Excess Profit Clause Samples

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Excess Profit. For contracted operation of a community corrections facility (CCF) for which a vendor budget has been approved with a stated profit (or excess revenue over expenditures for non-profit entities), VENDOR agrees to refund to DEPARTMENT sixty (60) days after the contract term any excess profit above the approved profit amount.
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Excess Profit. If County shall make any assignment or sublease, with ▇▇▇▇▇▇’s consent, for a rental in excess of the rent payable under this Lease, Lessor shall not be entitled to any of such excess which shall be held by County.
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Excess Profit. (a) The end value is [£ ] (“End Value”) this being the estimated sale value of the Fixed Asset at the date of practical completion based on the assumption that the Fixed Asset is sold on the open market: (i) with a good and marketable title; (ii) free from all charges and other encumbrances over the land; and (iii) with the benefit of any subsisting leases and includes an uplift of [ ]% which represents the expected profit. (b) On the Calculation Date, any Excess Profit shall become payable. (c) The Excess Profit shall be calculated using the formula: 50% x (P + MV) – (EV + V) Where:
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Excess Profit. (a) The end value is [£ ] (“End Value”) this being the estimated sale value of the Fixed Asset at the date of practical completion based on the assumption that the Fixed Asset is sold on the open market: with a good and marketable title; free from all charges and other encumbrances over the land; and with the benefit of any subsisting leases‌ and includes an uplift of [ ]% which represents the expected profit. (b) On the Calculation Date, any Excess Profit shall become payable. (c) The Excess Profit shall be calculated using the formula: 50% x ((P + MV) – (EV + V))‌ Where:
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Excess Profit. If COUNTY shall make any assignment or sublease, with ▇▇▇▇▇▇’s consent, for a rental in excess of the rent payable under this Lease, LESSOR shall not be entitled to any of such excess which shall be held by COUNTY.”
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Excess Profit. Fifty percent (50%) of all cash or other consideration received by Tenant (after deduction of Tenant’s reasonable marketing, remodeling, broker and attorney’s fees, costs and expenses, tenant improvements or other reasonable market standard concessions granted in connection with such assignment or subletting) as the proceeds of any sublease of Tenant’s interest in this Lease and/or the Premises, whether consented to by Landlord or not, shall be paid to Landlord, notwithstanding the fact that such proceeds shall only be due if the amount the Premises are subleased for exceed the Rent due hereunder, unless ▇▇▇▇▇▇▇▇ agrees to the contrary in writing in its sole and absolute discretion, and Tenant hereby assigns all rights it might have or ever acquire in said 50% of such proceeds to Landlord. This covenant and assignment shall benefit Landlord and its successors in ownership of the Building and shall bind Tenant and Tenant’s members, managers, agents, representatives,· successors and assigns. Any assignee, sublessee or purchaser of Tenant’s interest in this Lease, by occupying the Premises and/or assuming Tenant’s obligations hereunder, shall be deemed to have assumed liability to Landlord for all amounts paid to persons other than Landlord in consideration of any such sale, assignment or subletting, in violation of the provisions hereof.
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Excess Profit a profit generated in excess of the permitted profit; the calculation method is defined in the Guideline for the Project Promoters and Partners.
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Excess Profit. If County shall make any assignment or sublease, with Lessor’s consent, for a rental in excess of the rent payable under this Lease, Lessor shall be entitled to Fifty Percent (50%) of any such excess, which shall be paid to Lessor by County as received.
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Related to Excess Profit

  • Excess Payments If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt.

  • Excess Cash Flow In the event that there shall be Excess Cash Flow in excess of $2,500,000 for any Fiscal Year, the Borrower shall, not later than the tenth Business Day following the date that is ninety days after the end of such Fiscal Year, prepay the Loans in an aggregate amount equal to 50% (provided that (i) such prepayment percentage shall be 25% if, as of the last day of the most recently ended Fiscal Year, the Senior Secured Net Leverage Ratio (determined for any such period by reference to the Compliance Certificate delivered pursuant to Section 5.1(c) calculating the Senior Secured Net Leverage Ratio as of the last day of such Fiscal Year) shall be 1.80:1.00 or less and (ii) no such prepayment shall be required by this clause (e) if the foregoing Senior Secured Net Leverage Ratio as of the last day of such Fiscal Year shall be 1.30:1.00 or less) of the entire Excess Cash Flow for such Fiscal Year minus 100% of voluntary repayments of the Loans made during such Fiscal Year with Internally Generated Cash; provided, that, if at the time that any such prepayment would be required, the Borrower is required to repay or repurchase or to offer to repurchase or repay Senior Secured Debt permitted pursuant to Section 6.1 pursuant to the terms of the documentation governing such Indebtedness with all or a portion of such Excess Cash Flow (such Senior Secured Debt required to be repaid or repurchased or to be offered to be so repaid or repurchased, “Other Applicable ECF Indebtedness”), then the Borrower may apply such Excess Cash Flow on a pro rata basis to the prepayment of the Loans and to the repayment or re-purchase of Other Applicable ECF Indebtedness, and the amount of prepayment of the Loans that would have otherwise been required pursuant to this Section 2.10(e) shall be reduced accordingly (for purposes of this proviso pro rata basis shall be determined on the basis of the aggregate outstanding principal amount of the Loans and Other Applicable ECF Indebtedness at such time, with it being agreed that the portion of Excess Cash Flow allocated to the Other Applicable ECF Indebtedness shall not exceed the amount of such Excess Cash Flow required to be allocated to the Other Applicable ECF Indebtedness pursuant to the terms thereof, and the remaining amount, if any, of such net proceeds shall be allocated to the Loans in accordance with the terms hereof); provided further, that to the extent the holders of Other Applicable ECF Indebtedness decline to have such indebtedness repurchased or prepaid, the declined amount shall promptly (and in any event within ten Business Days after the date of such rejection) be applied to prepay the Loans in accordance with the terms hereof.

  • Excess Sales If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s Original Underwriting Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will not be attributed to such Underwriter, and such Underwriter will be regarded as having acted only as a Dealer with respect to, and will receive only the concession to Dealers on, such excess.

  • Annual Percentage Rate Each Receivable has an APR of not more than 25.00%.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.