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;
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”):
Allocation of Gross Receipts. If any agreement for distribution in the Supplemental Market includes more than one
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. Payments and Accounting Statements. 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 ...
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. “
Allocation of Gross Receipts. 1. 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. 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. 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. 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/DVD, Video on Demand, Internet and any other Granted Rights, Distributor shall deduct and retain twenty percent (20%) of Gross receipts.b) From the remaining revenues Distributor shall recoup all recoupable expenses related to the prints, marketing, advertising and sale of the Picture.c) The net proceeds shall be paid to Producer.d) Gross Receipts: As used herein, the term “Gross Receipts” shall mean all monies actually received by and credited to Distributor less any refunds, returns, taxes, collection costs and manufacturing or duplication costs.e) Deductions from Gross Receipts shall be taken in the following order:1) Distribution fee (20%)2) Recoupment of any advance and any recoupable Delivery Expenses incurred by Distributor3) Recoupment of any recoupable Promotional Expenses incurred by Distributor.4) Net Proceeds shall be paid to Producer.9. RECOUPABLE EXPENSES: As used herein, the term expenses and/or recoupable expenses shall mean all of Distributor’s actual expenses on behalf of the Picture limited as follows:a) Promotional Expenses: These expenses include the cost of preparing posters, one-sheets, trailers and advertising. Licenses, contracts, assignments and the written permissions from the proper parties interest, establishing Producer’s “Chain of Title” with respect to the Picture and all elements thereof and permitting Producer, and its assigns to use any musical, literary, dramatic and other material of whatever nature used by Producer in the Production of the Picture.6.
