Common use of Foreign Receipts Clause in Contracts

Foreign Receipts. No sums received by TAG relating to the Picture shall be included in gross receipts hereunder unless and until such sums have been (i) received by TAG in U.S. dollars in the United States; or (ii) used by TAG for the production or acquisition of motion pictures or television films which can be lawfully removed from the country or territory involved, in which event they shall be included in gross receipts for the accounting period during which an amount (computed at the official or unofficial rate of exchange, as TAG may elect) equal to the amount expended for such production or acquisition, plus customary interest thereon, as herein provided, has been recouped by TAG (in excess of normal distribution fees and distribution expenses) from distribution thereof outside the country or territory involved; or (iii) used by TAG for acquisition of tangible personal property which can be and is lawfully exported from the country or territory involved, in which event the U.S. dollar equivalent of the currency utilized to acquire such property shall be included in gross receipts hereunder for the accounting period during which such property was so exported, such U.S. dollar equivalent to be computed at the official or unofficial rate of exchange, as TAG may elect, in effect on the date of export. TAG will, promptly after receipt of a written request from Participant (but not more frequently than annually), advise Participant in writing as to foreign revenues not included in gross receipts as aforesaid, and TAG shall, at the written request and expense of Participant (subject to any and all limitations, restrictions, laws, rules and regulations affecting such transactions), deposit into a bank designated by Participant in the country involved, or pay to any other party designated by Participant in such country, such part thereof as would have been payable to Participant hereunder. Such deposits or payments to or for Participant shall constitute due remittance to Participant, and TAG shall have no further interest therein or responsibility therefore. TAG makes no warranties or representations that any part of any such foreign currencies may be converted into U.S. dollars or transferred to the account of Participant in any foreign country. In no event shall TAG be obligated to apply gross receipts of any country not actually received by TAG in U.S. dollars in the United States to any deductible item referred to in 2 hereof incurred with respect to the Picture in any other country.

Foreign Receipts. No sums received by TAG relating to Distributor in respect of the Picture Funded Qualifying Project shall be included in gross receipts Gross Receipts or in Settlement Reports hereunder for the purpose of determining Issuer’s share payable to Issuer, unless and until such sums have been (i) received by TAG are freely remittable to Distributor in U.S. dollars in the United States; , or (ii) used by TAG for the production or acquisition of motion pictures or television films which can be lawfully removed Distributor. Sums derived from the country or territory involved, in which event they shall be included in gross receipts for the accounting period during which an amount (computed at the official or unofficial rate of exchange, as TAG may elect) equal to the amount expended for such production or acquisition, plus customary interest thereon, as herein provided, has been recouped by TAG (in excess of normal distribution fees and distribution expenses) from distribution thereof territories outside the country or territory involved; or (iii) used by TAG for acquisition of tangible personal property which can be and is lawfully exported from the country or territory involved, in which event the U.S. dollar equivalent of the United States which are not remittable to Distributor in the United States in U.S. dollars by reason of currency utilized to acquire such property shall or other restrictions may be included in gross receipts reflected on statements rendered hereunder for the accounting period during which such property was so exported, such U.S. dollar equivalent to be computed at the official or unofficial rate of exchange, as TAG may elect, in effect on the date of export. TAG will, promptly after receipt of a written request from Participant (but not more frequently than annually), advise Participant in writing as to foreign revenues not included in gross receipts as aforesaidinformational purposes only, and TAG Distributor shall, at the written request and expense of Participant Issuer (subject to any and all limitations, restrictions, laws, rules rules, and regulations affecting such transactions), deposit into a bank designated by Participant Issuer in the country involved, or pay to any other party designated by Participant Issuer in such countryterritory, such part thereof thereof, if any, as would have been payable to Participant Issuer hereunder. Such deposits or payments to or for Participant Issuer shall constitute due remittance to ParticipantIssuer, and TAG Distributor shall have no further interest therein or responsibility thereforetherefor. TAG Distributor makes no warranties or representations that any part of any such foreign currencies may be converted into U.S. dollars or transferred to the account of Participant Issuer in any foreign country. In no event Costs incurred in a territory during a period when all receipts are blocked shall TAG be obligated charged only against blocked receipts from such territory. Costs incurred in a territory during a period when part of the receipts is blocked and part is remittable to apply gross receipts of any country not actually received by TAG in U.S. dollars in the United States shall be charged proportionately against the blocked and dollar receipts from said territory. However, if costs charged against blocked receipts, in either of the foregoing instances, have not been recovered therefrom within ***** after such costs were incurred, the deficit shall be computed in dollars at the official rate or such rate of exchange as may be announced from time to any deductible item referred to in 2 hereof incurred with respect to the Picture in any other countrytime by Bank of America, as Distributor may elect.

