NATIONAL ADVERTISING FUND Sample Clauses

NATIONAL ADVERTISING FUND. A. Franchisee agrees to pay in cash to Franchisor at its principal offices, or at such other place as Franchisor may designate, in addition to the "royalty fees," a National Advertising Fund (hereinafter called the "NAF") contribution --- equal to two percent (2%) of Franchisee's Gross Revenue (including Gross Revenue attributable to Transition Offices); provided, however, that Franchisee's NAF contribution shall be limited and subject to the following payment formula: Franchisee shall pay in cash to the NAF a monthly per office contribution. Such contribution shall be paid on the same dates as royalty fees are paid hereunder. Such contribution shall be subject to minimum and maximum amount limitations. Franchisee's initial minimum and maximum monthly contribution amount limitations as of this Agreement are currently $272 and $817 per office (including Transition Offices). These limitations may be adjusted annually based upon the greater of (i) the percentage increase in the Consumer Price Index: All Items/US City Average-All Urban Consumers ("Index"-1967 Base Year=100) as published by the United States Department of Labor's Bureau of Labor Statistics from January of the year in which the minimums and maximums were last adjusted (or, for the first adjustment, January of the year in which the minimums and maximums set forth above were established) to the January of the year in which the minimums and maximums are then being adjusted and (ii) a percentage equal to the yield to maturity on United States Treasury Bonds with maturity of 30 years as listed in The Wall Street Journal as of the last business day of October in the year preceding the effective date of such adjustment. Franchisor shall publish to all franchisees the adjustment, if any, which shall become effective on June 1 of each year. Should the Index cease to be published or be published less frequently or in a different manner, then Franchisor reserves the right to adopt a substitute index or procedure that reasonably reflects and monitors changes in consumer price levels. Notwithstanding the foregoing, Franchisor reserves the right in its sole discretion in any year to waive in whole or in part or postpone temporarily or indefinitely, or any combination of a waiver or postponement, any scheduled adjustment in the Franchisee's monthly contribution to the NAF. Notwithstanding the foregoing, the NAF minimums and maximums will be adjusted consistently with all other franchisees of Franchisor.
Sample 1
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NATIONAL ADVERTISING FUND. Seller shall cause CBB National Advertising ------------------------- Fund, Inc. (the "National Advertising Fund") to pay all of its accounts payable and other obligations (except the Coupon Obligation, as hereinafter defined) with a view to exhausting the account balance therein (except to the extent necessary to satisfy the Coupon Obligation) by Closing. Should any funds remain in the National Advertising Fund after the payment of such obligations, Seller shall cause the assignment of such funds, together with an amount sufficient to satisfy the Coupon Obligation, to an account to be established by Purchaser for the benefit of the Franchisees (and for the benefit of Purchaser to the extent of any operating units which may be owned by Purchaser), together with all rights of Seller in and to any and all of the assets of the National Advertising Fund held for the benefit of the Franchisees or any other party having a beneficial interest therein, including without limitation cash, accounts receivable, deposits, advertising materials and rights to rebates, marketing and advertising allowances, pursuant to an Assignment of National Advertising Fund Assets in the form of Exhibit "E" attached hereto and made a part ----------- hereof (the "Assignment of Fund Assets"). Such assignment shall be free of any liens, claims or encumbrances whatsoever and Seller and Principals shall indemnify and hold harmless Purchaser from and against any and all losses, damages, expenses or claims of any nature made by any party with respect to such assigned assets. e.
Sample 1
NATIONAL ADVERTISING FUND i. Schedule 12.r.i. attached hereto and made a part hereof, contains ---------------- a correct and complete list of all accounts (the "Ad Fund Accounts") in which funds have been deposited as of the date of this Agreement. All assets of the National Advertising Fund are, as of the date of this Agreement, and shall be, as of the Closing Date, deposited in the Ad Fund Accounts. No monies, other than Franchisees' contributions to the National Advertising Fund and supplier rebates, marketing and advertising allowances have been deposited in the Ad Fund Accounts.
Sample 1
NATIONAL ADVERTISING FUND. Big O has established a National Advertising Fund which Big O, in its sole discretion, may decide to terminate at any time. If Big O does terminate the National Advertising Fund, Big O, in its sole discretion, may re-establish it at any time. Big O shall notify Franchisee as to the manner in which it shall function and the amount of contribution required of Franchisee. (a) Not later than the Due Date, Big O or its designee must have received from Franchisee such amount as Big O shall designate, but not more than one percent (1%) of its previous month's Gross Sales, as a contribution to the National Advertising Fund which shall be maintained or approved by Big O for Big O National Advertising. Big O shall limit any increase in Franchisee's contribution to the National Advertising Fund from any amount then currently being charged to one-tenth of one percent (0.1%) in any twelve (12) consecutive month period and an additional one-tenth of one percent (0.1%) for each twelve (12) consecutive months thereafter until the one percent (1%) limitation is reached. Such incremental increases shall not be cumulative so that if Big O fails to adopt an additional incremental increase after any twelve (12) consecutive month period, the next one-tenth of one percent (0.1%) incremental increase will not accrue until actually adopted by Big O and shall constitute the maximum for the next consecutive twelve (12) months; provided, however, in the event Big O shall determine, in its sole judgment and discretion, that a special advertising circumstance or opportunity is available to Big O and/or its franchisees, Big O may propose to the Dealer Planning Board a greater increase during any consecutive twelve (12) month period (up to one percent (1%) limit), and if a majority of the members of the Dealer Planning Board agree to such increase, it shall be implemented by Big O, not withstanding Big O's limitation as to the phasing in of any increases. (b) Big O shall, following consultation with the Dealer Planning Board, direct all National Advertising which is provided through the National Advertising Fund with sole discretion over the concepts, materials, and media used therein. All National Advertising Fund contributions paid by Franchisee and other similarly situated Big O System franchisees to Big O shall be part of the National Advertising Fund. (c) Franchisee understands and acknowledges that the National Advertising Fund is intended to maximize general public recognition and...
Sample 1
NATIONAL ADVERTISING FUND. Manager shall deposit into the National Advertising Fund all advertising fees collected from Franchisees in accordance with the requirements of the Franchise Agreement. Manager shall manage the National Advertising Fund for the benefit of the System, in accordance with the terms and conditions in the Franchise Agreements. Manager shall utilize the National Advertising Fund in a manner consistent with the Annual Marketing Plan.
Sample 1

