Future Revenue Sample Clauses

The Future Revenue clause defines how income generated after the execution of an agreement will be treated or allocated between the parties. Typically, this clause specifies whether and how future earnings—such as sales, royalties, or licensing fees—are to be shared, distributed, or otherwise handled, often outlining the calculation methods and timelines for such distributions. Its core practical function is to ensure clarity and prevent disputes by establishing clear expectations regarding the handling of revenues that arise after the contract is in effect.
Future Revenue. The parties agree that if any future revenue --------------- generating opportunities not described above are created in connection with the Talk City general service or the Talk City Local Sites, the parties will negotiate in good faith regarding what revenue sharing arrangements between the parties would be appropriate, provided that, unless such opportunities involve characteristics which would make them materially different from the opportunities described above, it is the intent of the parties to share such revenues in a mutually agreed upon manner.
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Future Revenue. The parties agree that if any future revenue generating opportunities not described above are created in connection with the CIM Talk City Areas, the parties will negotiate in good faith regarding appropriate revenue sharing arrangements between the parties; provided, however, that unless such opportunities involve characteristics which would make them materially different from the opportunities described above, the parties intend to share such revenues in a manner mutually agreed to represent an equitable distribution between LWP and CIM. It is specifically understood that LWP will not share revenue from its Corporate Services or User Premium add-ons, unless otherwise agreed to on a case-by-case basis.
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Future Revenue. 35.1. Within 30 days of the end of Fiscal Year 1999, Buyer shall submit to Seller a notice (the "Revenue Notice") setting forth the 1999 Total Revenue. If the 1999 Total Revenue is less than $44.1 million, the Revenue Notice shall also set forth the shortfall (the "1999 Shortfall") and, with reasonable specificity, the reasons for the decrease in revenue and the dollar amount associated with each such reason. Subject to the provisions of Section 35.2, within 30 days of receipt of the Revenue Notice, Seller will pay to Buyer the following amount of any 1999 Shortfall ("Seller's Payment Obligation"): (a) the amount of the 1999 Shortfall resulting solely from a reduction in the revenue associated with the business of Equistar and its Affiliates ("Equistar") at the Purchased Assets, it being understood that (i) for purposes of determining Equistar's Affiliates, it shall be only those Affiliates as of December 31, 1998 and (ii) for purposes of calculating Equistar's calendar year 1998 revenues, only those contracts in effect during December 1998 shall be used; plus (b) the amount, if any, by which the 1999 Shortfall exceeds $4.4 million, provided that in no event shall Seller's Payment Obligation under this Article 35 exceed $4.4 million and, provided further that Seller will not have any obligation to pay Buyer any amount of the 1999 Shortfall that results from (i) Buyer's failure to use its reasonable Sale of Assets Agreement - GulfCoast Terminals 50 51 commercial efforts to enter into contracts with customers on reasonable commercial terms, (ii) Buyer's failure to offer contracts to Equistar on terms and conditions no less favorable to Equistar than Seller's most recent contracts with Equistar, having due regard to changes in market conditions, (iii) Buyer's implementation of API 653 or other non-routine maintenance, repair or construction activities, or (iv) acts of God, war, acts of war, revolution, civil commotion, riots, fire, explosion, labor dispute, breakdown of equipment or facilities, casualty or accident, earthquake, epidemic, flood, cyclone, tornado, hurricane, contingencies interfering with production or with customary means of transportation of raw materials or products, or by reason of any law, order, proclamation, regulation ordinance, demand, requisition or requirement or any other act of any governmental authority, local state or federal, including court orders, judgments or decrees or any other cause similar to those enumerated above. 35.2....
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Future Revenue. The parties agree that if any future revenue -------------- generating opportunities not described above are created in connection with the Talk City Service or the Co-Branded Areas, the parties will negotiate in good faith regarding what revenue sharing arrangements * Certain information on this page has been omitted and filed with the Commission. Confidental treatment has been requested with respect to the omitted portions. between the parties would be appropriate provided that, unless such -------- opportunities involve characteristics which would make them materially different from the opportunities described above, it is the intent of the parties to share such revenues in a manner similar to that described above. No revenue sharing arrangements between the parties with respect to any such revenue generating opportunities will not be binding upon the parties except as set forth in a Scope of Work.
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Related to Future Revenue

  • Minimum Revenue Borrower and its Subsidiaries shall have Revenue from sales, marketing or distribution of the Product and related services (for each respective measured period, the “Minimum Required Revenue”): (a) during the twenty-four month period beginning on January 1, 2015, of at least $45,000,000; (b) during the twenty-four month period beginning on January 1, 2016, of at least $80,000,000; (c) during the twenty-four month period beginning on January 1, 2017, of at least $110,000,000; and (d) during the twenty-four month period beginning on January 1, 2018, of at least $120,000,000; and (e) during the twenty-four month period beginning on January 1, 2019, of at least $120,000,000.