Foreign Receipts. No sums received by TAG relating to Columbia in respect of the Picture shall be included in gross receipts Gross Receipts or in statements hereunder for the purpose of determining any amount payable to Participant, unless and until such sums have been (i) received by TAG are freely remittable to Columbia in U.S. dollars in the United States; , or (ii) used by TAG for Columbia. Sums derived from territories outside of the production United States which are not remittable to Columbia in the United States in U.S. dollars by reason of currency or acquisition of motion pictures or television films which can be lawfully removed from the country or territory involved, in which event they other restrictions shall be included in gross receipts for the accounting period during which an amount (computed at the official or unofficial rate of exchange, as TAG may elect) equal to the amount expended for such production or acquisition, plus customary interest thereon, as herein provided, has been recouped by TAG (in excess of normal distribution fees and distribution expenses) from distribution thereof outside the country or territory involved; or (iii) used by TAG for acquisition of tangible personal property which can be and is lawfully exported from the country or territory involved, in which event the U.S. dollar equivalent of the currency utilized to acquire such property shall be included in gross receipts reflected on statements rendered hereunder for the accounting period during which such property was so exported, such U.S. dollar equivalent to be computed at the official or unofficial rate of exchange, as TAG may elect, in effect on the date of export. TAG will, promptly after receipt of a written request from Participant (but not more frequently than annually), advise Participant in writing as to foreign revenues not included in gross receipts as aforesaidinformational purposes only, and TAG Columbia shall, at the written request and expense of Participant (subject to any and all limitations, restrictions, laws, rules rules, and regulations affecting such transactions), deposit into a bank designated by Participant in the country involved, or pay to any other party designated by Participant in such countryterritory, such part thereof thereof, if any, as would have been payable to Participant hereunder. Such deposits or payments to or for Participant shall constitute due remittance to Participant, and TAG Columbia shall have no further interest therein or responsibility thereforetherefor. TAG Columbia makes no warranties or representations that any part of any such foreign currencies may be converted into U.S. dollars or transferred to the account of Participant in any foreign country. In no event Costs incurred in a territory during a period when all receipts are blocked shall TAG be obligated charged only against blocked receipts from such territory. Costs incurred in a territory during a period when part of the receipts is blocked and part is remittable to apply gross receipts of any country not actually received by TAG in U.S. dollars in the United States shall be charged proportionately against the blocked and dollar receipts from said territory. However, if costs charged against blocked receipts, in either of the foregoing instances, have not been recovered therefrom within twelve (12) months after such costs were incurred, the deficit shall be computed in dollars at the official rate or such rate of exchange as may be announced from time to any deductible item referred to time by Citibank at its home office, as Columbia may elect. Gross Receipts received in 2 hereof incurred with respect foreign currencies shall be deemed converted into U.S. Dollars at the closing "spot" rate for such currency as published in the Wall Street Journal as of the last day of the accounting period in which such funds are first freely remittable to the Picture United States in any other countryU.S. Dollars.

