Allocation of Gross Receipts. If any agreement for distribution in the Supplemental Market includes more than one program, or includes both Supplemental Market rights and other rights, the producer shall make a reasonable allocation for the purpose of determining payments due hereunder.
Allocation of Gross Receipts. As to proceeds derived from Distributor's exploitation of all rights outlined in Paragraph 2, division of the Gross receipts will be made, as follows;
a) >From the Distributors exploitation of Theatrical, Television, Home Video and any other Granted Rights, Distributor shall deduct and retain twenty five percent (25%) of Gross receipts. From the remaining revenues Distributor shall recoup all recoupable expenses related to the prints, marketing, advertising and sale of the Picture. The net proceeds shall be paid to Producer.
Allocation of Gross Receipts. Subject to any rights and remedies of Distributor as set forth in this Agreement, Distributor shall, on an ongoing and continuing basis, deduct and allocate the following items from Gross Receipts from each Funded Qualifying Project, on a continuing basis in the following order of priority (the “Waterfall”):
6.3.1 First, to the payment of any required Third Party Payments, including, without limitation, any Co-Financing Participations that are included in such Third Party Payments; provided however, that all unreimbursed Third Party Payments and Co-Financing Participations paid or earned prior to or during such Accounting Period shall be retained by Distributor; provided further, however, that if a Co-Financing Transaction requires that such Co-Financing Participation be paid at a higher or lower level of the Waterfall, then such Co-Financing Participation shall, with respect to the Gross Receipts received in connection with such applicable Funded Qualifying Project, be deducted and paid to such co-financing participant at such applicable level of the Waterfall; provided further, however, that if the contractual arrangements relating to a Third Party Payment require that such Third Party Payment be paid at a higher or lower level of the Waterfall, then such Third Party Payment shall, with respect to the Gross Receipts received in connection with such applicable Funded Qualifying Project, be deducted and paid to such the applicable third party participant at such applicable level of the Waterfall.
6.3.2 Second, to Distributor on account of the Distribution Fee for such Accounting Period;
6.3.3 Third, To Distributor on account of all unreimbursed Distribution Expenses paid or incurred during or prior to such Accounting Period shall be retained by Distributor (for purposes of the foregoing, “incurred” shall mean Distribution Expenses that Distributor is obligated to pay to third parties prior to or during the applicable Accounting Period), which amounts shall include all unreimbursed Third Party Payments paid or earned prior to or during such Accounting Period (for purposes of the foregoing, “earned” shall mean with respect to third parties the amount that Distributor is contractually obligated to pay to such third parties as a result of the calculation of revenues and expenses recognized, or events occurring, during the Accounting Period in question, and, with respect to Residuals, amounts that Distributor is contractually obligated to pay pursuant to collec...
Allocation of Gross Receipts. Provided that AVF performs all of its obligations hereunder and is not in material breach of this Agreement, in full consideration of the Rights and the representations, warranties and covenants made by AVF hereunder, CPT shall pay to AVF for the Program, an amount (“AVF’s Share”) equal to one hundred percent (100%) of the Net Proceeds (as defined below) derived from the distribution and exploitation of the Program by CPT. As used herein, the term “Net Proceeds” shall mean all Gross Receipts less the following deductions in the following order of priority, all of which shall be retained by CPT: CPT’s Distribution Fee as set forth in Section 9 on account of the exploitation of the Programs by CPT; all Third Party Payments to the extent paid for by CPT; all taxes (other than corporate income taxes) incurred in connection with the release, delivery, marketing, distribution and exploitation of the Program and the Rights, whether sales, gross receipts, value added, withholding, remittance, excise, property, use, transfer or similar taxes, levies, customs duties, import charges, penalties, fines or interest, however denominated, imposed and whether by a governmental authority or taxing authority (whether federal, local, territorial or state of the United States or any country in the Territory); and all Distribution Expenses in connection with the exploitation of the Program by CPT; provided, however, that such Distribution Expenses shall not exceed Five Percent (5%) of Gross Receipts without AVF’s prior written consent. CPT shall have the right to cross-collateralize the Gross Receipts (after CPT deducts its Distribution Fee) earned for exploitation of the Rights in the Program throughout the Territory and the Term for purposes of recouping the Distribution Expenses and the Third Party Payments, and calculating AVF’s Share. Subject to Section 10 hereof, CPT shall credit AVF’s Share to the Program to AVF as follows: ninety (90) days after each semi-annual period in which related Gross Receipts are received. Notwithstanding anything to the contrary contained herein, no payment shall be due until CPT has received a valid invoice for such amount from AVF. All payments due hereunder shall be payable in U.S. Dollars. AVF hereby directs CPT to make any and all payments due under this Agreement to AVF as set forth below: XX XXXXXX XXXXX BANK, N.A., NEW YORK Bank address: 000 Xxxx 00xx. Street SWIFT: XXXXXX00 ABA: 000000000 FOR CREDIT THE BANK OF NOVA SCOTIA Account No. ...
