Definition of SPE Merchandising Participation Sample Clauses

Definition of SPE Merchandising Participation. SPE will be entitled to an amount (“SPE Merchandising Participation”) equal to the total of (A) 5% of Marvel’s (or its affiliates’) Net Sales (escalating to 6% of Net Sales for letter of credit sales FOB Asia) from the direct exploitation by Marvel or its affiliates (e.g., by Toy Biz as toy rights licensee) of any Marvel Rights with respect to Picture-Related Items at any time, plus (B) 3.5% of Marvel’s (or its affiliates’) Net Sales (escalating to 4.2% of Net Sales for letter of credit sales FOB Asia) from direct exploitation by Marvel or its affiliates of any Marvel Rights with respect to Series-Related Items at any time, plus (C) the SPE Share of Classic Merchandising, but only with respect to amounts received during or attributable to the Sharing Period, plus (D) if the computation of LP Net Receipts yields a negative balance, a sum equal to 50% of the deficit (i.e., 50% of the amount by which the total of the amounts deductible under Sections 11.e(ii)(A), (B) and (C) exceeds XX Xxxxx Receipts), provided that the total amount determined under subsection 11.f(i)(D) shall not exceed the total of the amounts determined under subsections 11.f(i)(A) and (B). If for any reason or at any time, the LP ceases to exist or the contribution to the LP of merchandising and related rights with respect to Picture-Related Items and Series-Related Items fails or is terminated, then the SPE Merchandising Participation for all subsequent accounting periods shall be increased by an amount equivalent to the SPE LP Share (computed as if XX Xxxxx Receipts were an amount equal to all non-refundable sums actually received by Marvel from third parties in respect of the licensing of merchandising and related rights with respect to Picture-Related Items and/or Series-Related Items). The SPE Merchandising Participation shall be SPE’s sole property and shall not be includible in the Gross Receipts of any Production or in LP Merchandising Gross Receipts.
Sample 1
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Definition of SPE Merchandising Participation. SPE will be entitled to an amount (“SPE Merchandising Participation”) equal to the total of (A) 4% of Marvel’s (or its affiliates’) Net Sales (escalating to 5% of Net Sales for letter of credit sales FOB Asia) from the direct exploitation by Marvel or its affiliates (e.g., by Toy Biz as toy rights licensee) of any Marvel Rights with respect to Picture-Related Items or Series-Related Items at any time, plus (B) 25% of Classic Merchandising Adjusted Gross Receipts, but only with respect to amounts received during or attributable to the Sharing Period. If for any reason or at any time, the LP ceases to exist or the contribution to the LP of merchandising and related rights with respect to Picture-Related Items and Series-Related Items fails or is terminated, then the SPE Merchandising Participation for all subsequent accounting periods shall be increased by an amount equivalent to the SPE LP Share (computed as if XX Xxxxx Receipts were an amount equal to all non-refundable sums actually received by Marvel from third parties in respect of the licensing of merchandising and related rights with respect to Picture-Related Items and/or Series-Related Items). The SPE Merchandising Participation shall be SPE’s sole property and shall not be includible in the Gross Receipts of any Production or in LP Merchandising Gross Receipts.
Sample 1

Related to Definition of SPE Merchandising Participation

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