Common use of Failure to Deliver to Distributors Clause in Contracts

Failure to Deliver to Distributors. 6.5.1 Except if the Film is Abandoned, if there is a failure to Delivery to Sales Agent (either as acknowledged in writing by Completion Guarantor or as determined according to an Arbitration), then, subject to the terms, conditions, exclusions, and limitations hereof, Completion Guarantor shall pay Beneficiary an amount equal the difference between the (a) sum of the (i) Obligations of Beneficiary then outstanding, (ii) Charges of Beneficiary then outstanding, (iii) Interest of Beneficiary then outstanding on each of the foregoing until the date of Completion Guarantor’s payment of the foregoing amount in full, and (iv) Arbitration Costs or Attorneys’ Fees and Costs, as the case may be, which Completion Guarantor owes to Beneficiary, if any; and (b) sum of the amount of each Minimum Guarantee, if any, remaining payable by a Distributor (other than Sales Agent) according to the terms of any Distributor Assignment. 6.5.2 Except if the Film is Abandoned, if there is a failure to Deliver to any Distributor (other than Sales Agent), either as acknowledged in writing by Completion Guarantor or as determined according to an Arbitration, then, subject to the terms, conditions, exclusions, and limitations hereof, Completion Guarantor shall pay Beneficiary an amount equal to the sum of the (a) Minimum Guarantee, if any, payable by a Distributor (other than Sales Agent) according to the terms of the Distributor Assignment exclusive of the Presale Deposits, if any, included therein that are refunded to such Distributor by Completion Guarantor, (b) applicable Interest on the foregoing from the applicable Delivery Date until the date of Completion Guarantor’s payment of the foregoing amount in full, and (c) Arbitration Costs or Attorneys’ Fees and Costs, as the case may be, which Completion Guarantor owes to Beneficiary if any.

Failure to Deliver to Distributors. 6.5.1 Except if the Film is in Abandoned, if there is a failure to Delivery to Sales Agent (either as acknowledged in writing by Completion Guarantor or as determined according pursuant to an Arbitration), then, subject to the terms, conditions, exclusions, exclusions and limitations hereof, Completion Guarantor shall pay Beneficiary an amount equal the difference between the (a) sum of the (i) Obligations of Beneficiary then outstanding, (ii) Charges of Beneficiary then outstanding, (iii) Interest of Beneficiary then outstanding on each of the foregoing until the date of Completion Guarantor’s payment of the foregoing amount in full, and (iv) Arbitration Costs or Attorneys’ Fees and Costs, as the case may be, which Completion Guarantor owes to Beneficiary, if any; and (b) sum of the amount of each Minimum Guarantee, if any, remaining payable by a Distributor (other than Sales Agent) according pursuant to the terms of any pertinent Distributor Assignment. 6.5.2 Except if the Film is Abandoned, if there is a failure to Deliver to any Distributor (other than Sales Agent), either as acknowledged in writing by Completion Guarantor or as determined according pursuant to an Arbitration, then, subject to the terms, conditions, exclusions, exclusions and limitations hereof, Completion Guarantor shall pay Beneficiary an amount equal to the sum of the (a) Minimum Guarantee, if any, payable by a Distributor (other than Sales Agent) according pursuant to the terms of the pertinent Distributor Assignment exclusive of the Presale Deposits, if any, included therein that are refunded to such Distributor by Completion Guarantor, (b) applicable Interest on the foregoing from the applicable Delivery Date until the date of Completion Guarantor’s payment of the foregoing amount in full, and (c) Arbitration Costs or Attorneys’ Fees and Costs, as the case may be, which Completion Guarantor owes to Beneficiary if any.,

