Advertising Funds. The Manager will maintain an account designated as the “IHOP Advertising Fund Account” in the name of the Manager (or a Subsidiary thereof) for fees payable by IHOP Franchisees and Non-Securitization Entities to fund the national marketing and advertising activities and local advertising cooperatives with respect to the IHOP Brand (“IHOP Advertising Fees”). In addition, the Manager will maintain an account designated as the “Applebee’s Advertising Fund Account” (and together with the IHOP Advertising Fund Account referenced above, the “Advertising Fund Accounts”) in the name of the Manager (or a Subsidiary thereof) for fees payable by Applebee’s Franchisees and Non-Securitization Entities to fund the national marketing and advertising activities with respect to the Applebee’s Brand (“Applebee’s Advertising Fees” and together with the IHOP Advertising Fees, the “Advertising Fees”). Any IHOP Advertising Fees will be transferred by the Manager from the IHOP Concentration Account to the IHOP Advertising Fund Account, and any Applebee’s Advertising Fees will be transferred by the Manager from the Applebee’s Concentration Account to the Applebee’s Advertising Fund Account. The Manager shall not make or permit or cause any other Person to make or permit any borrowings to be made or Liens to be levied against the Advertising Fund Accounts or the funds therein. The Manager shall apply the amount on deposit in each Advertising Fund Account solely to cover (a) the costs and expenses (including costs and expenses incurred prior to the Closing Date) associated with the administration of such account, (b) in the case of the IHOP Advertising Fund Account, general and administrative expenses incurred by the Manager in respect of marketing and advertising activities for the IHOP Brand to the extent reimbursable from the IHOP Advertising Fees in accordance with the IHOP Franchise Agreements, (c) costs and expenses related to the national marketing and advertising programs with respect to the applicable Brand and (d) in the case of the IHOP Advertising Fund Account, disbursements with respect to local advertising cooperatives with respect to the IHOP Brand. The Manager may make advances to fund deficits in the Advertising Fund Accounts from time to time to the extent that it reasonably expects to be reimbursed for such advances from the proceeds of future Advertising Fees, it being agreed that any such advances shall not constitute Manager Advances. The Manager, acting on be...
Advertising Funds. WHY USA shall have the right to establish and operate a national and/or one or more regional advertising funds and to require Franchisee to contribute to such funds. The purpose of any national and/or regional fund shall be to promote the System and the WHY USA offices. Any such fund(s) shall operate in accordance with rules and procedures specified by WHY USA in its Manual or otherwise in writing, provided, however, that (i) aggregate monthly contributions shall not be less than $50 or more than 10% of Franchisee's transaction fees for the month; and (ii) any WHY USA office owned or operated by WHY USA shall contribute to the fund(s) on the same basis as franchisees.
Advertising Funds. 14 (i) Advertising Fees payable by each Franchisee and Non-Securitization Entity that operates a Company-Owned Restaurant (collectively, the “Restaurant Operators”) shall be designated to be paid directly (or, if not received directly in the Ad Fund, transferred by the Manager from the Concentration Account) to the Ad Fund. The Manager, acting on behalf of the Securitization Entities, may in accordance with the Managing Standard and the terms of the Franchise Agreements and this Agreement, as applicable, increase or reduce the Advertising Fees required to be paid by Franchisees pursuant to the terms of the Franchise Agreements and this Agreement and in accordance with the Managing Standard. (ii) The Manager hereby agrees to cause each Non-Securitization Entity that operates one or more Company-Owned Restaurants to pay Advertising Fees in an amount to be determined by the Manager which is comparable to the Advertising Fees payable by Franchisees to fund existing or future national marketing and advertising activities or materials for the Wingstop Brand; provided that the Manager may, in accordance with the Managing Standard, increase or reduce the Advertising Fees required to be paid by such Non-Securitization Entity from time to time. Section 2.3
Advertising Funds i. SCHEDULE 6.r.i contains a correct and complete list of all assets and all liabilities and accounts payable of the Advertising Funds as of April 4, 2003. Monies contributed to the Advertising Funds are deposited in one or more bank accounts maintained by the Companies for general operating purposes and are not deposited in segregated accounts maintained solely for the Advertising Funds. All contributions to the Advertising Funds are, and shall be at Closing, reflected in the Financial Statements of the applicable Company as a liability of such Company to the applicable Advertising Fund (an "Advertising Fund Liability"). No monies, other than Franchisees' contributions to the Advertising Funds and contributions by the Companies are treated as Advertising Fund Liabilities.
