe en español
We drink milk. _________________________________________
He breaks the window.____________________________________
They open the door.______________________________________
You (pl. Spain) promise to write.____________________________
I learn to speak Spanish.___________________________________
Contesta las preguntas
¿Dónde vives?____________________________________________
¿Lees muchos libros?______________________________________
¿Comes mucha comida mexicana?____________________________
¿Debes estudiar todos los días?_______________________________
¿Recibes buenas notas en todas tus clases?______________________
.
A.Both countries fought for independence from Great Britain, b.docxmehek4
A
.
Both countries fought for independence from Great Britain, but the United States won, and China did not.
B
.
Both countries were colonized, but the United States went on to become a major imperial power, and China did not.
C
.
Both countries established colonies in India, but the United States established commercial control, and China did not.
D
.
Both countries established colonies in the Caribbean, but the United States’ colonies rebelled, and China’s did not.
.
a.A patent purchased from J. Miller on January 1, 2010, for a ca.docxmehek4
a.
A patent purchased from J. Miller on January 1, 2010, for a cash cost of $5,640. When purchased, the patent had an estimated life of fifteen years.
b.
A trademark was registered with the federal government for $10,000. Management estimated that the trademark could be worth as much as $200,000 because it has an indefinite life.
c.
Computer licensing rights were purchased on January 1, 2010, for $60,000. The rights are expected to have a four-year useful life to the company.
Compute the acquisition cost of each intangible asset.
patent
trademark
licensing rights
.
A.) Imagine that astronomers have discovered intelligent life in a n.docxmehek4
A.) Imagine that astronomers have discovered intelligent life in a nearby star system. Imagine you are part of a group submitting a proposal for who on Earth should speak for the planet and what 50-word message should be conveyed. Be sure to answer all three questions below, if you choose this option.
(A) Who should speak for Earth and why?
(B) What should this person say in 50 words?
(C) Why is this message the most important compared to other things that could be said?
Instructions: should be at least 200 words.
B.) Observing Jupiter’s Moons
Big Idea: Sky objects have properties, locations, and predictable patterns of movements that can be observed and described.
Goal: Students will conduct a series of inquiries about the position and motion of Jupiter’s moons using prescribed Internet simulations.
Computer Setup:
Access http://space.jpl.nasa.gov/ and
a) Select THE MOON in the “Show me _______ “ drop down menu
b) Select THE SUN in the “as seen from _______ “ drop down menu
c) Select the radio button “I want a field of view of ____ degrees” and set the drop down menu to 0.5
d) Select the check box for EXTRA BRIGHTNESS and then Select “Run Simulator”
Phase I: Exploration
1) The resulting image shows what one would see looking through a special telescope. In this picture, where is the observer with the special telescope located?
2) How does the image change if you INCREASE the field of view?
3) What is the exact date of the image?
4) Astronomers typically mark images based on the time it currently is in Greenwich, England, called UTC. What is the precise time of the image?
5) Using a ruler to measure the distance on the screen between the middle of Earth and the middle of the Moon, what is the measured distance? You do NOT need to know the exact number of kilometers, but simply a ruler-measurement you can compare other measurements you make later. Alternately, you can use the edge of a blank piece of paper held in the landscape orientation and mark the positions of Earth and Moon or the Squidgit ruler found on the last page.
6) Use the browser’s BACK button to return to the Solar System Simulator homepage. Now, advance the time by 1 hour and determine the new distance between the Earth and Moon.
7) Use the browser’s BACK button to return to the Solar System Simulator homepage. Now, advance the time by one day from when you started and determine the new distance between the Earth and Moon.
8) Use the browser’s BACK button to return to the Solar System Simulator homepage. Now, advance the time by three days from when you started and determine the new distance between the Earth and Moon.
9) Use the browser’s BACK button to return to the Solar System Simulator homepage. Now, advance the time by five days from when you started and determine the new distance between the Earth and Moon.