  • Gross Revenue The Gross Revenue shall be inclusive of installation charges, late fees, sale proceeds of handsets (or any other terminal equipment etc.), revenue on account of interest, dividend, value added services, supplementary services, access or interconnection charges, roaming charges, revenue from permissible sharing of infrastructure and any other miscellaneous revenue, without any set-off for related item of expense, etc.

  • EBITDA The term “EBITDA” shall mean, with respect to any fiscal period, “Consolidated EBITDA” as defined in the Credit Agreement, provided that the following should also be excluded from the calculation of EBITDA to the extent not already excluded from the calculation of Consolidated EBITDA under the Credit Agreement: (i) Non-Cash Charges (as defined in the Credit Agreement) related to any issuances of equity securities; (ii) fees and expenses relating to the Acquisition; (iii) financing fees (both cash and non-cash) relating to the Acquisition; (iv) covenant-not-to-compete payments to certain members of the Company’s senior management and related expenses; (v) expenses (or any portion thereof) incurred outside of the ordinary course of business that are approved by the Board which the Board determines in its good faith discretion are in the best interest of the Company but which will have a disproportionately adverse impact on the Company’s short term financial performance, affecting the Company’s ability to achieve financial targets related to the vesting of the Class C Units under the Incentive Unit Subscription Agreements or the Company’s annual bonus plan; (vi) costs and expenses incurred in connection with evaluating and consummating acquisitions not contemplated by the Company’s annual plan, as such plan is approved by the Board in good faith; (vii) related party expenditures that are subject to the prior written consent of the Majority Executives pursuant to Section 2.3(a) of the Securityholders Agreement but have failed to receive such consent; (viii) advisors’ fees and expenses incurred outside the ordinary course of business related solely to Vestar’s activities that are unrelated to the Company; (ix) costs associated with any put option or call option contemplated by any Rollover Subscription Agreement or Incentive Unit Subscription Agreement; (x) costs associated with any proposed initial Public Offering or Sale of the Company (as such terms are defined in the Securityholders Agreement); (xi) expenses related to any litigation arising from the Acquisition; (x) management fees and costs related to the activities giving rise to such fees that are paid to, paid for or reimbursed to Vestar and its Affiliates; and (xii) material expenditures or incremental expenditures inconsistent with prior practice (to the extent that prior practice is relevant) required by Board (where Management Managers (as defined in the Securityholders Agreement) unanimously dissent) unless such expenditures are reasonably likely to result in any benefit (whether economic or non-economic) to the Company as determined by the Board in its good faith discretion.

  • Net Operating Income For any Real Estate and for a given period, an amount equal to the sum of (a) the rents, common area reimbursements, and service and other income for such Real Estate for such period received in the ordinary course of business from tenants or licensees in occupancy paying rent (excluding pre-paid rents and revenues and security deposits except to the extent applied in satisfaction of tenants’ or licensees’ obligations for rent and any non-recurring fees, charges or amounts including, without limitation, set-up fees and termination fees) minus (b) all expenses paid or accrued and related to the ownership, operation or maintenance of such Real Estate for such period, including, but not limited to, taxes, assessments and the like, insurance, utilities, payroll costs, maintenance, repair and landscaping expenses, marketing expenses, and general and administrative expenses (including an appropriate allocation for legal, accounting, advertising, marketing and other expenses incurred in connection with such Real Estate, but specifically excluding general overhead expenses of REIT and its Subsidiaries, any property management fees and non recurring charges), minus (c) the greater of (i) actual property management expenses of such Real Estate, or (ii) an amount equal to three percent (3.0%) of the gross revenues from such Real Estate excluding straight line leveling adjustments required under GAAP and amortization of intangibles pursuant to FAS 141R, minus (d) all rents, common area reimbursements and other income for such Real Estate received from tenants or licensees in default of payment or other material obligations under their lease, or with respect to leases as to which the tenant or licensee or any guarantor thereunder is subject to any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation or similar debtor relief proceeding.

  • Net Profit The current and accumulated operating earnings of the Employer after Federal and state income taxes, excluding nonrecurring or unusual items of income, and before contributions to this and any other Qualified Plan of the Employer, unless the Employer has elected a different definition in the Adoption Agreement. Unless elected otherwise in the Adoption Agreement, Employer contributions to the Plan are not conditioned on profits.