Definition of Distributor's Gross Receipts Sample Clauses

Definition of Distributor's Gross Receipts. Except for Educational Use 1. In applying the formula set forth in this Section for calculating Supplemental Market fees, Distributor’s gross receipts shall be included in the formula at 100% of the actual amount of such gross receipts for all Supplemental Markets. 2. As used herein, the term “Distributor’s Gross Receipts” shall mean the absolute gross income received by all Distributors (as hereinafter defined) of such television program from the Supplemental Market use thereof anywhere in the world, and including the case of a “foreign territorial sale” by any such Distributor, the income received from such sale by such Distributor, but not the income received by the “purchaser” or the “licensee”. “Distributor” as used in this agreement shall mean the Producer when it distributes such program for Supplemental Market use. Gross receipts at the retail level would not be Distributor’s gross receipts hereunder. Further, if the Producer itself acts as distributor and retailer, a reasonable allocation of the retail gross receipts shall be made as between the Producer as Distributor and the Producer as retailer, and only the former shall be deemed to be Distributor’s Gross Receipts.
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Definition of Distributor's Gross Receipts. In applying the formula set in this section for Market fees, distributor's gross receipts shall be included in the formula at of the actual amount of such gross receipts for all Supplemental Markets.
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Definition of Distributor's Gross Receipts. (1) In applying the formula set forth in subsection A. of Section 5.2, Distributor's gross receipts from the Supplemental Markets (if applicable) shall be included in the formula at one hundred percent (100%) of the Distributor's gross received from Supplemental Markets after June 30, 1979. (2) For purposes of calculating Supplemental Market fees due under this Section 5.2 arising from the distribution of theatrical motion pictures to "Pay Television," as defined above," the term "Distributor's gross receipts" shall mean the worldwide total gross receipts derived by the distributor (who may be the Producer or a distributor licensed by the Producer) from licensing the right to exhibit such picture on "pay television," as defined above; provided, however, that in the case of any such picture which is produced outside of the United States, if such picture is subject to this Agreement and if such production is under an arrangement (herein referred to as a "foreign production deal") pursuant to which a foreign producer or distributor provides or guarantees any of the financing for the production of such picture or furnishes any other consideration for such production and a foreign distributor acquires one or more foreign territories for the distribution of such picture in Supplemental Markets, then no monies from any such distribution in any such foreign territory shall be included in "Distributor's gross receipts" except to the extent such foreign producer or foreign distributor is obligated to account to Producer or to the distributor of such picture for such monies, and except for gross receipts received by such foreign distributor from such distribution in the United Kingdom. If the distributor of such picture does not distribute such picture directly in Supplemental Markets, but employs a subdistributor to so distribute such picture, then the "Distributor's gross receipts" shall be the worldwide total gross receipts derived by such subdistributor from licensing the right to exhibit such picture in Supplemental Markets. In case of an outright sale of the Supplemental Markets distribution rights for the entire world, or any territory or country, the income derived by the seller from such sale, but not the income realized by the purchaser or licensee of such rights, shall be the "Distributor's gross receipts." If any such outright sale shall include Supplemental Markets exhibition rights and other rights, then (but only for the purpose of the computation requ...
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Definition of Distributor's Gross Receipts. 1. In applying the formula set forth in this Section for calculating Supplemental Market fees, Distributor's gross receipts shall be included in 2. As used herein, the term "Distributor's gross receipts" shall mean the absolute gross income received by all Distributors (as hereinafter defined) of such television program from the Supplemental Market use thereof anywhere in the world, the income received from such sale by such Distributor but not the income received by the "purchaser" or the "licensee." "Distributor," as used in this Agreement, shall mean Producer when it distributes such program for Supplemental Market use through its own distribution facilities and all other Distributors engaged by Producer to distribute such program for Supplemental Market Use. 3. The Distributor's gross receipts shall not include: a. Sums realized or held by way of deposit as security, until and unless earned, other than such sums as are non-returnable; b. Rebates, credits or repayments for cassettes returned (and in this connection Producer shall have the right to set up a reasonable reserve for returns); c. Sums required to be paid or withheld as taxes, in the nature of the turnover taxes, sales taxes or similar taxes based on the actual receipts of such programs, or any monies to be remitted to or by Producer or such other distributor; but there shall not be excluded for Distributor's gross receipts any net income tax, franchise tax or excess profit tax, or similar tax payable by Producer or such Distributor on its net income or for the privilege of doing business; d. Frozen foreign currency until Producer shall either have the right to freely use such foreign currency, or Producer or Distributor has the right to transmit to the United States to Producer or Distributor such foreign currency from the country or territory where it is frozen. If such currency may be utilized or transmitted as aforesaid, it shall be deemed to have been converted to United States dollars at the rate of exchange at which such currency was actually transmitted to the United States as aforesaid, or if not actually transmitted, then at the prevailing free market rate of exchange at the time such right to use or to transmit occurs.
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Definition of Distributor's Gross Receipts. Except for Educational Use 1. In applying the formula set forth in this Section for calculating Supplemental Market fees, Distributor’s gross receipts shall be included in the formula at 100% of the actual amount of such gross receipts for all Supplemental Markets. 2. As used herein, the term “Distributor’s Gross Receipts” shall mean the absolute gross income received by all Distributors (as hereinafter defined) of such television program from the Supplemental Market use thereof anywhere in the world, and including the case of a “foreign territorial sale” by any such Distributor, the income received from such sale by such Distributor, but not
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Related to Definition of Distributor's Gross Receipts

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