Disposition of Gross Receipts Sample Clauses

Disposition of Gross Receipts. Subparagraph 3.1(iii) of the Michigan JV Agreement is deleted in its entirety and replaced with the following:
Sample 1
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Disposition of Gross Receipts. Distributor will make continuing payments and recoupments in the following order from Gross Receipts for each designated Licensed Right in the Authorized Format separately. No cross- collateralization is allowed except as provided in Paragraph E. Cinematic Distribution 70.% 30.% - Theatrical Distribution 70.% 30.% - Non Theatrical Distribution 70.% 30.% - Public Video Distribution 70.% 30.% Video Royalty 75% 25% - Rental Royalty 75% 25% - Sell-Thru Royalty 75% 25% - Electronic Sell-Thru Royalty 75% 25% Ancillary Distribution 70.% 30.% - Hotel Distribution 70.% 30.% Pay Per View Distribution 70.% 30.% - PPV Residential Distribution 70.% 30.% - PPV Commercial Distribution 70.% 30.% - Near Demand View Distribution 70.% 30.% Pay TV Distribution 70.% 30.% - Pay Terrestrial Distribution 70.% 30.% - Pay Cable Distribution 70.% 30.% - Pay Satellite Distribution 70.% 30.% Free TV Distribution 70.% 30.% - FTV Terrestrial Distribution 70.% 30.% - FTV Cable Distribution 70.% 30.% - FTV Satellite Distribution 70.% 30.% - Internet Download Distribution 70.% 30.% - Internet Streaming Distribution 70.% 30.% Distributor will make continuing payments and recoupment as to each Licensed right as follows: (a) Theatrical, Non-theatrical and Public Video; Any Uses not Otherwise Specified Below: Distributor shall be entitled to deduct actual out of pocket costs incurred by prints, advertising and other costs directly related to exercise of these Licensed Rights and shall remit 70% of the balance to Licensor. (b) Pay Television, PPV, VOD, Free Television and the like: Distributor shall be entitled to deduct and retain as a distribution fee (to cover both any fees and all costs) sums equal to 30% of Gross Receipts from the exercise of these Licensed Rights; the balance (i.e. 70%) shall be remitted to Licensor. (c) Video/DVD Rentals and Sales: Distributor shall remit to Licensor sums equal to 75% of Gross Receipts (net of returns) received from exercise of such Licensed Rights, i.e. wholesale price for rentals and sales of videotape and DVD units by Distributor or any subdistributor; Distributor shall retain the remaining 25% of such Gross Receipts from which it shall bear all expenses incurred in connection with exercise of such Licensed Rights. (d) Video/DVD Sell-Thru: Distributor shall remit to Licensor sums equal to 75% of Gross Receipts (net of returns) received from exercise of such Licensed Rights, i.e. wholesale price for rentals and sales of videotape and DVD units by Distr...
Sample 1
Disposition of Gross Receipts. Gross Receipts shall be applied on a continuous rolling basis as follows: (a) First, Maple shall receive its Servicing Fee; (b) Second, Maple shall be entitled to recoup and retain all Servicing Expenses; (c) Third, Christal’s entitlement to any distribution fees specified in the Library Agreements above the Servicing Fee (e.g. Library Agreement specifies distribution fee of 25%, Servicing Fee is 12.5%, difference of 12.5%) or recovery of previously expended expenses and/or minimum guarantees will be paid to a special bank account (the “Account”)in accordance with the terms of the Plan of Arrangement dated February 5, 2009 (the “Plan”). (d) Following the deductions stated above, the remaining Gross Receipts shall be deemed “Net Receipts” and shall be payable directly to the Account, unless otherwise specified in writing in accordance with the terms of the Plan. It is understood and agreed that Gross Receipts derived from commercialization of the each Catalogue 1 Picture in all media are cross-collateralized, but the Catalogue 1 Pictures are not cross-collateralized between pictures unless otherwise agreed in the Library Agreements.