10) Use the browser’s BACK button to return to the Solar System Simulator homepage. Now, advance the time by 10 days from when you s.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
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How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
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This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
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This Dissertation explores the particular circumstances of Mirzapur, a region located in the
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The complex relationship between human activities and the environment has been the focus
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The utilization of land is impacted by human needs and environmental factors. In countries
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Therefore, human intervention has significantly influenced land use patterns over many
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9
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Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
THE BIG PICTURE MV-Link Productions (MV-Link) is a produ.docx
1. MV-Link Productions (MV-Link) is a producer and distributor
of motion picture films. It specializes in action
adventure films popular with males, mostly in the teen and
young adult market. While it has only been in
business for 7 years, it has produced several moneymaking hits
as well as many more minor "B" films
that are shown on cable networks and through video rental
stores.
MV-Link has recently completed the production of five new
films. This set of five films contains one film
(“Kombat Rex”) that marketing research indicates will be a top
box office hit. The other four (KR II, KR III,
KR IV, KR V) are "filler" films that will be bundled with the hit
and licensed to theatres for exhibition. To
receive access to the hit, theatres must agree to show all films a
minimum number of times.
In July 2006, MV-Link entered into an exclusive contract with
PACE Theatres, Inc. (PACE), a large
theatre chain with approximately 475 theatres across the United
States. This contract provided in part as
follows:
Agreement: PACE is granted the right, license, and permission
to display the five films listed herein during
the contract period. In consideration of this contract, MV-Link
will receive:
2. 1. $5,000,000, payable $2,500,000 upon contract signature and
$2,500,000 on September 1,
2006.
2. $500 for each film showing in each location.
Contract period: The contract period shall be the six months
commencing on September 1, 2006.
Limitation on screenings: PACE agrees to show Kombat Rex no
more than 42 times per theater and the four
accompanying films (KR II, KR III, KR IV and KR V) no fewer
than 18 times each per theater.
Exclusivity: PACE shall have exclusive screening rights during
the contract period. MV-Link acknowledges
that an integral inducement in consideration of the contract is
PACE’s interest in being the sole source,
without competition from other theaters in the market, during
the contract period.
At the signing of the contract, PACE paid $2,500,000 of the
$5,000,000.
PACE sent checks to MV-Link for $2,500,000 on September
1,2006, and $5,462,500 on January 20,
2007, along with an audited statement detailing the number of
showings as of December 31, 2006. The
3. following is a summary of that information:
Film Number of Showings Amount Due
Kombat Rex 8,550 $4,275,000
KR II-V 2,375 1,187,500
10,925 $5,462,500
In March 2007, MV-Link received a demand notice from PACE
that all monies previously paid were to be
returned or they would file a lawsuit. In their letter, they
enclosed a newspaper clipping from a movie
theatre in Toronto, Canada that was advertising the set of five
films for showing the second week of
February 2007.
Required
Write a report using the report writing guide from the course
website.
In preparing your report remember to review LDC financial
accounting concept 5 (cash flow vs. GAAP
income), financial accounting concept 8 (understanding the
timing of revenue recognition), management
4. accounting concept 5 (understanding how to budget revenue),
and business law concept 1 (offer and
acceptance of contracts; enforcement of contracts: interpreting
the parties’ intent).
Note: To the extent that you may recognize any antitrust issues
(which we would not expect) please
ignore them for purposes of this analysis.
5. THE BIG PICTURE LIBRARY
Statement of Financial Accounting Concepts
Statement 5. Recognition and Measurement in Financial
Statements of Business Enterprises
Financial Accounting Standards Board
GUIDANCE IN APPLYING CRITERIA TO COMPONENTS OF
EARNINGS
CON5, Par. 78
78. This section discusses the need for and provides further
guidance in applying the fundamental
criteria in recognizing components of earnings. Changes in net
6. assets are recognized as components of
earnings if they qualify under the guidance in paragraphs 83-87.
Certain changes in net assets
(discussed in paragraphs 42-44 and 49-51) that meet the four
fundamental recognition criteria just
described may qualify for recognition in comprehensive income
even though they do not qualify for
recognition as components of earnings based on that guidance.
CON5, Par. 79
79. Further guidance in applying the recognition criteria to
components of earnings is necessary
because of the widely acknowledged importance of information
about earnings and its components as a
primary measure of performance for a period. The performance
measured is that of the entity, not
necessarily that of its management, and includes the recognized
effects upon the entity of events and
circumstances both within and beyond the control of the entity
and its management.48 The widely
acknowledged importance of earnings information leads to
guidance intended in part to provide more
stringent requirements for recognizing components of earnings
than for recognizing other changes in
assets or liabilities.
CON5, Par. 80
80. As noted in paragraph 36, earnings measures the extent to
which asset inflows (revenues and
gains) associated with substantially completed cash-to-cash
cycles exceed asset outflows (expenses and
losses) associated, directly or indirectly, with the same cycles.
Guidance for recognizing components of
earnings is concerned with identifying which cycles are
7. substantially complete and with associating
particular revenues, gains, expenses, and losses with those
cycles.
CON5, Par. 81
81. In assessing the prospect that as yet uncompleted
transactions will be concluded successfully, a
degree of skepticism is often warranted. Moreover, as a reaction
to uncertainty, more stringent
requirements historically have been imposed for recognizing
revenues and gains than for recognizing
expenses and losses, and those conservative reactions influence
the guidance for applying the
recognition criteria to components of earnings.
CON5, Par. 82
82. The guidance stated here is intended to summarize key
considerations in a form useful for
guidance for future standard setting—guidance which also is
consistent with the vast bulk of current
practice. The following paragraphs provide guidance separately
for recognition of revenues and gains
and for expenses and losses as components of earnings.
Revenues and Gains
CON5, Par. 83
8. 83. Further guidance for recognition of revenues and gains is
intended to provide an acceptable level
of assurance of the existence and amounts of revenues and gains
before they are recognized. Revenues
and gains of an enterprise during a period are generally
measured by the exchange values of the assets
(goods or services) or liabilities involved, and recognition
involves consideration of two factors (a) being
realized or realizable and (b) being earned, with sometimes one
and sometimes the other being the more
important consideration.
a. Realized or realizable. Revenues and gains generally are
not recognized until realized or
realizable. Revenues and gains are realized when products
(goods or services), merchandise, or other
assets are exchanged for cash or claims to cash. Revenues and
gains are realizable when related
assets received or held are readily convertible to known
amounts of cash or claims to cash. Readily
convertible assets have (i) interchangeable (fungible) units and
(ii) quoted prices available in an active
market that can rapidly absorb the quantity held by the entity
without significantly affecting the price.
b. Earned. Revenues are not recognized until earned. An
entity's revenue-earning activities involve
delivering or producing goods, rendering services, or other
activities that constitute its ongoing major or
central operations and revenues are considered to have been
earned when the entity has substantially
accomplished what it must do to be entitled to the benefits
represented by the revenues. Gains
commonly result from transactions and other events that involve
no "earning process," and for
recognizing gains, being earned is generally less significant
9. than being realized or realizable.
Business Law concepts
Interpretation of contracts
General rules of construction
Courts look to contracts to determine the parties’ obligations.
Most of this is based on the language of the
agreement, however sometimes there are issues not mentioned
or ambiguously addressed in a contract.
What to do if there is a dispute about a topic not addressed (or
ambiguously addressed) in the contract?
Courts follow general rules in construing contracts called “rules
of construction.” Some of these rules are
articulated in cases, some are intuitive but few are codified in
statute. It makes it difficult, sometimes, for
business people to make business decisions. The more you
understand how courts tend to approach
contractual disputes, the more effective you will be at managing
resources. Here are a few rules of
construction that may apply to Adventure Films. Think about
how they affect your analysis of the case.
Use them (cite to specific sources) in your analysis of the case.
Courts seek to preserve, not invalidate agreements
10. Courts in general try to preserve contracts, even if there is a
flaw in the agreement. There are important
reasons for this: courts want parties to a contract to rely on the
contract. Business would be harmed if
everyone who entered a contract thought that with a sharp
enough lawyer they could find some defect
that would get the contract invalidated. Commerce relies on the
premise that parties will do what they
have agreed to do, and that if not, there will be some remedy at
law. If you need an illustration of this
point, think of any country in which political power, wealth or
corruption mean that getting legal rights
enforced depends on your political clout rather than on the law.
Look at how much foreign investment
gets made in such countries. Look at the overall wealth of the
citizens of such countries. It is not hard to
conclude that the American legal system, despite its flaws,
helps the economy by ensuring that the
judicial system enforces legal rights.
This brings up an important point with students studying
business law: there is a tendency to seize on any
contractual defect and conclude that entire agreements are not
binding. This is a serious error. For one
thing, it’s sloppy; sometimes students are concluding that
contracts are not binding in order to avoid
completing their analysis ( e.g. “They didn’t mention xxx!
That’s wrong! There’s no contract!”). Some of it
is naïve: there are few contracts that do not have some
ambiguities; invalidating all of them would mean
that there were virtually no legally binding agreements. Some of
it is well-intentioned but overzealous:
when you first learn about business law even good students
often want to apply it literally. Avoid this
tendency and recognize that only in cases where courts conclude
11. that the parties never, truly, agreed will
they invalidate a contract based on missing or ambiguous
contractual terms. Courts are not “contract
police” rather “contract enforcers.”
Here are some references that should aid your analysis:
In DeSantis v. Wackenhut Corp., 793 S.W.2d at p. 677, the
court observed that "the most basic policy of
contract law . . . is the protection of the justified expectations
of the parties. The parties' understanding of
their respective contractual rights and obligations depends in
part upon the certainty with which they may
predict how the law will interpret and enforce their agreement.”
“The law does not favor but leans against destruction of
contracts because of uncertainty; it will, if feasible, so
construe agreements as to carry into effect (the) reasonable
intention of parties if that can be ascertained.” Bohman v
Berg (1960) 54 Cal 2d 787.
Courts construe a contract’s meaning to be consistent with the
parties’ intention
The central rule of contractual analysis is to interpret based
upon the parties’ intent on entering the
agreement. It is central to legal analysis to recognize that courts
12. do not enforce agreements based upon
what the judge thinks is fairest, “right” or best. The judge was
not a party to the agreement and his or her
opinion is irrelevant on this issue. Instead, interpret contracts to
most consistently enforce the parties’
reasonable expectations. The judge’s job (and your job in this
assignment) is to figure out what the
parties intended and to interpret the contract consistent with
that intent.
Here is some authority for this proposition:
The contractual meaning “is determined by objective
manifestations of the parties' intent, including the
words used in the agreement, as well as extrinsic evidence of
such objective matters as the surrounding
circumstances under which the parties negotiated or entered into
the contract, the object, nature and
subject matter of the contract, and the subsequent conduct of the
parties." Morey v. Vannucci (1998) 64
Cal.App.4th 904, 912.)
“The fundamental goal of contractual interpretation is to give
effect to the mutual intention of the parties.
The mutual intention to which the courts give effect is
determined by objective manifestations of the
parties' intent, including the words used in the agreement, as
well as extrinsic evidence of such objective
matters as the surrounding circumstances under which the
parties negotiated or entered into the contract;
the object, nature and subject matter of the contract; and the
subsequent acts and conduct of the parties.”
1 Witkin Summary of Cal. Law, Contracts (9th ed. 1987) § 684,
pp. 617-618.
13. “A contract must be so interpreted as to give effect to the
mutual intention of the parties as it existed at
the time of contracting, so far as the same is ascertainable and
lawful.” Cal. Civ. Code § 1636.
Missing or ambiguous terms
Contracts are interpreted as they were apparently intended by
the parties at the time the contract was
created. If the parties’ intent can be determined, courts will
supply missing terms or clarify ambiguities.
