Marketing Spend. (i) Subject to Section 7.16(e), the aggregate amount of Marketing Spend for each Marketing Spend Test Period ending April 30, 2024, July 31, 2024, October 31, 2024 and January 31, 2025 shall not exceed $[***]. (ii) Subject to Section 7.16(e), the aggregate amount of Marketing Spend for any Marketing Spend Test Period ending after January 31, 2025 shall not exceed an amount to be mutually agreed by the Agent and the Borrower in accordance with Section 7.16(d). (iii) The maximum amount of Marketing Spend for any Marketing Spend Test Period as set forth in Section 7.16(c)(i) or 7.16(c)(ii) shall be referred to herein as the “Marketing Spend Cap”. (d) For any Fiscal Year ending after January 31, 2025 (each a “Subsequent Fiscal Year”), the Borrower shall deliver to the Agent an initial draft of the budget setting forth Inventory CapEx, Fixed Operating Expenditures and Marketing Spend for (x) each Inventory CapEx Test Period, FOE Test Period and Marketing Spend Test Period, as applicable, during such Subsequent Fiscal Year and (y) such Subsequent Fiscal Year in the aggregate, in each case, no later than January 15 of the Fiscal Year immediately preceding such Subsequent Fiscal Year. The maximum amount of Inventory CapEx, Fixed Operating Expenditures and Marketing Spend for (x) each Inventory CapEx Test Period, FOE Test Period and Marketing Spend Test Period, as applicable, during such Subsequent Fiscal Year and (y) such Subsequent Fiscal Year in the aggregate (the maximum aggregate amount of Inventory CapEx, Fixed Operating Expenditures and Marketing Spend for any Subsequent Fiscal Year as so agreed, each an “Aggregate Yearly Cap”), in each case, shall be determined by no later than March 31 of such Subsequent Fiscal Year. (e) With respect to any Specified Expenditure during any Fiscal Year, the Specified Expenditures Cap applicable to any Specified Expenditures Test Period ending during such Fiscal Year (the “Applicable Test Period”) may be increased (x) by the amount equal to the unused portion, if any, of the Specified Expenditures Cap applicable to such Specified Expenditure with respect to any Specified Expenditures Test Period ended during such Fiscal Year but prior to the Applicable Test Period and (y) by an amount equal to any amount allowed to be made in the immediately succeeding Specified Expenditures Test Period (so long as such immediately succeeding Specified Expenditure Test Period ends on or prior to the end of such Fiscal Year) with respect to s...
Marketing Spend. During each Annual Period, Licensee shall use the Marketing Spend for that Annual Period on the following activities: (i) in store environment, including but not limited to fixturing costs, and (ii) other approved items, such as merchandise coordinators. Licensee will provide LS&Co. with documentation outlining marketing activities and the actual Marketing Spend with its annual report. If Licensee’s actual aggregate Marketing Spend is less than the Marketing Spend set forth on a Schedule (based on actual Net Sales for the applicable Annual Period), Licensee will pay LS&Co. an amount equal to the unspent Marketing Spend. All Marketing Spend must be pre-approved by LS&Co. Marketing Contribution and Marketing Spend shall be separate from, and shall not be subject to credit for, expenditures by Licensee for cooperative advertising, trade advertising, trade shows, sampling, or any other promotional or sales material not included in the Marketing Plan.
Marketing Spend. Customer agrees that, [*], Customer shall spend a minimum of [*] for the purpose of marketing [*]. The Supplier shall have the right, upon reasonable notice to the Customer and during reasonable business hours and at Supplier’s expense, to have an independent third party auditor reasonably acceptable to the Customer audit the Customer’s books and records relating to the Marketing Spend. The Customer agrees to provide the auditor with access to any books, records, or other information reasonably necessary for the auditor to determine the Customer’s compliance with its obligations under this Agreement.
Marketing Spend. With respect to each Product which is initially --------------- released by Interplay under this Agreement, Interplay agrees to spend in the Territory at least [*] of its projected Net Sales (less the Return Reserve) for such Product in the European market *Portions omitted pursuant to a request for confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. on marketing and advertising for such Product (the "Minimum Marketing Spend"). All marketing and advertising costs incurred in favor of third parties by or on behalf of Interplay in the Territory shall be applied toward meeting Interplay's obligation hereunder, including, without limitation, print, television, radio and other advertising, special marketing events to promote the Products and coop and MDF funds. Any portion of the Minimum Marketing Spend not spent by Interplay during any calendar year during the term of this Agreement shall be added to the Minimum Marketing Spend for the succeeding calendar year. For purposes of the preceding sentence, expenditures shall be deemed to have occurred as and to the extent that the marketing activity for which the expenditure is payable is undertaken, not when the cost thereof is actually paid.
Marketing Spend. 3.14.1. The IOMSPC will expend either by itself and/or through one or more wholly owned subsidiaries of the IOMSPC a sum equivalent to not less than seven hundred and fifty thousand pounds (£750,000) (adjusted annually by Manx Consumer Price Index) (“Marketing Expenditure”) on off Island marketing to promote travel by passengers with and without accompanied vehicles by sea to the island.
Marketing Spend. 76.1 The Franchisee shall, over the Franchise Term:
