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TIME SHARING AGREEMENT

Tax Allocation or Sharing Agreement

TIME SHARING AGREEMENT | Document Parties: ALBERTO CULVER CO You are currently viewing:
This Tax Allocation or Sharing Agreement involves

ALBERTO CULVER CO

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Title: TIME SHARING AGREEMENT
Date: 6/21/2005
Industry: Personal and Household Prods.     Sector: Consumer/Non-Cyclical

TIME SHARING AGREEMENT, Parties: alberto culver co
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EXHIBIT 10

 

TIME SHARING AGREEMENT

 

Dated as of the 20 th day of June 2005.

between

 

Alberto-Culver USA, Inc.,

as Lessor,

 

and

 

the Individual named on Schedule A, as Time Sharing Lessee,

 

as Lessee,

 

concerning one Gulfstream Aerospace G-IV-SP aircraft bearing

U.S. registration number N18AC and manufacturer’s serial number 1344,

and one undivided interest in a Gulfstream Aerospace G-IV-SP bearing U.S.

Registration Number N495QS and manufacturer’s serial number 1295.

 

*    *    *

 

INSTRUCTIONS FOR COMPLIANCE WITH

“TRUTH IN LEASING” REQUIREMENTS UNDER FAR § 91.23

 

Within 24 hours of execution of this Time Sharing Agreement:

Mail a copy of the executed document to the

following address via certified mail, return receipt requested:

 

Federal Aviation Administration

Aircraft Registration Branch

ATTN: Technical Section

P.O. Box 25724

Oklahoma City, Oklahoma 73125

 

At least 48 hours prior to the first flight to be conducted under this Agreement:

deliver a completed Schedule B containing the departure airport and proposed

time of departure of said first flight by facsimile to the FAA Flight Standards

District Office located nearest the departure airport.

 

Carry a copy of this Time Sharing Agreement in the aircraft at all times.

 

*    *    *


This Time Sharing Agreement (this “Agreement”) is made, effective as of the 20 th day of June 2005 (the “Effective Date”), by and between ALBERTO-CULVER USA, INC. , a Delaware corporation (“Lessor”), and the Person listed on Schedule A (“Lessee”).

 

R E C I T A L S :

 

WHEREAS , Lessor is the operator under a lease with an affiliate of that certain Gulfstream Aerospace G-IV-SP civil aircraft bearing manufacturer’s serial number 1344 and the United States Registration Number N18AC, and owns and operates an undivided twelve and one-half percent (12.5%) interest in that certain Gulfstream Aerospace G-IV-SP bearing manufacturer’s serial number 1295 and the United States Registration Number N495QS_(collectively, the “Aircraft”);

 

WHEREAS , Lessor employs/contracts for the services of a fully qualified flight crew, consisting of a pilot in command and second in command, to operate the Aircraft;

 

WHEREAS , Lessor operates the Aircraft within the scope of and incidental to its own business; and

 

WHEREAS , Lessor and Lessee desire to lease said Aircraft and flight crew, from time to time, on a time sharing basis as authorized in Section 91.501(b)(6) of the Federal Aviation Regulations (“FAR”) and defined in Section 91.501 (c) (1) of the FAR.

 

NOW, THEREFORE , in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties agree as follows:

 

1. Term . The Term of this Agreement shall commence on the Effective Date and shall continue for a period of twelve (12) months (the “Initial Term”).

 

2. Renewal . This Agreement shall be automatically renewed for successive twelve (12) month terms unless terminated in writing by either of the parties as provided in Section 3.

 

3. Termination . This Agreement may be terminated, with or without cause, by either party upon thirty (30) days written notice to the other party.

 

4. Aircraft Lease . From time to time during the Term, Lessee may request that Lessor lease the Aircraft with crew to Lessee on a timesharing basis. Lessor agrees to make its best efforts to accommodate such requests, but it shall have no obligation to lease the Aircraft to Lessee if the Aircraft is needed for the business of Lessor or is otherwise unavailable.

 

5. Lease Term . The term of each lease period under this Agreement shall begin upon the commencement of the flight or series of flights requested by Lessee and shall end upon the conclusion of such flight or series of flights.

 

6. Applicable Regulations . The parties agree that for all flights under this Agreement, the Aircraft shall be operated under the pertinent provisions of Subpart F of Part 91 of the FAR. If any provision of this Agreement is determined to be inconsistent with any of the requirements of those regulations, it shall be deemed amended in any respect necessary to bring it into compliance with such requirements.

 

7.1 Flight Expenses . Lessee shall reimburse Lessor for each flight, or series of flights, conducted under this Agreement. Such reimbursement shall be the lesser of:

 

7.1.1 the amount calculated for such flight, or series of flights, in accordance with 26 CFR §§ 1.61-21 (the “SIFL Rules”), or


7.1.2 all of the actual expenses of each specific flight, or series of flights, as are authorized by Section 91.501 (d) of the FAR. These expenses include and are limited to:

 

 

(a)

Fuel, oil, lubricants, and other additives;

 

 

(b)

Travel expenses of the crew, including food, lodging and ground transportation;

 

 

(c)

Hangar and tie down costs away from the Aircraft’s base of operation;

 

 

(d)

Insurance obtained for the specific flight;

 

 

(e)

Landing fees, airport taxes and similar assessment;

 

 

(f)

Customs, foreign permit, and similar fees directly related to the flight;

 

 

(g)

In-flight food and beverages;

 

 

(h)

Passenger ground transportation;

 

 

(i)

Flight planning and weather contract services; and

 

 

(j)

An additional charge equal to 100% of the expenses listed in subparagraph (a) of this paragraph.

 

7.2 Use by More than One Lessee . In the event that more than one Lessee shall use the Aircraft for the same flight, or series of flights, the expenses calculated in paragraph 7.1 shall be pro-rated between or among all such Lessees, unless some other arrangement is agreed to by such Lessees and communicated to the Lessor.

 

8. Federal Excise Tax . In addition to Lessor’s expenses listed in paragraph 7.1 herein, for each flight under this Agreement, Lessee shall pay to Lessor the amount of the federal excise tax imposed by IRC Section 4261.

 

9. Invoices . Lessor will pay all expenses related to the operation of the Aircraft when incurred, and will provide an invoice to Lessee in accordance with paragraphs 7 and 8 herein by the 5 th business day of each month for all flights for Lessee that occurred during the preceding calendar month. Lessee shall pay Lessor for said expenses and excise taxes within twenty days of receipt of such invoice.

 

10. Flight Information . Lessee will provide Lessor with requests for flight time and proposed flight schedules as far in advance of any given flight as reasonably possible. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the parties and un


 
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