They will not, however, insert terms to create an agreement
where none, really, exists.
Here are some relevant references:
“A contract extends only to those things concerning which it
appears the parties intended to contract. Our
function is to determine what, in terms and substance, is
contained in the contract, not to insert what has
been omitted. We do not have the power to create for the parties
a contract which they did not make and
cannot insert language which one party now wishes were there.”
Levi Strauss & Co. v. Aetna Casualty &
Surety Co. (1986) 184 Cal. App. 3d 1479, 1485-1486.
“However broad may be the terms of a contract, it extends only
to those things concerning which it
appears that the parties intended to contract.” Cal. Civ. Code §
1648.
“If parties had concluded (a) transaction in which it appears
they intend to make contract, (the) court
should not frustrate their intention, if it is possible to reach fair
14. and just result, though this requires choice
among conflicting meanings and filling of some gaps left by
parties.” Rivers v Beadle (1960) 183 Cal App
2d 691.
Plain meaning
This is not a trick. It is just common sense. Interpret
contractual language consistent with commonly-
understood definitions and interpretations of its language.
Here is a source for this statement:
"The paramount consideration is the intention of the contracting
parties'. . . as it existed at the time of
contracting, so far as the same is ascertainable and lawful.' This
intention must be ascertained from the
words used, after taking into consideration the entire contract
and the circumstances under which it was
made. The words used in a contract must be given their ordinary
meaning, unless there is evidence that
the parties intended to use them in a unique sense or to give the
words some different meaning." Moss
Development, 41 Cal.App.3d at p. 9.
THE BIG PICTURE
GROUP 6
MARCH 4, 2017
15. THE BIG PICTURE – QUESTIONS
The CEO of MV-Link Productions has hired your consulting
firm to produce a report on this possible breach of contract
case, including recommendations. Use the report writing guide
from the course website. In your analysis of this case include
answers to the following questions:
Q. 1. Did MV-Link breach the contract? Specifically discuss
whether the showing by a competitor movie chain in Toronto
constituted a violation of the MV-Link/PACE agreement.
Q. 2. Assuming the contract is valid, prepare the following
financial analyses:
1. Prepare a budget of expected minimum revenues under the
contract. Show the sources of revenues from the set of five
films and the fee.
1. What are the general revenue recognition criteria established
under Generally Accepted Accounting Principles (GAAP)
c. How would you apply the GAAP criteria for revenue
recognition to account for the revenues under this contract?
Explain your logic for both realizable and earned.
d. Using the logic you developed in part c, calculate the
revenue that MV-Link Productions should report for the set of
five films for the year ended 12/31/2006.
e. For the year ended 12/31/2006, prepare a schedule that
shows the cash flows received from PACE from the contract.
f. Why do cash flows and revenues recognized differ, if they
differ under your calculations?
16. Note: To the extent that you may recognize any antitrust issues
(which we would not expect) please ignore them for purposes of
this analysis.
In preparing your report remember to review LDC financial
accounting concept 5 (cash flow vs. GAAP income), financial
accounting concept 8 (understanding the timing of revenue
recognition), management accounting concept 5 (understanding
how to budget revenue), and business law concept 1 (offer and
acceptance of contracts; enforcement of contracts: interpreting
the parties’ intent)
DATE: March 2007
TO: MV-Link Productions
FROM: The Business Associates Consulting Firm
RE: Analysis of liability for breach of contract
As you requested, we have prepared an analysis of MV-Links
liability for breach of contract as alleged by PACE theaters, a
large theatre chain with approximately 475 theatres across the
United States. In the analysis we examine the financial and
legal aspects of the information provided. Please contact us if
you need any more information.
17. EXECUTIVE SUMMARY-Karine
Case brief: MV-Link completed the production of five movies.
