DEFINITION OF "GROSS REVENUE Sample Clauses

DEFINITION OF "GROSS REVENUE. As used in this Agreement, the term "Gross Revenue" means all revenue you derive from operating the BUSINESS, and whether from cash, check, credit, barter, or other transactions, but excluding all federal, state or municipal sales, use or service taxes collected from customers and paid to the appropriate taxing authority and excluding customer refunds, adjustments, credits and allowances actually made by the BUSINESS in compliance with "The Methods of Operation" (defined in Article 4.5).
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DEFINITION OF "GROSS REVENUE x. Xxxxx revenue. Save as otherwise stated in paragraph 9, gross revenue shall comprise 100% (100%) of any income, money or other consideration (to the extent that a present value can be attributed to such other compensation) actually provided by Disney and its affiliates (including any affiliates acting as subdistributors) of the exploitation of (i) the Image, or elements or parts thereof, in all media and markets throughout the universe (including without limitation) , theatrical, non-theatrical, home video and all forms of television), whether known or conceived below, and (ii) any additional rights relating to such an image or a derivative works based on such an image. Without limiting the generality of the foregoing, gross revenue, but not limited to [*], income from [*] that [*] (or the [*] if they receive more than one [*]) and income for [*] on or in [*] of one of the Images. With regard to [*] which is not yet known or conceived, other [*] or [*] which are not currently [*] or [*] shall be included in the gross revenue if and to the extent that such inclusion complies with the provisions of this Agreement. Gross revenue shall be calculated using the [*] so that [*] (to the extent [*]) [*] [*] are if the [*] Disney has not yet taken place for the [*] Disney can [*] only fix for [*] and [*] for [*] and [*] ] (subject to paragraph 11, (e), provided that (1) such [*] of gross revenue of [*] less [*] or [*] of the gross revenue of [*] minus [*], (2) These [*] are [*] within a reasonable period of time no more than [*] and [*] for [*] , and (3) [*] [*] on each [*] part of [*], at the rate referred to in paragraph 24, from the centre of the applicable ------- [*] certain information on that page has been omitted and submitted separately to the Commission. Confidentiality has been requested in relation to the omitted sections. -12- 17 months or quarter in which [*] until [*] [*] is [*]. To the extent that [*] receives a [*] from the date [*] to [*] in gross revenue, at the rate referred to in paragraph 24. B. Exclusions from gross income. By way of derogation from the contrary to this Agreement, gross revenue does not include: (i) [*] of [*] for [*] of the images [*], (ii) receipts of [*] (including unlimited [*]) for the of the images or [*] thereof [*], (iii) revenue
Sample 1
DEFINITION OF "GROSS REVENUE. “Gross Revenue” means the revenue received by Lessee from Lessee’s operations at the Premises (or the operations of any sublessee occupying the entire Premises for all or substantially all of the remaining term), including, without limitation goods or services sold in or from the Premises by Lessee, whether for cash or for credit, excluding, however, the following: (A) the sales price of all goods returned and accepted for full credit or the amount of the cash refund or allowance made thereon; (B) the sums and credits received in settlement of claims for loss or damage to goods stored at the Premises; (C) sales taxes, cannabis related taxes excise taxes, gross receipt taxes, and other taxes now or hereafter imposed upon the sale or value of goods or services, whether added separately to the selling price of the merchandise or services and collected from customers or included in the retail selling price; (D) Lessee’s accounts receivable, not to exceed two percent (2%) of Gross Revenue, which have been determined to be uncollectible for federal income tax purposes during the Lease Year, provided, however, that if such accounts are actually collected in a later Lease Year, the amount shall be included in the Gross Revenue for such later Lease Year; or (E) rents, subrents or other consideration received in connection with an assignment, sublease, license, concession or other transfer of any portion of the Premises. For avoidance of doubt, Gross Revenue shall in no event include the value of goods or services sold by any sublessee of the Premises, who is not affiliated with Lessee unless the sublease is of the entire Premises, and in the case of affiliates, such Gross Revenue will not be included unless such sublease is entered into in bad faith to avoid or reduce payment of Operating Rent hereunder.
Sample 1
DEFINITION OF "GROSS REVENUE. For purposes of this Agreement, the term "Gross Revenue" includes the total during any month of all sales, monies, revenues, charges and receipts received by Franchisee or any other person which are derived from services sold at the Fitness Center and from all sales and orders made, solicited or received at the Fitness Center, and from all other business whatsoever conducted at or from the Fitness Center or related in any way to the Fitness Center, whether such revenues are evidenced by cash, credit (and regardless of collection in the case of credit), checks, credit cards, gift certificates, scrip, coupons, services, property or other means of exchange, and whether such sales are of vending or coin operated machine items, services, merchandise or products of any nature whatsoever. However, Gross Revenue shall not include (i) sales taxes or other taxes measured on the basis of the Gross Revenue of the business imposed by governmental authorities directly on sales and collected from clients, provided the taxes are added to the selling price and are in fact paid by Franchisee to the appropriate governmental authorities; and (ii) sales for which refunds have been made to clients to the extent that such sales have been previously included in Gross Revenue for which a Continuing Service Fee was paid. 4.4.1 Gross Revenue shall be deemed received by Franchisee at the time any payment is received by Franchisee, whether such payment represents an installment or partial payment or payment in full for any of the products, merchandise or services sold, contracted for or rendered. Gross Revenue consisting of property or services shall be valued at the prices applicable, at the time such Gross Revenue are received, to the products or services exchanged for such Gross Revenue. 4.4.2 Franchisee shall report the daily Gross Revenue to Franchisor at the time of payment of the Continuing Service Fee and Brand Development Fee on such form and in such detail as may be prescribed from time to time by Franchisor, and at the same time Franchisee shall deliver to Franchisor copies of all customer product and service order forms in such form and such detail as Franchisor may from time to time require. 4.5
Sample 1

