Division of Proceeds. (a) With regard to any work or invention owned by the University and subject to the requirements of any applicable sponsored agreements, the net adjusted income shall be distributed as follows:
(1) Schedule A: Up to $500,000: 40% to the individual creator(s) 10% to the University program(s) 7.5% to the creator(s)’s department 7.5% to the creator(s)’s college 35% to the University
(2) Schedule B: $500,000 or over: 25% to the individual creator(s) 10% to the University program(s) 10% to the creator(s)’s department 10% to the creator(s)’s college 45% to the University
(3) Notwithstanding the above, all net adjusted income from the University sale or liquidation of equity or other ownership interests originally paid to the University by a licensee in lieu of cash royalties or license fees shall be distributed according to Schedule B. The decision as to when to sell, exchange or convert equity interests resides with the University in its sole discretion.
(4) The division of proceeds set forth in this Section 22.7(a) does not apply to any works or inventions that are the subject matter of any license agreement or other transaction entered into by the University or UFRF before July 15, 1997, and the proceeds in such cases shall continue to be distributed pursuant to the University of Florida Patent Policy dated February 1993 or any previous agreement entered into by the creator and the University.
(b) Distributions of income shall be made semiannually on or before June 1 and December 1 of each year.
(1) The University may, at its sole judgment, withhold or delay distribution of any income if there is a foreseeable development expense yet to be incurred.
(2) In instances where funds are held because of foreseeable development expenses or where expenses exceed revenue, an accounting of such shall be sent to the creator’s department and college indicating the amounts received for the current six-month period and the amount of the anticipated expense or deficit.
(3) Once expenses are known with certainty, any excess withholding shall be distributed.
(c) Payments of the portion allocated to the creator(s) must be made to creator(s) individually and cannot be assigned by the creator(s) to other parties or entities. The only exception shall be that after a creator’s death, appropriate notification by the personal representative of the creator’s estate, and court approval, if necessary, payment shall be made to the creator’s heirs or devisees.
(d) In the event there are ...
Division of Proceeds. From and after the date of execution of this Assignment (the "Closing Date"), all Hydrocarbons produced from the Properties on or after the Effective Time shall be owned by Assignee. In addition, subject to and in accordance with the terms and provisions of the Loan Agreement (and without in any way expanding or affecting the limited recourse of Assignor for the Indebtedness pursuant to Section 6.03 of the Loan Agreement) Assignor shall make to Assignee all payments due under the Loan Agreement through the Effective Time and the amount, if any, by which (i) 90% of the Net Operating Cash Flow (as defined in Loan Agreement) through the Effective Time but including all Net Operating Cash Flow resulting from the Hydrocarbons in tanks on the Effective Time, less (ii) cumulative Capital Expenses (as defined in the Loan Agreement) through the Effective Time, exceeds (iii) the sum of all Monthly Payment Amounts (as defined in the Loan Agreement) paid to Assignee pursuant to the terms of the Loan Agreement for all prior months.
Division of Proceeds. All net proceeds earned in connection with the Properties attributable to the period ending prior to January 1, 1998 shall be deemed to be owned by the Company. All proceeds earned in connection with the Properties attributable to the period beginning on January 1, 1998 shall be deemed to be owned by Flextrend.
Division of Proceeds. (a) With regard to any work or invention owned by the University and subject to the requirements of any applicable sponsored agreements, the net adjusted income shall be distributed as follows:
(1) Schedule A: Up to $500,000: 40% to the individual creator(s) 10% to the University program(s) 7.5% to the creator(s)’s department 7.5% to the creator(s)’s college 35% to the University
(2) Schedule B: $500,000 or over: 25% to the individual creator(s) 10% to the University program(s) 10% to the creator(s)’s department 10% to the creator(s)’s college 3646 3647 3648 3649 3650 3651 3652 3653 3654 3655 3656 3657 3658 3659 3660 3661 3662 3663 3664 3665 3666 3667 3668 3669 3670 3671 3672 3673 3674 3675 3676 3677 3678 3679 3680 3681 3682 3683 3684 3685 3686 3687 3688 3689 45% to the University
(3) Notwithstanding the above, all net adjusted income from the University sale or liquidation of equity or other ownership interests originally paid to the University by a licensee in lieu of cash royalties or license fees shall be distributed according to Schedule B. The decision as to when to sell, exchange or convert equity interests resides with the University in its sole discretion.
(4) The division of proceeds set forth in this Section 22.7(a) does not apply to any works or inventions that are the subject matter of any license agreement or other transaction entered into by the University or UFRF before July 15, 1997, and the proceeds in such cases shall continue to be distributed pursuant to the University of Florida Patent Policy dated February 1993 or any previous agreement entered into by the creator and the University.
(b) Distributions of income shall be made semiannually on or before June 1 and December 1 of each year.
(1) The University may, at its sole judgment, withhold or delay distribution of any income if there is a foreseeable development expense yet to be incurred.
(2) In instances where funds are held because of foreseeable development expenses or where expenses exceed revenue, an accounting of such shall be sent to the creator’s department and college indicating the amounts received for the current six-month period and the amount of the anticipated expense or deficit.