This set of movies contains “Kombat Rex” film which
marketing researcher indicates that will be a hit. The other four
movies KR II, KR III, KR IV, and KR V will just be a
continuation of the original story. In order to get the hit,
theaters should agree to show all movies a minimum number of
times. MV-link Production gets chance to sign an exclusive
contract with PACE. PACE theater has about 475 theaters
within the United States. However, the contract has made
without mention the exact requirement of limitations and
screenings. Also, MV-Link Production accepts that PACE
interest to be as a sole source among theaters during the
contract period. PACE is demanding to reimburse the paid funds
due to MV-Link Production did not comply with all the
agreements showing in the contract.
Purpose:Determine and understand contract’s key points using
financial, managerial accounting, and business law analysis.
Legal Analysis:In order to prove MV-Link production actions
are legal there are two concepts to determine: MV-Link is in
compliance with standard regulations and complies with
contract agreement.
Financial Analysis: GAAP criteria for revenue recognition, cash
flow, and revenue recognition differences, calculation of
18. revenue for the year end 12/31/2006 and cash flow received
from PACE from the contract. Preparation of the budget of
expected revenue under the contract. The emphasis of the
sources of revenue from five movies and the fee.
Results: After completing all necessary analysis of the case the
result is PACE does not have any rights to demand money back
from MV-Link Production. PACE cannot open lawsuit against
MV-Link production due to their actions are within compliance
with the contract agreement .
Recommendation: Analyzing the case based on provided facts
our recommendation would be to not reimburse funds to PACE
due to advertising took place in Canada and Canada has
different market.
Introduction-Nehal
Legal Analysis-Tarfa
The MV-Link production did not violate the contract agreement
by issuing the rights to show to a competitor movie chain in
Toronto. The agreement clearly stated that the permission to
show the proposed films was released to PACE Theatres for the
indicated number of months that started on September 1, 2006.
The content, under ‘Exclusivity’ section, states that MV-Link
acknowledges a showed interest in giving PACE theatres the
rights of being the sole source, without any interference from
19. theaters with similar interests, in the period of the duration of
the contract. The length of the contract was supposed to end
March 1, 2007. Therefore, by airing the proposed films in of
February 2007, the rival theater in Toronto, Canada could not
have sabotaged the market for PACE shows.
According to business law concept, the contract had
undergone the offer and acceptance, up to the signage stage and
was, therefore, enforceable by law. PACE Theatres had played
its part of paying for the movies as indicated by the contract ($
2,500,000 during the officiating of the agreement and
$2,500,000 in September.) PACE was also expected to pay a fee
of $500 per film showing at each location amounting to
$5,462,000. This amount according to PACE was paid on
January 20, 2007. This constituted to the components of earning
according to financial accounting concept 5 paragraph 80,
which refers to paragraph 36, revenue quantifies the length of
asset inflows linked with vaguely finished cash-to-cash rotation
overreaches asset outflows related, directly or indirectly, to the
similar sequences, The conclusion is that PACE Theatres had
completed their payments and their section of the contract.
In the introduction, statement of paragraph if the revenues
and gains are not yet recognized the issuing party has to provide
some sort of assurance in which the Toronto theatre had not
been issued with. It was merely an invitation to treat as
discussed by business law concept 1. This did not guarantee the
gaining of revenue due to showing the five films.
Since the courts draw intent from the parties involved, and the
wordings used in the agreement while attaching or using the
agreement as evidence (as it is stated in business law concept 1
under ‘courts construe a contract’s meaning to be consistent
with the parties’ intention), the MV Links’ intentions are
believed to be pure since they followed the agreement to the
latter and had no bad intentions in issuing the contract to
Toronto theatres.
The plain meaning with no hidden intent would be used to
define the case and a conclusion drawn from the given
20. agreement. It left no space for loopholes thus the definitions
were clear. The only ambiguous part would have been the end
time of the contract since a date was not issued. A proper
calculation of months between MV Link and PACE Theatre
would have been appropriate.
In conclusion, MV-Link had not violated any of the terms of the
agreement and was, therefore, was not liable to a lawsuit.