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INTERMEDIX HOLDINGS INC. AND SUBSIDIARIES <br />Notes to Consolidated Financial Statements <br />December 31, 2010 <br />Due to the change of ownership provisions of the Tax Reform Act of 1986, utilization of a portion of the <br />Company's domestic net operating loss and tax credit carryforwards may be limited in future periods. The <br />Company does not expect the carryforwards to expire before being applied to reduce future income tax <br />liabilities. <br />The Predecessor's income tax returns for the 2006, 2007 and 2008 tax years are currently at the appeals <br />level as a result of an examination of these years by the IRS. The Company does not expect that the results <br />of this examination will have a material effect on its financial condition or results of operations. With few <br />exceptions, as of December 31, 2010, the Company is no longer subject to U.S. federal, state, local or <br />foreign examinations by tax authorities for years before 2006. <br />At December 31, 2010 there was $0.3 million of gross unrecognized tax benefits which were acquired <br />from the Predecessor. The Company recognizes interest accrued related to unrecognized tax benefits and <br />penalties as interest expense in its consolidated statements of operations. The amount of interest and <br />penalties for the period ending December 31, 2010 is immaterial. The Company believes that it is <br />reasonably possible that the $0.3 million of unrecognized tax benefits may be recognized by the end of <br />2011. <br />(12) Fair Value of Assets and Liabilities <br />Fair value is defined as the price that would be received to sell an asset or paid to transfer a liability (i.e. <br />the exit price) in an orderly transaction between market participants at the measurement date. In <br />determining fair value, the Company uses various valuation approaches, including quoted market prices <br />and discounted cash flows. A hierarchy for inputs used in measuring fair value that maximizes the use of <br />observable inputs and minimizes the use of unobservable inputs by requiring that the most observable input <br />be used when available. Observable inputs are inputs that market participants would use in pricing the asset <br />or liability developed based on market data obtained from independent sources. Unobservable inputs are <br />inputs that reflect a company's judgment concerning the assumptions that market participants would use in <br />pricing the asset or liability developed based on the best information available under the circumstances. <br />The fair value hierarchy is broken down into three levels based on the reliability of inputs as follows: <br />Level 1 — Valuations based on quoted prices in active markets for identical instruments that the <br />Company is able to access. Since valuations are based on quoted prices that are readily and regularly <br />available in an active market, valuation of these products does not entail a significant degree of <br />judgment. <br />Level 2 — Valuations based on quoted prices in active markets for instruments that are similar, or <br />quoted prices in markets that are not active for identical or similar instruments, and model- derived <br />valuations in which all significant inputs and significant value drivers are observable in active <br />markets. <br />Level 3 — Valuations based on inputs that are unobservable and significant to the overall fair value <br />measurement. <br />26 (Continued) <br />