Definition of Gross Revenues x. Xxxxx Revenues shall mean, for all purposes in this Agreement, all monies paid to LESSEE or considerations of determinable value received from customers and clients by LESSEE, and any affiliate or subsidiary companies, concessionaires, licensees, permitees or sub-lessees conducting any business from or upon the Premises, after discounts and coupons deducted at the time of sale, for:
Definition of Gross Revenues. The definition of “Gross Revenues” in Article II of the Franchise Agreement is hereby deleted in its entirety and replaced with the following: Gross Revenues means all money or things of value, calculated at their market value in United States currency, received or receivable (earned but not yet received), by Franchisee, directly or indirectly, in connection with the Franchised Business (earned in compliance with all laws) including transactions and services that require a real estate license and/or in which Franchisee uses the Service Marks or the System in any manner. “Gross Revenue” shall be accounted and booked in accordance with United States Generally Accepted Accounting Principles. “Gross Revenue” will include all such revenue before the deduction of any fees, costs or expenses Franchisee incur (including, without limitation, commissions, referral fees or other things of value, without deducting Franchisee’s costs or expenses, multiple listing fees, commissions, salaries, overrides or bonuses payable to its salespersons or employees), except that “Gross Revenues” shall specifically exclude: (a) commissions from Residential Property Management Activities, subject to the terms of Section 18.10, (b) “Agent Fees” paid directly by Franchisee’s own independent contractor sales agents to Franchisee (that do not decrease or otherwise affect the amount of any commission Franchisee receives from closed transactions), and (c) referral fees Franchisee pays to: (I) other licensed brokers operating under a Berkshire Hathaway HomeServices brand or Prudential Real Estate brand franchise agreement; (II) any referral networks owned or operated by BHH Affiliates, LLC ; or (III) brokers or referral networks not related to BHH Affiliates, LLC (“Out-of-Network Referral Fees”).
Definition of Gross Revenues. The term "
Definition of Gross Revenues. “Gross Revenues” is defined as all sales generated through the Franchised Business, including fees for any products or services sold by the Franchisee, whether for cash or credit (regardless of ability to collect), and income of every kind or nature related to the Franchised Business, including origination and destination fees and finders’ fees; provided, however, that “Gross Revenues” shall not include any sales tax or other taxes collected from the Franchisee’s customers for transmittal to the appropriate taxing authority.
Definition of Gross Revenues. For purposes of this Agreement, the following definitions shall be applicable:
Definition of Gross Revenues. “Gross Revenue” or “Gross Revenues” shall mean any and all revenues or receipts derived from the Cable System or the operation thereof to provide Cable Services within the Franchise Area, including cash, credits, property or other consideration of any kind or nature, and collected by Grantee. Gross Revenues shall be recognized according to GAAP, to include, without limitation, recurring monthly charges for Cable Services; event-based charges for video services including, but not limited to, Pay-Per-View Event(s), Pay-Per-View Movie(s), Premium Channels and video-on-demand charges; charges for the rental or sale of set top boxes and other Cable Services or video service related equipment; service charges related to the provision of Cable Services, including, but not limited to, service order, installation, connection and service termination charges; and advertising revenue. Gross Revenue shall include any such revenue or receipts received by any Affiliate of the Grantee where such revenue or receipts in the ordinary course of business should have, according to existing practices, been paid to Grantee in connection with the operation of its Cable System within Grantor’s Franchise Area. Gross Revenues shall not include the following: (1) any taxes, fees, or assessments that are collected by the video service provider from video service Subscribers for pass-through to any federal, state, or local government agency, including the Franchise Fee authorized under Article II, Sections 10.A (Franchise Fee), 10.C (Opt-Out Applications – Franchise Fee) and 10.D (Payment of Franchise Fee); (2) uncollectible charges, except that uncollectible charges, all or part of which are written off as bad debt but subsequently collected, less the expenses of their collection shall be included in gross revenue in the quarter collected; (3) late payment charges; (4) maintenance charges; (5) charges for services other than Cable Service, reasonably identifiable on books or records the Grantee kept in the regular course of business or by other reasonable means, that are aggregated or bundled with amounts billed to Cable Service Subscribers, including, but not limited to, any revenue received by Grantee or its Affiliates for Non-Cable Services or the provision of directory or internet advertising, including yellow pages, white pages, banner advertising, and electronic publishing; and (6) reimbursement by programmers of marketing costs actually incurred by the video service provider.
Definition of Gross Revenues. “Gross Revenue” or “Gross Revenues” shall mean any and all revenues or receipts derived from the Cable System or the operation thereof to provide Cable Services within the Franchise Area, including cash, credits, property or other consideration of any kind or nature, and collected by Grantee. Gross Revenues shall be recognized according to GAAP, to include, without limitation, recurring monthly charges for Cable Services; event-based charges for video services including, but not limited to, Pay-Per-View Event(s), Pay-Per-View Movie(s), Premium Channels and video-on-demand charges; charges for the rental or sale of set top boxes and other Cable Services or video service related equipment; service charges related to the provision of Cable Services, including, but not limited to, service order, installation, connection and service termination charges; and advertising revenue. Gross Revenue shall include any such revenue or receipts received by any Affiliate of the Grantee where such revenue or receipts in the ordinary course of business should have, according to existing practices, been paid to Grantee in connection with the operation of its Cable System within Grantor’s Franchise Area. Gross Revenues shall not include the following:
Definition of Gross Revenues. The following definition of Gross Revenues shall be used for purposes of calculating Percentage Rent pursuant to Section 4.2.
Definition of Gross Revenues. The term "Gross Revenues" shall mean, for any period, the consolidated gross revenues of R&A and its Subsidiaries (less any portion thereof attributable to any minority equity interest in a Subsidiary held by a third party other than an employee of R&A or any of its Subsidiaries) from whatever source derived, calculated on an accrual basis in accordance with generally accepted accounting principles consistently applied ("GAAP") (but also shall include (X) the amount by which any judgments, awards, settlement amounts, indemnification payments or insurance proceeds received exceed any Company Expenditures incurred or made in respect of the events giving rise to any such judgment, award, settlement amount,indemnification payment or insurance proceeds, and (Y) all annual gross revenues of New RMC constituting "carried interests" and other performance-related fees); provided, however, that Gross Revenues shall not include all or any proceeds received by R&A during such period from any transaction or series of transactions pursuant to which: (A) R&A undergoes a change of control constituting an "assignment" of its investment advisory contracts within the meaning of the Investment Company Act of 1940 (which change of control does not result from a change of control of Legg Mason), ox (X) X&X ceases to serve (directly or through a Subsidiary) as the primary investment adviser to substantially all of the investment management clients of Royce existing immediately following the Closing, which proceeds shall be distributed in their entirety to Legg Mason; anx, xrxxxxxd, further, that Gross Revenues shall not include (i) the amount of any judgments, awards, settlement amounts,indemnification payments (other than those distributions and other payments described in clause (iii) of this proviso, which shall be treated in the manner provided for in clause (iii) below) or insurance proceeds up to the amount that is the equal to the Company Expenditures incurred or made in respect of the events giving rise to such judgment, award, settlement amount, indemnification payment or insurance proceeds (and such amounts shall be added directly to Retained Operating Revenues in their entirety for the fiscal quarter in which such judgment, award, settlement amount, indemnification payment, or insurance proceeds is recorded in accordance with GAAP, and shall not be included in calculating the amount of any Legg Mason Disxxxxuxxxx); (ii) any fees or reimbursements paid pursuant to a pl...
Definition of Gross Revenues. “Gross Revenues” means the aggregate amount of (i) all fees and other revenue that Purchaser actually receives from any source following the Closing Date, (ii) the then-current fair market value of (x) the Purchased Assets, or (y) the Business (as a going concern) or portion thereof sold or otherwise transferred to an Affiliate of Purchaser and/or Xxxx Xxxxxxxx, and (iii) the proceeds from the sale or other disposition by Purchaser to any other third party of all or any portion of (x) the Purchased Assets and/or (y) the Business as a going concern following the Closing Date