(3) Once expenses are known with certainty, any excess withholding shall be distributed.
(c) Payments of the portion allocated to the creator(s) must be made to creator(s) individually and cannot be assigned by the creator(s) to other parties or entities. The only exception shall be that after...
Division of Proceeds. No settlement, consent judgment or other voluntary final disposition of a suit under this Article XI may be entered into without the joint consent of PNU and NeoPharm, which consent shall not be withheld unreasonably. If NeoPharm brings an action, any damages or other monetary awards recovered by NeoPharm shall be applied first to defray the costs and expenses incurred in the action. If any balance remains, NeoPharm shall pay PNU *** of such balance. If NeoPharm fails to bring action and PNU brings action any damages or other monetary awards recovered by PNU shall be applied first to defray the costs and expenses incurred in the action. If any balance remains, PNU shall *** Confidential Treatment Requested 23 pay NeoPharm *** of such balance.
Division of Proceeds. Each Party shall promptly notify the other Owners and each Owner's respective Mortgagee when it becomes aware of any potential or threatened Taking of all or any part of any Lot and shall promptly deliver to the others copies of all notices received in connection therewith. H/C I Owner, Mall I Owner and SECC Owner shall each have the right to represent its respective interest in each proceeding or negotiation with respect to a Taking or intended Taking and to make full proof of its claims, and each Mortgagee of such Owner to the extent permitted under such Mortgagee's loan documents shall have the right to appear in and prosecute in its own or in such Owner's name any proceeding or negotiation with respect to such Taking or intended Taking. No agreement, settlement, sale, or transfer to or with the condemning authority with respect to any Taking or intended Taking the aggregate proceeds of which shall be in excess of $1,500,000 shall be made without the consent of H/C I Owner and Mall I Owner and their respective Mortgagees, which consent shall not be unreasonably withheld, conditioned or delayed; provided a Commercially Reasonable Owner of the Phase I Hotel/Casino or the Phase I Mall, as applicable, would so consent and same would not have a Material Adverse Effect on such property, Owner or Mortgagee. Notwithstanding anything to the contrary in this Section 5, the proceeds of any aggregate condemnation award (other than with respect to the SECC or the SECC Land) in excess of $1,500,000 shall be paid to the Trustee to be held and disbursed in accordance with the provisions of Section 12 of Article X. With respect to a Taking of all or any part of either the Mall I Space and/or the Phase I Mall or the H/C I Space and/or the Phase I Hotel/Casino, if the condemning authority does not, as part of the Taking proceeding, determine the amount of condemnation proceeds payable to H/C I Owner, and the amount of condemnation proceeds payable to Mall I Owner, but rather makes a determination only as to the aggregate amount of proceeds payable to H/C I Owner and Mall I Owner in connection with the Taking, each of H/C I Owner and Mall I Owner shall receive its appropriate equitable share of such proceeds, as reasonably agreed to by H/C I Owner and Mall I Owner. H/C I Owner and Mall I Owner shall, in all of their discussions and negotiations with the condemning authority, argue for the awarding of separate Taking proceeds payable to each in accordance with the foregoing...
Division of Proceeds. This agreement is a “Gross Receipts” Agreement. The term "gross receipts" shall be defined as all monies actually received by or credited to Distributor or any entity controlled by distributor from the sale or distribution of the Picture, without any deduction whatsoever. Licensor shall receive 25% of all home video markets and digital markets gross receipts for the Picture. Licensor shall further receive 75% of all Television markets gross receipts for the picture. Distributor agrees to incur all expenses associated with the promotion, manufacturing and release of the picture, for the territory and term granted herein. The amounts payable to the Licensor by the Distributor are solely the monetary obligations of a debtor to a creditor. The gross receipts from the Picture need not and will not be segregated but be treated in Distributor's ordinary course of business. Gross receipts shall nevertheless be accounted for separately and distinctly.
Division of Proceeds. (a) The proceeds of any sale, disposition or other realization by either Lender upon Collateral (which is subject to a Proper Collateral Interest) shall be distributed in the following order of priorities: First, to the Lenders in an amount equal to the unpaid amount of all Obligations as of the date of distribution; provided, however, if the proceeds are insufficient to discharge in full the then unpaid amount of the Obligations to both Lenders, then such proceeds shall be distributed Pro Rata to both Lenders, but subject to the limitations in Section 8 hereof; and Second, to whomever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct (including without limitation either Lender and/or the Borrower).
(b) The term “unpaid” as used in clause First in subsection 6(a) refers with respect to the Borrower:
Division of Proceeds. The proceeds of any sale, disposition or other realization by either Creditor upon the Collateral (or any portion thereof) will be distributed in the following order of priorities: First, to the Bank in an amount equal to all reasonable costs and expenses incurred by the Bank in connection with or incident to the custody, preservation, use or operation of, or the sale of, collection from, or other realization upon, any of the Collateral; Second, to the payment or prepayment of all Bank Obligations; and Third, to the payment or prepayment of all Subatis Obligations.
Division of Proceeds. (i) Unless altered by the conditions set forth in subsection (ii) of this Section 4(b), the gross proceeds (i.