Sample 1
Disposition of Gross Receipts. Gross Receipts shall be allocated, applied, and paid on a cumulative basis in the following order of priority:
Sample 1
Disposition of Gross Receipts. Gross Receipts shall be defined as 100% of the Gross Receipts actually received by KEG from the exploitation of the Project. WFF and KEG hereby agree to the following allocation and disposition of gross receipts: i. First, KEG distribution fee and expenses shall be recouped from Gross Receipts; ii. Second, the production cost in the amount of $2 Million U.S. Dollars shall be disbursed to WFF; and iii. Third, the remaining balance of Gross Receipts (hereinafter referred to as "Adjusted Gross Receipts") shall be disposed of as follows: a. 25% of the Adjusted Gross Receipts shall be payable to WFF;
Sample 1
Disposition of Gross Receipts. Except as otherwise expressly agreed by the Parties in writing, gross receipts actually received and derived from the Contract (“Gross Receipts”) shall be allocated and disposed of on a continuous rolling-basis as follows: (i) First, to payment of all taxes, duties, and governmental tariffs, if any, (including but not limited to goods and services taxes and any applicable provincial, state or federal sales, consumption, use or excise taxes, import or export duties, stamp duties, withholding taxes or other assessments but excluding income taxes) derived from and/or imposed on the operation by the Joint Venture of the iLottery System; (ii) Second, subject to Mutual Approval, to the reimbursement of direct and verifiable third party expenses; (iii) Third, to the reimbursement of the pro-rata share of those categories of direct and verifiable reasonable expenses related to the Joint Services (which are not third party expenses) or the pro-rata share of those categories of direct and verifiable reasonable expenses listed in Schedule “C” actually incurred by either NG or Pxxxxxx and evidenced in writing, without mxxx-up, in the operation of the iLottery System or in respect of the Marketing Plan; (iv) Fourth, balance of Gross Receipts (“Net Receipts”) to be shared ratably between NG and Pxxxxxx on equal shares (50%-50%). Except as otherwise expressly agreed by the Parties in writing, there shall be no deductions from or allocation of, Gross Receipts other than as set forth above in this Paragraph 3.1. To the extent that Gross Receipts are, at any time, insufficient for the purposes of reimbursing direct and verifiable third party expenses pursuant to Paragraph 3.1(ii) or direct and verifiable expenses of the Parties pursuant to Paragraph 3.1(iii), such obligations or commitments shall, in accordance with the principles outlined in Paragraph 4.2, be borne by the party incurring the obligation or commitment and reimbursed ratably (as to 50%) by the other party.
Sample 1
Disposition of Gross Receipts. The parties acknowledge that to date Company has incurred actual, verifiable, third party Production Costs totaling $29,000.00 for the Picture. The parties further acknowledge that Company contemplates conducting an on-line, non-investor crowdfunding campaign to secure funds totaling $65,000.00 to complete post-production for the Picture (the “Completion Funding”). The parties agree that all funds, if any, which exceed the Completion Funding shall be included in Gross Receipts. All revenues actually received from the exploitation of the Picture after deduction of any expenses actually incurred by Company to complete post-production for the Picture (if those expenses exceed any funds retained by Company that exceeded the Completion Funding) and any third party (other than the sales agent) distribution fees and expenses (“Gross Receipts”) shall be payable as follows on a continuing basis (subject to the terms of any mutually-approved production lender):
Sample 1
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Disposition of Gross Receipts 
Sample 1