Advertising Funds. All Advertising Fees collected from the Franchisees and Area Licensees (the “Advertising Funds”) after the Cut-Off Date shall be deposited directly into a segregated account (the “Advertising Funds Account”) maintained by the Issuer and serviced by the Servicer, which shall not be subject to the Lien of the Indenture Trustee pursuant to the Transaction Documents; provided, however, that, Advertising Fees incorrectly deposited into the Lock-Box Account or a Collection Account shall be released therefrom pursuant to paragraph (j) above. Servicer shall cause all Advertising Funds on deposit as of the Cut-Off Date in any of its bank accounts to be remitted to the Advertising Funds Account (including by transferring the title to such account to the Issuer and/or causing such account to become the Advertising Funds Account) on the Closing Date. The Servicer shall not make or permit or cause any other person to make or permit any borrowings to be made or liens to be levied against the Advertising Funds. The Advertising Funds shall be used solely for activities permitted in accordance with the Franchise Agreements and Area License Agreements. All interest and earnings (net of losses and investment expenses) paid on funds on deposit in the Advertising Funds Account shall be for the sole benefit of the Issuer and the Co-Issuer. All amounts from time to time on deposit in the Advertising Funds Account shall be invested in Eligible Investments.
Advertising Funds. The Manager will maintain one or more accounts designated as an “Advertising Fund Account” in the name of NAF (or a Subsidiary thereof) for
Advertising Funds. The balance of any franchisee advertising fund agreed upon by the Purchaser following an accounting under Section 5.1(i) on the Closing Date shall be transferred to the Purchaser within thirty-one (31) days of the Closing Date.
Advertising Funds. The Manager shall maintain twelvemaintains seven accounts in the name of the applicable Canadian Securitization Entity, each designated as thea “Canadian Advertising Fund AccountsAccount” for advertising payments due to the applicable Service Recipients in respect of the CARSTAR Brand, the Maaco Brand, the Meineke Brand, the Pro Oil Brand, Take 5 Brand, the Go Glass Brand and the Star Auto Glass Brand, each in Canada, and may in the future create new Advertising Fund Accounts from time to time. Advertising Fees in Canada will be paid directly, or transferred by the Manager from the Canadian Concentration Account to the applicable Canadian Advertising Fund Account; provided that Advertising Fees related to national and/or local cooperative advertising funds (the “Advertising Co-op Funds”) administered by an unaffiliated third party designee of DBI (which shall include, without limitation, local advertising cooperatives and cooperatives established by international franchise associations) will be paid directly to the applicable Advertising Co-op Fund and will not be required to be deposited into the applicable Canadian Advertising Fund Accounts. The Manager will not make or permit or cause any other Person to make or permit any borrowings to be made or liens to be levied against the applicable Canadian Advertising Fund Accounts or the funds therein, except in connection with reimbursements for advances made by the Manager to fund deficits therein. The Manager will apply the amountamounts on deposit in the applicable Canadian Advertising Fund Accounts, and in respect of the Advertising Co-op Funds shall use commercially reasonable efforts to ensure that the amounts on deposit are applied, solely to cover the costs and expenses (including, in each case, costs and expenses incurred prior to the Series 2020-1 Closing Date) associated with the administration of such account and costs and expenses related to the marketing and advertising programs of the Canadian SPV Franchising Entitiesapplicable Driven Securitization Brands in Canada, including reimbursement for advances. The Manager may make advances to the applicable Canadian Securitization Entity to fund deficits in the applicable Canadian Advertising Fund Accounts or the Advertising Co-op Funds from time to time to the extent that it reasonably expects to be reimbursed for such advances from the proceeds of future Advertising Fees, it being agreed that any such advances will not constitute Manager Advances. S...
Advertising Funds. (a) The Disclosure Schedule sets forth each material written complaint or claim received by the Company or the Subsidiary by a current or past (subsequent to September 1, 2001) Franchisee or Licensee regarding the Company's or Subsidiary's use or administration of the CI Ad Fund and the SBC International Ad Fund (as such terms are defined below).
Advertising Funds. The Manager shall maintain nine accounts designated as the “Advertising Fund Accounts” for advertising payments in respect of the Meineke Brand, Maaco Brand, Econo Lube Brand, Merlin Brand, 1-800-Radiator Brand, Carstar Brand, Take 0 Xxxxx, Xxxxx X Style Brand and ABRA Brand, and may in the future create new Advertising Fund Accounts from time to time….”