Related to NATIONAL ADVERTISING FUND

  • Publication Advertisement Each Lender and each Credit Party hereby authorizes the Arranger to publish the name of such Lender and Credit Party, the existence of the financing arrangements referenced under this Agreement, the primary purpose and/or structure of those arrangements, the amount of credit extended under each facility, the title and role of each party to this Agreement, and the total amount of the financing evidenced hereby in any “tombstone”, comparable advertisement or press release which the Arranger elects to submit for publication. In addition, each Lender and each Credit Party agrees that the Arranger may provide lending industry trade organizations with information necessary and customary for inclusion in league table measurements after the Closing Date. With respect to any of the foregoing, the Arranger shall provide the Borrower with an opportunity to review and confer with the Arranger regarding the contents of any such tombstone, advertisement or information, as applicable, prior to its submission for publication and, following such review period, the Arranger may, from time to time, publish such information in any media form desired by the Arranger, until such time that the Borrower shall have requested the Arranger cease any such further publication.

  • No Advertising Influencers will not, as a part of the Influencer Content produced for any Brand program advertise, market, or otherwise promote any other product or service in which Influencer or any Influencer affiliates have an ownership interest or other financial interest, directly or indirectly.

  • No General Solicitation or General Advertising Neither the Company nor any Person acting on its behalf has engaged or will engage in any form of general solicitation or general advertising (within the meaning of Regulation D) in connection with any offer or sale of the Shares.

  • No Advertisement The Purchaser acknowledges that the Shares have been offered to them in direct communication between them and Seller, and not through any advertisement of any kind.

  • No General Solicitation or Advertising Neither the Company, nor any of its Subsidiaries or Affiliates, nor any Person acting on its or their behalf, has engaged in any form of general solicitation or general advertising (within the meaning of Regulation D) in connection with the offer or sale of the Securities.

  • Customary Advertising Material The Loan Parties consent to the publication by the Administrative Agent or any Lender of customary advertising material relating to the transactions contemplated hereby using the name, product photographs, logo or trademark of the Loan Parties.

  • No Advertisements It is not subscribing for the Units as a result of or subsequent to any advertisement, article, notice or other communication published in any newspaper, magazine, or similar media or broadcast over television or radio, or presented at any seminar or meeting.

  • No Adverse Selection No selection procedures adverse to Noteholders have been employed in selecting the Contracts.

  • Marketing and Advertising Provider shall not advertise or market to schools, students or their parents/guardians when the advertising is based upon any Student Data that Provider has acquired because of the use of that Provider’s site, Products, Services, or this Agreement.

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