Excess Profits Sample Clauses

Excess Profits. Seller agrees that if this order is or becomes subject to 10 U.S.C. 2382 and 10 U.S.C. 7300, as amended and extended, this contract shall be deemed to contain all of the agreements required by those sections; provided, however, that this paragraph shall not be construed to enlarge or extend by contract the obligations imposed by those sections. Seller further agrees to insert the provision of this paragraph in all subcontracts or purchase orders placed by Seller hereunder.
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Excess Profits. In the event that Landlord consents to any assignment or subletting, then as a condition thereto, Tenant will pay to Landlord fifty percent (50%) of all profit derived by Tenant from such assignment or subletting, net of all reasonable expenses in connection with such assignment or subletting (including, without limitation, leasehold improvements, brokerage commissions, marketing costs, legal fees, free rent and the like), provided that, for the avoidance of doubt, no such amounts shall be payable by Tenant to Landlord in connection with any Permitted Transfer. If a part of the consideration for such assignment or subletting will be payable other than in cash, the payment to Landlord will be in cash for its share of any non-cash consideration based upon the fair market value thereof. Tenant will pay to Landlord the portion of the profit, as aforesaid, within thirty (30) days after, the effective date of the subject assignment or the end of the term of the subject sublease (as applicable), and after Tenant has first recovered all such reasonable expenses and all Rent that Tenant is obligated hereunder to pay to Landlord with respect to the portion of the Premises which are the subject of such assignment or subletting.
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Excess Profits. The GOL and the Company have reached an agreement regarding the allocation of “excess profits” of the Company, as set forth in Schedule 4.
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Excess Profits. (a) If the Merger Agreement is terminated and a Termination Fee is paid or payable to Grantee, then the Principal Stockholders hereby agree to pay to Grantee an amount (the "Excess Profits") equal to fifty percent (50%) of the product of (i) the amount, if any, by which the Net Proceeds (as defined below) per Share from any sale, transfer or other disposition of their Shares that is either (x) received within six (6) months of the Termination Date, other than from dispositions of Shares not relating to an Acquisition Proposal, or (y) received at any time following the Termination Date pursuant to a written agreement solely with respect to an Acquisition Proposal entered into within six (6) months following the Termination Date (either (x) or (y), a "Non-Merger Sale") exceeds $12.50 per Share provided that no Excess Profits shall be paid or payable in respect of any Net Proceeds in
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Excess Profits. Excess Profits has the meaning set forth in 3.01(d).
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Excess Profits. In the event that Tenant sublets or assigns this Lease, Tenant shall pay to Landlord as Additional Rent an amount equal to fifty percent (50%) of any Increased Rent (as defined below) when and as such Increased Rent is received by Tenant. As used in this Paragraph 25(b), “Increased Rent” shall mean the excess of (i) all rent and other consideration that Tenant receives by reason of any sublease of the Premises (or any part thereof) or any assignment of the Lease, over (ii) the Rent otherwise payable by Tenant under this Lease at such time; provided, however, Tenant shall be entitled to deduct from such excess rental paid to Tenant prior to such payment to Landlord the following costs incurred by Tenant in securing such assignment or sublease: customary brokerage fees, reasonable advertising costs, reasonable legal fees and expenses, other economic concessions granted to such assignee or subtenant; and expenses for any improvements to be constructed in such assigned or sublease space.
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Related to Excess Profits

  • 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.

  • BUSINESS PROFITS 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment. 3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the permanent establishment, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere. 4. Insofar as it has been customary in a Contracting State to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article. 5. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 6. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 7. Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article.

  • 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.

  • 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.

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