Related to Disposition of Gross Receipts

  • Gross Receipts The entire amount of all receipts, determined on a cash basis, from (a) tenant rentals collected pursuant to tenant leases of apartment units, for each month during the term hereof; provided that there shall be excluded from tenant rentals any tenant security deposits (except as provided below); (b) cleaning, tenant security and damage deposits forfeited by tenants in such period; (c) laundry and vending machines income; (d) any and all other receipts from the operation of the Project received and relating to the period in question; (e) proceeds from rental interruption insurance, but not any other insurance proceeds or proceeds from third-party damage claims, and (f) any other sums and charges collected in connection with termination of the tenant leases. Gross Receipts also does not include the proceeds of (i) any sale, exchange, refinancing, condemnation, or other disposition of all or any part of the Project, (ii) any loans to Owner whether or not secured by all or any part of the Project, (iii) any capital expenditures or funds deposited to cover costs of operations made by Owner, and (iv) any insurance policy (other than rental interruption insurance or proceeds from third-party damage claims).

  • Net Sales Proceeds In the case of a transaction described in clause (A) of the definition of Sale, the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including all real estate commissions, closing costs and legal fees and expenses. In the case of a transaction described in clause (B) of such definition, Net Sales Proceeds means the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including any legal fees and expenses and other selling expenses incurred in connection with such transaction. In the case of a transaction described in clause (C) of such definition, Net Sales Proceeds means the proceeds of any such transaction actually distributed to the Company from the Joint Venture less the amount of any selling expenses, including legal fees and expenses incurred by or on behalf of the Company (other than those paid by the Joint Venture). In the case of a transaction or series of transactions described in clause (D) of the definition of Sale, Net Sales Proceeds means the proceeds of any such transaction (including the aggregate of all payments under a Mortgage or in satisfaction thereof other than regularly scheduled interest payments) less the amount of selling expenses incurred by or on behalf of the Company, including all commissions, closing costs and legal fees and expenses. In the case of a transaction described in clause (E) of such definition, Net Sales Proceeds means the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including any legal fees and expenses and other selling expenses incurred in connection with such transaction. In the case of a transaction described in the last sentence of the definition of Sale, Net Sales Proceeds means the proceeds of such transaction or series of transactions less all amounts generated thereby which are reinvested in one or more Assets within 180 days thereafter and less the amount of any real estate commissions, closing costs, and legal fees and expenses and other selling expenses incurred by or allocated to the Company in connection with such transaction or series of transactions. Net Sales Proceeds shall also include any consideration (including non-cash consideration such as stock, notes, or other property or securities) that the Company determines, in its discretion, to be economically equivalent to proceeds of a Sale, valued in the reasonable determination of the Company. Net Sales Proceeds shall not include any reserves established by the Company in its sole discretion.

  • Gross Revenues All revenues, receipts, and income of any kind derived directly or indirectly by Lessee from or in connection with the Hotel (including rentals or other payments from tenants, lessees, licensees or concessionaires but not including their gross receipts) whether on a cash basis or credit, paid or collected, determined in accordance with generally accepted accounting principles, excluding, however: (i) funds furnished by Lessor, (ii) federal, state and municipal excise, sales, and use taxes collected directly from patrons and guests or as a part of the sales price of any goods, services or displays, such as gross receipts, admissions, cabaret or similar or equivalent taxes and paid over to federal, state or municipal governments, (iii) the amount of all credits, rebates or refunds to customers, guests or patrons, and all service charges, finance charges, interest and discounts attributable to charge accounts and credit cards, to the extent the same are paid to Lessee by its customers, guests or patrons, or to the extent the same are paid for by Lessee to, or charged to Lessee by, credit card companies, (iv) gratuities or service charges actually paid to employees, (v) proceeds of insurance and condemnation, (vi) proceeds from sales other than sales in the ordinary course of business, (vii) all loan proceeds from financing or refinancings of the Hotel or interests therein or components thereof, (viii) judgments and awards, except any portion thereof arising from normal business operations of the Hotel, and (ix) items constituting “allowances” under the Uniform System.

  • Gross Revenue The Gross Revenue shall be inclusive of installation charges, late fees, sale proceeds of handsets (or any other terminal equipment etc.), revenue on account of interest, dividend, value added services, supplementary services, access or interconnection charges, roaming charges, revenue from permissible sharing of infrastructure and any other miscellaneous revenue, without any set-off for related item of expense, etc.

  • Subordinated Share of Net Sales Proceeds The Subordinated Share of Net Sales Proceeds shall be payable to the Advisor in an amount equal to 10% of Net Sales Proceeds remaining after the Stockholders have received Distributions equal to the sum of the Stockholders’ 8% Return and 100% of Invested Capital. Following Listing, no Subordinated Share of Net Sales Proceeds will be paid to the Advisor.