Failure to Deliver to Distributors. 6.5.1 Except if the Film is in Abandoned, if there is a failure to Delivery to Sales Agent (either as acknowledged in writing by Completion Guarantor or as determined according to an Arbitration), then, subject to the terms, conditions, exclusions, and limitations hereof, Completion Guarantor shall pay Beneficiary an amount equal the difference between the (a) sum of the (i) Obligations of Beneficiary then outstanding, (ii) Charges of Beneficiary then outstanding, (iii) Interest of Beneficiary then outstanding on each of the foregoing until the date of Completion Guarantor’s payment of the foregoing amount in full, and (iv) Arbitration Costs or Attorneys’ Fees and Costs, as the case may be, which Completion Guarantor owes to Beneficiary, if any; and (b) sum of the amount of each Minimum Guarantee, if any, remaining payable by a Distributor (other than Sales Agent) according to the terms of any Distributor Assignment. 6.5.2 Except if the Film is Abandoned, if there is a failure to Deliver to any Distributor (other than Sales Agent), either as acknowledged in writing by Completion Guarantor or as determined according to an Arbitration, then, subject to the terms, conditions, exclusions, exclusions and limitations hereof, Completion Guarantor shall pay Beneficiary an amount equal to the sum of the (a) Minimum Guarantee, if any, payable by a Distributor (other than Sales Agent) according to the terms of the Distributor Assignment exclusive of the Presale Deposits, if any, included therein that are refunded to such Distributor by Completion Guarantor, (b) applicable Interest on the foregoing from the applicable Delivery Date until the date of Completion Guarantor’s payment of the foregoing amount in full, and (c) Arbitration Costs or Attorneys’ Fees and Costs, as the case may be, which Completion Guarantor owes to Beneficiary if any.

Failure to Deliver to Distributors. 6.5.1 Except if the Film is in Abandoned, if there is a failure to Delivery to Sales Agent (either as acknowledged in writing by Completion Guarantor or as determined according pursuant to an Arbitration), then, subject to the terms, conditions, exclusions, exclusions and limitations hereof, Completion Guarantor shall pay Beneficiary an amount equal the difference between the (a) sum of the (i) Obligations of Beneficiary then outstanding, (ii) Charges of Beneficiary then outstanding, (iii) Interest of Beneficiary then outstanding on each of the foregoing until the date of Completion Guarantor’s payment of the foregoing amount in full, and (iv) Arbitration Costs or Attorneys’ Fees and Costs, as the case may be, which Completion Guarantor owes to Beneficiary, if any; and (b) sum of the amount of each Minimum Guarantee, if any, remaining payable by a Distributor (other than Sales Agent) according pursuant to the terms of any Distributor Assignment. 6.5.2 Except if the Film is Abandoned, if there is a failure to Deliver to any Distributor (other than Sales Agent), either as acknowledged in writing by Completion Guarantor or as determined according pursuant to an Arbitration, then, subject to the terms, conditions, exclusions, exclusions and limitations hereof, Completion Guarantor shall pay Beneficiary an amount equal to the sum of the (a) Minimum Guarantee, if any, payable by a Distributor (other than Sales Agent) according pursuant to the terms of the any Distributor Assignment exclusive of the Presale Deposits, if any, included therein that are refunded to such Distributor by Completion Guarantor, (b) applicable Interest on the foregoing from the applicable Delivery Date until the date of Completion Guarantor’s payment of the foregoing amount in full, and (c) Arbitration Costs or Attorneys’ Fees and Costs, as the case may be, which Completion Guarantor owes to Beneficiary Beneficiary, if any.

Failure to Deliver to Distributors. 6.5.1 Except if the Film is Abandoned, if there is a failure to Delivery to Sales Agent (either as acknowledged in writing by Completion Guarantor or as determined according to an Arbitration), then, subject to the terms, conditions, exclusions, and limitations hereof, Completion Guarantor shall pay Beneficiary an amount equal the difference between the (a) sum of the (i) Obligations of Beneficiary then outstanding, (ii) Charges of Beneficiary then outstanding, (iii) Interest of Beneficiary then outstanding on each of the foregoing until the date of Completion Guarantor’s payment of the foregoing amount in full, and (iv) Arbitration Costs or Attorneys’ Fees and Costs, as the case may be, which Completion Guarantor owes to Beneficiary, if any; and (b) sum of the amount of each Minimum Guarantee, if any, remaining payable by a Distributor (other than Sales Agent) according to the terms of any Distributor Assignment. 6.5.2 Except if the Film is Abandoned, if there is a failure to Deliver to any Distributor (other than Sales Agent), either as acknowledged in writing by Completion Guarantor or as determined according to an Arbitration, then, subject to the terms, conditions, exclusions, exclusions and limitations hereof, Completion Guarantor shall pay Beneficiary an amount equal to the sum of the (a) Minimum Guarantee, if any, payable by a Distributor (other than Sales Agent) according to the terms of the Distributor Assignment exclusive of the Presale Deposits, if any, included therein that are refunded to such Distributor by Completion Guarantor, (b) applicable Interest on the foregoing from the applicable Delivery Date until the date of Completion Guarantor’s payment of the foregoing amount in full, and (c) Arbitration Costs or Attorneys’ Fees and Costs, as the case may be, which Completion Guarantor owes to Beneficiary if any.