Minimum Quarterly Payment; Credit Against Minimum Sample Clauses

Minimum Quarterly Payment; Credit Against Minimum. Ixia guarantees that it will pay NetIQ at least Five Hundred Thousand Dollars ($500,000) per quarter for six (6) calendar quarters, for a total of Three Million Dollars ($3,000,000), irrespective of whether Ixia's Adjusted Gross Revenues are sufficient to generate such amount in royalties. In the event that the royalties due under Section 9.2 above for any applicable calendar quarter are less than Five Hundred Thousand Dollars ($500,000), Ixia shall pay NetIQ an amount equal to the difference between the actual royalties earned for such quarter and Five Hundred Thousand Dollars ($500,000) (the "Guarantee Makeup"), which payment shall be made together with the payment of royalties. Notwithstanding the foregoing, Ixia shall be entitled to a credit against the Guarantee Makeup for any calendar quarter if NetIQ has recognized revenues in excess of Five Hundred Thousand Dollars ($500,000) for such calendar quarter from sales of the Distribution Products made through any other reseller(s) and sales of maintenance services with respect to the Distribution Products (itself or through resellers)(the "Guarantee Credit"). The Guarantee Credit shall be an amount equal to eighty percent (80%) of the excess of such other revenues over Five Hundred Thousand Dollars ($500,000). The Guarantee Credit shall be applied, if possible, in advance of the time Ixia is to pay the Guarantee Makeup for the calendar quarter with respect to which the Guarantee Credit arose. If the Guarantee Credit amount is determined after Ixia makes the particular payment, then NetIQ shall refund the portion of the particular Guarantee Makeup offset by the Guarantee Credit, not later than thirty (30) days after determining the existence and amount of the Guarantee Credit. The information contained in a report accounting for a Guarantee Credit shall be conclusively deemed correct and binding upon Ixia, resulting in the loss of all further audit rights with respect to such report, unless specifically challenged by written notice from Ixia within two (2) years from the date such report was delivered by NetIQ. NetIQ agrees to allow an independent certified public accountant, at Ixia's sole expense, to audit and analyze appropriate and relevant accounting records of NetIQ at NetIQ's premises to verify accurate accounting for and calculation of the Guarantee Credit. Any such audit shall be commenced no later than twelve (12) months after termination or expiration of the Distribution Term and must be perfor...
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Related to Minimum Quarterly Payment; Credit Against Minimum

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • 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.

  • Minimum Annual Royalties Company shall pay to JHU minimum annual royalties as set forth in Exhibit A. These minimum annual royalties shall be due, without invoice from JHU, within thirty (30) days of each anniversary of the EFFECTIVE DATE beginning with the first anniversary. Running royalties and sublicense consideration accrued under Paragraphs 3.3 and 3.4, respectively, and paid to JHU during the one year period preceding an anniversary of the EFFECTIVE DATE shall be credited against the minimum annual royalties due on that anniversary date.

  • Minimum Liquidity The Borrower shall not permit Liquidity at any time to be less than $50,000,000.

  • Minimum Annual Royalty Beginning in the calendar year after the first occurrence of SALEs, and in each succeeding calendar year thereafter, LICENSEE will pay to REGENTS a minimum annual royalty of [Written amount] U.S. Dollars ($ Number) for the life of this AGREEMENT. This minimum annual royalty will be paid to REGENTS by February 28 of each year and will be credited against the earned royalty due and owing for the calendar year in which the minimum payment is made.

  • Minimum Adjusted EBITDA Borrower shall maintain a minimum trailing six-month Adjusted EBITDA minus dividend distributions (other than tax distributions), as of such test date, of at least the greater of (a) $75,000,000 and (b) an amount equal to 75% of the trailing six-month Adjusted EBITDA minus dividend distributions (other than tax distributions), for the immediately preceding six-month period, tested semi-annually, commencing September 30, 2024, and continuing on each subsequent March 31 and September 30.

  • Maximum or Minimum Interest Rate If specified on the face hereof, this Note may have either or both of a Maximum Interest Rate or a Minimum Interest Rate. If a Maximum Interest Rate is so designated, the interest rate for a Floating Rate Note cannot ever exceed such Maximum Interest Rate and in the event that the interest rate on any Interest Reset Date would exceed such Maximum Interest Rate (as if no Maximum Interest Rate were in effect) then the interest rate on such Interest Reset Date shall be the Maximum Interest Rate. If a Minimum Interest Rate is so designated, the interest rate for a Floating Rate Note cannot ever be less than such Minimum Interest Rate and in the event that the interest rate on any Interest Reset Date would be less than such Minimum Interest Rate (as if no Minimum Interest Rate were in effect) then the interest rate on such Interest Reset Date shall be the Minimum Interest Rate. Notwithstanding anything to the contrary contained herein, the interest rate on a Floating Rate Note shall not exceed the maximum interest rate permitted by applicable law.

  • Minimum Interest Charge If the interest charge for all balances on your Credit Card account is less than $1.00, we will charge you the Minimum Interest Charge shown on page 1. This charge is in lieu of any interest charge.

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

  • Minimum Interest Coverage Ratio The Borrowers shall not permit the Interest Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarters then ended, to be less than 3.50 to 1.00.

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