  • Sale Proceeds The proceeds of sale of any new Series of Notes shall be wired to the Collection and Funding Account, and the Indenture Trustee shall disburse such sale proceeds at the direction of the Administrator on behalf of the Issuer, except to the extent such funds are needed to satisfy the Collateral Test. The Administrator on behalf of the Issuer may direct the Issuer to apply such proceeds to reduce pro rata based on Invested Amounts, the VFN Principal Balance of any Classes of Variable Funding Notes, or to redeem any Series of Notes in accordance with Section 13.1. In the absence of any such direction, the proceeds of such sale shall be distributed to the Depositor or at the Depositor’s direction on the Issuance Date for the newly issued Notes. The Administrator shall deliver to the Indenture Trustee a report demonstrating that the release of sale proceeds pursuant to the Issuer’s direction will not cause a failure of the Collateral Test, as a precondition to the Indenture Trustee releasing such proceeds.

  • Dispositions Convey, sell, lease, transfer or otherwise dispose of (collectively "Transfer"), or permit any of its Subsidiaries to Transfer, all or any part of its business or property, other than Transfers (i) of Inventory in the ordinary course of business; (ii) of non-exclusive licenses and similar arrangements for the use of the property of Borrower or its Subsidiaries in the ordinary course of business; or (iii) of worn-out or obsolete Equipment.

  • Proceeds of Dispositions; Expenses The Debtor shall pay to the Secured Party on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Secured Party in protecting, preserving or enforcing the Secured Party's rights and remedies under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale or other disposition of the Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as the Secured Party may determine, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Sections 9-608(a)(1)(C) or 9-615(a)(3) of the Uniform Commercial Code of the State, any excess shall be returned to the Debtor. In the absence of final payment and satisfaction in full of all of the Obligations, the Debtor shall remain liable for any deficiency.

  • Direct Sales The Manager will advise you promptly, on the Offering Date, as to the Securities purchased by you pursuant to the Underwriting Agreement that you will retain for direct sale. At any time prior to the termination of the applicable AAU, any such Securities that are held by the Manager for sale but not sold may, on your request and at the Manager’s discretion, be released to you for direct sale, and Securities so released to you will no longer be deemed held for sale by the Manager. You may allow, and Dealers may reallow, a discount on sales to Dealers in an amount not in excess of the Reallowance set forth in the applicable AAU. You may not purchase Securities from, or sell Securities to, any other Underwriter or Dealer at any discount or concession other than the Reallowance, except with the prior consent of the Manager.

  • Asset Sales The Parent Borrower will not, and will not permit any of the Subsidiaries to, sell, transfer, lease or otherwise dispose of any asset, including any Equity Interest owned by it, nor will the Parent Borrower permit any of the Subsidiaries to issue any additional Equity Interest in such Subsidiary, except: (a) sales of inventory, used or surplus equipment and Permitted Investments in the ordinary course of business; (b) sales, transfers and dispositions to the Parent Borrower or a Subsidiary, provided that any such sales, transfers or dispositions involving a Subsidiary that is not a Subsidiary Loan Party shall be made in compliance with Section 6.09; (c) sale and leaseback transactions permitted by Section 6.06; (d) sales, transfers and other dispositions of assets (other than Equity Interests in a Subsidiary) that are not permitted by any other clause of this Section, provided that the aggregate fair market value of all assets sold, transferred or otherwise disposed of in reliance upon this clause (c) shall not exceed $25,000,000 during any fiscal year of the Parent Borrower or $50,000,000 in the aggregate during the term of this Agreement; (e) licenses and sublicenses of intellectual property rights, granted in the ordinary course of business and not interfering individually or in the aggregate in any material respect with the conduct of the business of the Parent Borrower and the Subsidiaries; and (f) trade-ins, trade-ups and other similar exchanges of equipment of the Parent Borrower and the Subsidiaries for other equipment to be used in the business of the Parent Borrower and the Subsidiaries made in the ordinary course of business; provided that all sales, transfers, leases and other dispositions permitted hereby (other than those permitted by clause (b) above) shall be made for fair value and (other than those permitted by clause (b) or (f) above) for consideration at least 85% of which is cash.

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