Related to DEFINITION OF "GROSS REVENUE

  • Definition of Operating Expenses (a) Subject to the exclusions and provisions hereinafter contained, the term "

  • Adjusted EBITDA The 2019 adjusted EBITDA for the Affiliated Club Sellers shall total an aggregate of not less than $10,700,000.

  • Minimum Consolidated EBITDA The Borrower will not permit Modified Consolidated EBITDA, for any Test Period ending at the end of any fiscal quarter of the Borrower set forth below, to be less than the amount set forth opposite such fiscal quarter: Fiscal Quarter Amount September 30, 1997 $36,000,000 December 31, 1997 $36,000,000 March 31, 1998 $36,000,000 June 30, 1998 $37,000,000 September 30, 1998 $37,000,000 December 31, 1998 $38,000,000 March 31, 1999 $38,000,000 June 30, 1999 $39,000,000 September 30, 1999 $40,000,000 December 31, 1999 $41,000,000 March 31, 2000 $41,000,000 June 30, 2000 $42,000,000 September 30, 2000 $43,000,000 December 31, 2000 $44,000,000 March 31, 2001 $44,000,000 June 30, 2001 $45,000,000 September 30, 2001 $46,000,000 December 31, 2001 $47,000,000 March 31, 2002 $47,000,000

  • Minimum Adjusted EBITDA As of any date of determination from and after April 1, 2008, if Borrowers do not have Net Debt in an amount less than $4,000,000 at all times during the most recently completed fiscal quarter, then Borrowers shall not fail to achieve Adjusted EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto (and the failure to do so shall be deemed an Event of Default): Applicable Amount Applicable Period $(1,234,000) For the 3 month period ending March 31, 2008 $(1,246,000) For the 6 month period ending June 30, 2008 $(200,000) For the 9 month period ending September 30, 2008 $(839,000) For the 12 month period ending December 31, 2008 $(750,000) For the 12 month period ending March 31, 2009 17 Applicable Amount Applicable Period $(500,000) For the 12 month period ending June 30, 2009 $(150,000) For the 12 month period ending September 30, 2009 $150,000 For the 12 month period ending December 31, 2009 $350,000 For the 12 month period ending March 31, 2010 $550,000 For the 12 month period ending June 30, 2010 $750,000 For the 12 month period ending September 30, 2010 $950,000 For the 12 month period ending December 31, 2010 and for each 12 month period ending as of the last day of each fiscal quarter thereafter

  • Definition of Good Reason For purposes hereof, “Good Reason” shall mean:

  • Definitions Etc For purposes of this Section 5 and Section 7: The issuance of any warrants, options or other subscription or purchase rights with respect to shares of Common Stock and the issuance of any securities convertible into or exchangeable for shares of Common Stock (or the issuance of any warrants, options or any rights with respect to such convertible or exchangeable securities) shall be deemed an issuance at such time of such Common Stock if the Net Consideration Per Share which may be received by the Company for such Common Stock (as hereinafter determined) shall be less than the Purchase Price at the time of such issuance and, except as hereinafter provided, an adjustment in the Purchase Price and the number of shares of Common Stock issuable upon exercise of this Warrant shall be made upon each such issuance in the manner provided in Section 5. 1. Any obligation, agreement or undertaking to issue warrants, options, or other subscription or purchase rights at any time in the future shall be deemed to be an issuance at the time such obligation, agreement or undertaking is made or arises. No adjustment of the Purchase Price and the number of shares of Common Stock issuable upon exercise of this Warrant shall be made under Section 5.1 upon the issuance of any shares of Common Stock which are issued pursuant to the exercise of any warrants, options or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any convertible securities if any adjustment shall previously have been made upon the issuance of any such warrants, options or other rights or upon the issuance of any convertible securities (or upon the issuance of any warrants, options or any rights therefor) as above provided. Any adjustment of the Purchase Price and the number of shares of Common Stock issuable upon exercise of this Warrant with respect to this Section 5.2 which relates to warrants, options or other subscription or purchase rights with respect to shares of Common Stock shall be disregarded if, as, and to the extent that such warrants, options or other subscription or purchase rights expire or are canceled without being exercised, so that the Purchase Price effective immediately upon such cancellation or expiration shall be equal to the Purchase Price that otherwise would have been in effect at the time of the issuance of the expired or canceled warrants, options or other subscriptions or purchase rights, with such additional adjustments as would have been made to that Purchase Price had the expired or cancelled warrants, options or other subscriptions or purchase rights not been issued. For purposes of this Section 5.2, the "Net Consideration Per Share" which may be received by the Company shall be determined as follows:

  • Definition of Profit and Loss “Profit” and “Loss” and any items of income, gain, expense, or loss referred to in this Agreement shall be determined in accordance with federal income tax accounting principles, as modified by Regulations Section 1.704-1(b)(2)(iv), except that Profit and Loss shall not include items of income, gain and expense that are specially allocated pursuant to Sections 5.1(b), 5.1(c) or 5.1(d). All allocations of income, Profit, gain, Loss and expense (and all items contained therein) for federal income tax purposes shall be identical to all allocations of such items set forth in this Section 5.1, except as otherwise required by Section 704(c) of the Code and Regulations Section 1.704-1(b)(4). The General Partner shall have the authority to elect the method to be used by the Partnership for allocating items of income, gain, and expense as required by Section 704(c) of the Code including a method that may result in a Partner receiving a disproportionately larger share of the Partnership tax depreciation deductions, and such election shall be binding on all Partners.

  • Minimum Consolidated Adjusted EBITDA The Borrower will maintain, as of the last day of each Fiscal Quarter, commencing with the Fiscal Quarter ending June 30, 2003, a minimum Consolidated Adjusted EBITDA of no less than (i) $0 for the Fiscal Quarter ending June 30, 2003, (ii) $1,000,000 for the Fiscal Quarter ending September 30, 2003 and (iii) $2,500,000 for each Fiscal Quarter thereafter.

  • Definition of Market Price The market price for any security shall be (i) the market price for that security quoted at the close of the trading day effective on the Bank Closing Date as published electronically by Bloomberg, L.P., or alternatively, at the discretion of the Receiver, by IDC/Financial Times (FT) Interactive Data; (ii) provided that if such market price is not available for such security, the Assuming Institution will submit a written purchase price bid for such security within three days of notification/bid request by the Receiver (unless a different time period is agreed to by the Assuming Institution and the Receiver) and the Receiver, in its sole and absolute discretion, will accept or reject each such purchase price bid; (iii) further provided that in the absence of an acceptable bid from the Assuming Institution, or in the event that a security is deemed essential to the Receiver as determined by the Receiver in its discretion (see Section 3.6 Retention or Repurchase of Assets Essential to the Receiver) such security shall not pass to the Assuming Institution and shall be deemed to be an excluded asset hereunder and listed on Schedule 3.5(l).

  • CALCULATION OF NET ASSET VALUE U.S. Trust will calculate the Fund's daily net asset value and the daily per-share net asset value in accordance with the Fund's effective Registration Statement on Form N-2 (the "Registration Statement") under the Securities Act of 1933, as amended (the "Securities Act"), including its current prospectus. If so directed, U.S. Trust shall also calculate daily the net income of the Fund

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