Allocation of Net Proceeds Sample Clauses

Allocation of Net Proceeds. Solid acknowledges that the Company may acquire Additional Patents from other entities and that those Additional Patents may or may not be asserted as part of the Company’s Enforcement Activities. Solid further acknowledges that as part of its Enforcement Activities the Company may enter into settlements that cover these Additional Patents. In situations where portions of Gross Proceeds relate to the Additional Patents, the Company and the Management Group will work with Solid to devise a fair and equitable allocation of the Net Proceeds between the Company and Solid with respect to any funds that might be due to any third party from which the Additional Patents are acquired. Notwithstanding the foregoing, in situations where portions of the Gross Proceeds relate to Additional Patents, the allocation of Net Proceeds would be mutually agreed upon by the parties on a case by case basis.
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Allocation of Net Proceeds. The net proceeds from each sale of the Shares by the Escrow Agents and any amounts paid to KS, as an Escrow Agent, into escrow by FI pursuant to Section 6.c.(1) shall be allocated as follows (For examples of how this Section works in conjunction with the rest of Section 6, see Exhibit F):
Sample 1
Allocation of Net Proceeds. Gxxxxxx acknowledges that the Company may acquire Additional Patents from other entities and that those Additional Patents may or may not be asserted as part of the Company’s Enforcement Activities. Gxxxxxx further acknowledges that as part of its Enforcement Activities the Company may enter into settlements that cover these Additional Patents. In situations where portions of Gross Proceeds relate to the Additional Patents, the Company and the Management Group will work with Gxxxxxx to devise a fair and equitable allocation of the Net Proceeds between the Company and Gxxxxxx with respect to any funds that might be due to any third party from which the Additional Patents are acquired. Notwithstanding the foregoing, in situations where portions of the Gross Proceeds relate to Additional Patents, the allocation of Net Proceeds would be mutually agreed upon by the parties on a case by case basis.
Sample 1
Allocation of Net Proceeds. Energy Telecom acknowledges that the Company may acquire Additional Patents from other entities and that those Additional Patents may or may not be asserted as part of the Company’s Enforcement Activities. Energy Telecom further acknowledges that as part of its Enforcement Activities the Company may enter into settlements that cover these Additional Patents. In situations where portions of Gross Proceeds relate to the Additional Patents, the Company and the Management Group will work with Energy Telecom to devise a fair and equitable allocation of the Net Proceeds between the Company and Energy Telecom with respect to any funds that might be due to any third party from which the Additional Patents are acquired. Notwithstanding the foregoing, in situations where portions of the Gross Proceeds relate to Additional Patents, the allocation of Net Proceeds would be mutually agreed upon by the parties on a case by case basis.
Sample 1
Allocation of Net Proceeds. Xxxxxxx wishes to keep the Company's management team (the "Management Team") listed on Exhibit C attached to and made a part of this Agreement by this reference, intact and to encourage the Management Team to remain with the Company until consummation of the Transaction, and if the terms and conditions of the Transaction so provide, for a limited period thereafter, in order to facilitate an orderly Transaction at the highest possible purchase price. Consequently, Xxxxxxx agrees with the Company for the benefit of the Management Team still with the Company upon consummation of the Transaction that the Net Proceeds for the consummated Transaction shall be allocated as follows:
Sample 1

Related to Allocation of Net Proceeds

  • Application of Net Proceeds The Company shall apply the net proceeds from the Offering received by it in a manner consistent with the application thereof described under the caption “Use of Proceeds” in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

  • Distribution of Net Cash Flow Net Cash Flow shall be distributed among the Partners in accordance with their Partnership Percentages at such times and in such amounts as shall be determined by the General Partner.

  • Allocation of Net Profits and Net Losses As of the last day of each Fiscal Period, any Net Profits or Net Losses for the Fiscal Period shall be allocated among and credited to or debited against the Capital Accounts of the Members in accordance with their respective Investment Percentages for such Fiscal Period.

  • Allocation of Proceeds If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower hereunder or thereunder, shall be applied in the following order and priority:

  • Allocation of Net Income and Net Loss Net Income or Net Loss of the Partnership shall be determined as of the end of each calendar year and as of the end of any interim period extending through the day immediately preceding any (i) disproportionate Capital Contribution, (ii) disproportionate distribution, (iii) Transfer of a Partnership Interest in accordance with the terms of this Agreement, or (iv) Withdrawal Event. If a calendar year includes an interim period, the determination of Net Income or Net Loss for the period extending through the last day of the calendar year shall include only that period of less than twelve (12) months occurring from the day immediately following the last day of the latest interim period during the calendar year and extending through the last day of the calendar year. For all purposes, including income tax purposes, Net Income, if any, of the Partnership for each calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period. In the event of a Net Loss for a particular calendar year or interim period, then, for such calendar year or interim period, the Net Loss for such calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period.

  • Application of Net Liquidation Proceeds For all purposes under this agreement, Net Liquidation Proceeds received from a Servicer shall be allocated first to accrued and unpaid interest on the related Mortgage Loan and then to the unpaid principal balance thereof.

  • Allocation of CDSCS (1) CDSCS RELATED TO THE REDEMPTION OF COMMISSION SHARES OTHER THAN OMNIBUS SHARES: CDSCs in respect of the redemption of Commission Shares which are not Omnibus Shares shall be allocated to PSI or Successor Distributor depending upon whether the related redeemed Commission Share is attributable to PSI or Successor Distributor, as the case may be, in accordance with Part I above.

  • Allocations of Net Profits and Net Losses (a) After giving effect to the allocations under Sections 4.2 and 7.1(b)(v), Net Profits and Net Losses and all related items of income, gain, loss, deduction and credit for each Fiscal Period shall be allocated among the Members in such manner as shall cause the Capital Accounts of each Member to equal, as nearly as possible, (i) the amount such Member would receive if all assets on hand at the end of such year were sold for cash at the Carrying Values of such assets, all liabilities were satisfied in cash in accordance with their terms (limited in the case of Member Nonrecourse Debt and Company Nonrecourse Liabilities to the Carrying Value of the assets securing such liabilities), and any remaining or resulting cash was distributed to the Members under Section 4.4(a), minus (ii) an amount equal to such Member’s allocable share of Minimum Gain as computed immediately prior to the deemed sale described in clause (i) above in accordance with the applicable Treasury Regulations, and minus (iii) the amount any such Member is treated as obligated to contribute to the Company, computed immediately after the deemed sale described in clause (i) above.

  • Distributions of Net Cash Flow The Net Cash Flow of the Partnership for each calendar year, shall be distributed to the Partners from time to time, in the discretion of the General Partner, in accordance with the Percentage Interests of the Partners.

  • Limitation on Allocation of Net Loss To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi).

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