Allocation of Fee Clause Samples
The Allocation of Fee clause defines how fees or payments are distributed among the parties involved in an agreement. It typically outlines the specific amounts or percentages each party is entitled to, the timing of payments, and any conditions that must be met for the allocation to occur. This clause ensures transparency and prevents disputes by clearly specifying financial responsibilities and entitlements, thereby facilitating smooth financial transactions between the parties.
Allocation of Fee. Unless the parties agree otherwise, the Rights Acquisition Fee will be allocated as follows:
(a) to the Existing Playboy Library and Wallpaper (each as defined in the Program Supply Agreement);
(b) to the trademark license for Year 1 through Year 10 pursuant to the Trademark License Agreement;
(c) to the interests in the U.K. Venture (as set forth in Section 7.2, below);
(d) to the interests in the Japan Venture (as set forth in Section 7.2, below);
(e) to the interests in SEI 2 (as set forth in Section 7.2 below); and
(f) to the interests in SEI 3 (as set forth in Section 7.2 below). The foregoing allocation will be applied to each installment of the Rights Acquisition Fee on a pro rata basis.
Allocation of Fee. Each member of the Triarc Beverage Group agrees that, as between the members of the Triarc Beverage Group (and having no effect on the joint and several obligations of the members of the Triarc Beverage Group to Triarc under paragraph 3 hereof), the Fee shall be allocated among each of the members of the Triarc Beverage Group in accordance with the following formula. With respect to the Fee due for any fiscal year, each member of the Triarc Beverage Group shall pay an amount equal to the Fee for such fiscal year multiplied by a fraction, the numerator of which is the greater of (x) such company's EBITDA, as set forth in such company's "Annual Operating Plan," for the fiscal year for which the Fee is being computed (the "Reference Period") and (y) 10% of such company's revenues for the Reference Period, as set forth in such company's Annual Operating Plan, and the denominator of which is the sum of the numerators for all of the members of the Triarc Beverage Group that are parties hereto.
Allocation of Fee. Purchase of U.K. Venture, Japan Venture and Danish Companies. On the date hereof, PEGI and the Company have entered into the Stock Purchase Agreements pursuant to which PEGI will transfer, convey and assign to the Company all of its right, title and interest of any kind in and to the U.K. Venture, the Japan Venture and the Danish Companies (collectively, the "Acquired Interests"). The Company will assume PEI's (and its Affiliates') obligations under the Share Purchase Agreement (relating to the U.K. Venture) and the Memorandum of Agreement (relating to the Japan Venture) on the terms set forth in the respective Stock Purchase Agreements. Schedule 7.2 describes, as of the date hereof, the interests of PEGI in the U.K. Venture, the Japan Venture and the Danish Companies, including the type of entity (corporation, -------- *** Confidential information omitted pursuant to a request for confidential treatment filed separately with the Securities and Exchange Commission. partnership, limited liability company, etc.) and the names and percentage interests of all of the owners of each entity. The Funding Side Letter sets forth the amount of the funds advanced by PEGI to the U.K. Venture from and after July 1, 1999, the amount of the funds loaned to the U.K. Venture prior to March 31, 1999, and the manner in which such amounts will be paid.
Allocation of Fee. The Agent shall forward to each Bank its Pro Rata Share of the fee referred to in section 3(b).
Allocation of Fee. Arby's agrees that, as between it and the other members of the Triarc Restaurant Group that become a party to this Agreement in accordance with paragraph 13 hereof (and having no effect on the obligations of Arby's to Triarc under paragraph 3 hereof), the Fee shall be allocated among each of the members of the Triarc Restaurant Group as they shall mutually agree. As used herein the term "Triarc Restaurant Group" shall mean, collectively, Arby's, and any other subsidiary of Triarc Consumer Products Group, LLC (or any successor thereto) that is primarily engaged in the restaurant or restaurant franchising business or any business related, ancillary or complementary thereto that determines to become a party to this Agreement.