Foreign Receipts. No sums received by TAG relating to Producer in respect of the Picture shall be included in gross receipts statements hereunder unless and until such sums have been (i) received by TAG Producer in U.S. dollars in the United States; States or (ii) used by TAG for the production or acquisition of motion pictures or television films which can Producer. In no event shall Producer be lawfully removed from the country or territory involved, in which event they shall be included in obligated to apply gross receipts for not actually received by Producer in U.S. dollars in the accounting period during which an amount (computed at the official or unofficial rate of exchange, as TAG may elect) equal United States to the amount expended for such production or acquisition, plus customary interest thereon, as herein provided, has been recouped by TAG (in excess recoupment of normal distribution fees and distribution expenses) from distribution thereof outside the country or territory involved; or (iii) used by TAG for acquisition of tangible personal property which can be and is lawfully exported from the country or territory involved, in which event the U.S. dollar equivalent any part of the currency utilized cost of production of the Picture or to acquire such property shall be included interest payable hereunder, or to the recoupment of any other expenditures which were incurred in gross receipts hereunder for the accounting period during which such property was so exported, such U.S. dollar equivalent to be computed at the official or unofficial rate of exchange, as TAG may elect, in effect on the date of exportdollars. TAG will, promptly after receipt of a written request from Participant (but not more frequently than annually), advise Participant in writing as As to foreign revenues not included in gross receipts statements as aforesaid, and TAG Producer shall, at the written request and expense of Participant (subject to any and all limitations, restrictions, laws, rules and regulations affecting such transactions), deposit into a bank designated by Participant in the country involved, or pay to any other party designated by Participant in such country, such part thereof as would have been payable to Participant hereunder. Such deposits or payments to or for Participant shall constitute due remittance to Participant, Participant and TAG Producer shall have no further interest therein or responsibility thereforetherefor. TAG Producer makes no warranties or representations that any part of any such foreign currencies may be converted into U.S. dollars or transferred to the account of Participant in any foreign country. In no event Costs incurred in a territory during a period when all receipts are blocked, shall TAG be obligated charged against blocked receipts from such territory, and none of such costs shall be recovered from dollars receipts. Costs incurred in a territory during a period when part of the receipts is blocked and part is remittable to apply gross receipts of any country not actually received by TAG in U.S. dollars in the United States to any deductible item referred to shall be charged proportionately against the blocked and dollar receipts from said territory. However, if costs charged against blocked receipts, in 2 hereof incurred with respect to either of the foregoing instances, have not been recovered therefrom within twelve (12) months after the Picture is first released in any other countrythe territory, the deficit shall be computed in dollars at the official rate of exchange in effect at the end of such twelve (12) month period and recovered by Producer from dollars receipts, irrespective of source.

Foreign Receipts. No sums Sums received by TAG relating Distributor which relate to the a ---------------- Declared Qualifying Picture shall not be included in gross receipts Gross Receipts hereunder unless and until such sums have been sums: (i) have been received by TAG Distributor in U.S. dollars in the United States; or (ii) used by TAG for the production or acquisition of motion pictures or television films which can be lawfully removed from the country or territory involved, in which event they shall be included in gross receipts for the accounting period during which an amount (computed at the official or unofficial rate of exchange, as TAG may elect) equal are freely remittable to the amount expended for such production or acquisition, plus customary interest thereon, as herein provided, has been recouped by TAG (in excess of normal distribution fees and distribution expenses) from distribution thereof outside the country or territory involvedUnited States; or (iii) are used by TAG Distributor for acquisition of tangible personal property which can be and is lawfully exported from any purpose in the country or territory involved. In the event, in which event the U.S. dollar equivalent of the currency utilized to acquire such property in a territory shall be included in gross receipts Gross Receipts hereunder for the accounting period during which such property was Gross Receipts became freely transmittable or were so exportedutilized (as applicable), such U.S. dollar equivalent to be computed at the then-prevailing official or unofficial rate of exchange, as TAG Distributor may elect, in effect on elect to use consistent with the date of exportrates used for Distributor's own motion pictures at the applicable time. TAG Distributor will, promptly after receipt of a written request from Participant the Borrower or the Administrative Agent (but not more frequently than semi-annually), advise Participant the Borrower and the Administrative Agent in writing as to foreign revenues not included in gross receipts Gross Receipts, as aforesaid, and TAG Distributor shall, at the written request and expense of Participant the Borrower or the Administrative Agent (subject to any and all limitations, restrictions, laws, rules and regulations affecting such transactions), deposit into an account with a bank designated by Participant in the country involved, or pay to any other party designated by Participant in such countryAdministrative Agent, such part thereof as would have been payable to Participant the Borrower hereunder. Such deposits or payments to or for Participant the Borrower shall constitute due remittance to Participantthe Borrower, and TAG Distributor shall have no further interest therein or responsibility thereforetherefor. TAG At the Administrative Agent's written request, Distributor will uses its best efforts to convert such deposits or payments into US. dollars to the same extent and in the same proportion that Distributor is able to convert is own blocked currencies in the country or countries involved at the relevant times. Distributor makes no representations or warranties or representations that any part of any such foreign currencies may be converted into U.S. dollars or transferred to the account of Participant the Administrative Agent in any foreign country. In no event shall TAG be obligated to apply gross receipts of any country not actually received by TAG in U.S. dollars in the United States to any deductible item referred to in 2 hereof incurred with respect to the Picture in any other country.