Allocation of Gross Receipts. Subject to any rights and remedies of Distributor as set forth in this Agreement, Distributor shall, on an ongoing and continuing basis, deduct and allocate the following items from Gross Receipts from each Funded Qualifying Project, on a continuing basis in the following order of priority (the “Waterfall”): 6.
3.1 First, to the payment of any required Third Party Payments, including, without limitation, any Co-Financing Participations that are included in such Third Party Payments; provided however, that all unreimbursed Third Party Payments and Co-Financing Participations paid or earned prior to or during such Accounting Period shall be retained by Distributor; provided further, however, that if a Co-Financing Transaction
Allocation of Gross Receipts. If any agreement includes more than one program, or includes both Supplemental Market rights and other rights, the Authority shall make a reasonable allocation for the purpose of payments due hereunder. No pension or welfare contributions to the funds shall be required to be paid on Supplemental Market fees. Time of and Reports. Payments of any Supplemental Market fees due under this Article D shall be made annually on the basis of annual statements, as hereinafter provided, except that the initial fees payable on release in Supplemental Markets ( 3 ) (1) (a) shall be paid within sixty (60) days after such release. The Authority shall furnish to the Federation written annual reports showing the Authority's gross receipts, in accordance with the foregoing, from distribution of programs in Supplemental Markets. The Federation shall have the right, at reasonable time, to examine the books and records of the Authority insofar as they relate to the Authority's gross from distribution Supplemental Markets. Symphony, Opera and Ballet Programs are specifically excluded from all of the provisions of this article.
Allocation of Gross Receipts. 6.3.1 Distributor shall collect and account for all Gross Receipts on a Funded Picture-by-Funded Picture basis, and deposit all such Gross Receipts, when received, in the LGF Master Collection Account or the Collection Accounts. On Thursday of each week (if a Business Day and if not then on the next succeeding Business Day), Distributor shall deliver to FilmCo a preliminary allocation statement (each, a “Preliminary Estimated Allocation Statement”) which shall set forth Distributor’s estimated good faith allocation of the FundCo Estimated Share of Gross Receipts for the seven day period ending on such day (the “Preliminary Allocation Period”) held in the LGF Master Collection Account or the Collection Accounts, on a Funded Picture-by-Funded Picture basis. “FundCo Estimated Share” shall mean an amount equal to the estimated Adjusted Receipts for a Funded Picture for the applicable Preliminary Allocation Period multiplied by a percentage equal to FundCo’s Allocable Share in such estimated Adjusted Receipts calculated in accordance with Section 6.3.2. On the due date for each Preliminary Estimated Allocation Statement, on a Funded Picture-by-Funded Picture Basis, Distributor shall pay over to the FilmCo Separate Account an amount equal to the FundCo Estimated Share held in the LGF Master Collection Account or the Collection Accounts. Interest earned by FilmCo on all amounts paid over to the FilmCo Separate Account pursuant to a Preliminary Estimated Allocation Statement for a Funded Picture from the date paid over to the due date of the next Settlement Report for such Funded Picture shall be paid over by FilmCo to Distributor on each Settlement Date. FilmCo acknowledges that the Preliminary Estimated Allocation Statement is an estimate, that actual amounts may vary from such statement, that such Preliminary Estimated Allocation Statement shall not be binding for any purpose, and that Distributor shall have no liability for such estimates.
Allocation of Gross Receipts. From the Gross Receipts derived from the exploitation of the Theatrical Film Rights the Non- Theatrical Film Rights and the Public Video Rights Distributor shall first be entitled to the Recoupable Distribution Costs. Without prejudice to paragraph 4 below the balance of the Gross Receipts remaining shall be divided as to ...% ( percent)
Allocation of Gross Receipts. Subject to Section 13.1 below and any other rights and remedies of CPT as set forth in this Agreement, CPT shall, on an ongoing and continuing basis, deduct the following from Gross Receipts in the following order of priority, with any amounts remaining payable to Licensor (“Licensor’s Share”): [Xxxxxxx, where in the waterfall will the Local Version Payments be deducted from Gross Receipts – maybe right before or after Distribution Expenses (or as part of the Distribution Expense)?] Distribution Fee; Distribution Expenses; Interest at a rate of two percent (2%) over the prime interest rate, as announced from time to time by Bank of America at its home office, on the Minimum Guarantee; and
Allocation of Gross Receipts
