Profit Allocation. 4.01 The amount of PREMI Funds, as defined above, shall be $1,000,000,000 (one billion euros). Financing expenses will occur as the deal progresses and these expenses will be subtracted from the profit assessment at end of each trade period. PRMI will pay to GSAI paid 110% of the outstanding contact revenue that has been established PREMI instrument is revoked or canceled prior to the term of the agreement.
4.02 Commencing on the date per section 1.02 above and ending on the termination of the business of the JV, the following profit allocations shall occur:
1. The JV shall operate on a monthly schedule, with a month defined as any consecutive thirty days from date of origin.
2. No business of the JV shall commence until this LC is in full force and effect and accepted by GSAI, financial instution.
3. During each Month, for thirteen (13) consecutive Months; PREMI will receive 25% of gross Profits from Closed Transactions. Said funds will be placed into account designated by PREMI. The balance of the funds will be allocated to GSAI. for It is anticipated that the profits in the new JV will be disbursed as follows: 25% (Gross trading profit) to PREMI and or its assigns 75% to GSAI and or its assigns The $1,000,000 LC issued by PREMI as collateral and never need to be drawn down as long as the monthly fees are paid from profits generated from the use of the Instrument on deposit with PREMI. PREMI alone has access to the instrument and the bank account where it is lodged.
4. Should PREMI not receive at revenue within ninety (90) days from the acceptance of the instrument by GSAI’s financial institution and every Month thereafter, PREMI has the right, at its sole discretion, to terminate the agreement..
Profit Allocation. First, Profits will be allocated to each Member in proportion to the cumulative distributions, not including return of capital, to such Member until all such distributions have been so allocated as Profits. Second, the balance, if any, will be allocated to the Members in proportion to their Membership Interests.
Profit Allocation. (a) Except as provided in Section 5.3(b) and Section 5.4, Profit shall be allocated among the Members in accordance with their relative Sharing Ratios.
(b) Any Profit with respect to the sale, exchange or other disposition of all or substantially all of the Company assets or with respect to the liquidation of the Company shall be allocated among the Members so that their capital account balances are proportionate to their Sharing Ratios.
(c) For purposes of Section 5.3(b), the capital accounts of the Members shall be determined (i) before giving effect to distributions under Section 4.2; (ii) after allocating all other items of Profit and Loss; and (iii) after making all distributions under Section 4.1.
Profit Allocation. All profits derived from the project of this phase shall, after deducting all costs, be allocated according to the following percentages, on the basis of which the Parties shall also enjoy the title to, bear the risk of, and have other rights to, the assets of the third phase of the Center: Party A Party B Year *** *** *** Year *** *** ***
Profit Allocation. Within forty-five (45) days after the end of each calendar quarter following the launch of the PRODUCT. THE CLIENT will calculate and deliver to ELAN its share of the PROFITS as set forth below for such quarter accompanied by an accounting of such PROFITS including a detailed written statement of its NET SALES of the PRODUCT sold and shipped to third party customers.
(i) During the Term and for a four (4) year period commencing with THE CLIENT's first firm purchase order for PRODUCT, the PROFITS with respect to all PRODUCT purchased from ELAN under this Agreement and sold by THE CLIENT to third party customers shall be allocated between THE CLIENT and ELAN as follows: ***** ******* ***** of PROFITS shall be allocated to THE CLIENT *** ***** ******* of PROFITS shall be allocated to ELAN. Thereafter, the PROFITS with respect to all PRODUCT purchased from ELAN under this Agreement and sold by THE CLIENT to third party customers shall be allocated between THE CLIENT and ELAN as follows: ***** ******* ***** of PROFITS shall be allocated to CLIENT *** ***** ******* ***** ** PROFITS shall be allocated to ELAN. * redacted pursuant to confidential treatment request.
(ii) Notwithstanding the provisions of 6.2
(i) if the PRODUCT's wholesale acquisition cost ("WAC") falls below ****** per capsule of 200 mg, then THE CLIENT shall receive an additional cumulative five percent (5%) allocation of PROFITS over and above the percentage of PROFIT allocated per 6.2.(i) above for every five percent (5%) of ****** per capsule of 200 mg that the PRODUCT's WAC falls below ****** per capsule of 200 mg. However, such provision shall apply only to the point where twenty percent (20%) of the PROFITS are allocated to ELAN and eighty percent (80%) of the PROFITS are allocated to THE CLIENT following which there shall be no further allocation of PROFITS.
Profit Allocation. In calculating the profits of the Partnership for the purposes of this clause there shall only be included the fees and income due and payable to the Partnership on or before the Succession Date and, accordingly, no profits shall be deemed to have accrued in respect of any fees or allocations which are due and payable after the Succession Date. Any profit allocation due, together with any amount standing to the credit of the Outgoing Member’s Distribution Account, shall be allocated to the Outgoing Member as at the end of the relevant Financial Period in the normal course (and so the Member shall remain a Member to the extent necessary for these purposes only and with no rights other than under this clause until the end of the relevant Financial Period, and his rights as a Member shall be limited to his rights under this clause only and in each case his obligations limited to those that exist on or after the Succession Date), but the Outgoing Member shall be entitled to receive amounts equal to his Allocated Monthly Advance Drawings and any target allocation of profit pursuant to clause 3.3 of his Deed of Adherence above, plus amounts standing to the credit of his Distribution Account plus any other amounts owed to him less any deductions within 30 days of the completion of the Partnership Statement prepared pursuant to clause 15.3.
8.5 Clause 16.1 (A), (D) and (M) of the Partnership Deed shall not apply to the Individual Member and are to be superseded in their entirety by the following:
(A) The Individual Member covenants to use his best endeavours to promote and develop the Business and to act in the best interests of the Partnership and its Affiliates at all times.
(D) The Individual Member covenants to devote the whole of his working time to the Business of the Partnership or its Affiliates, except during holiday leave and absence due to sickness (each as provided for in clause 17). Notwithstanding the Individual Member’s interest in an Affiliate, he further covenants not to have an interest in any other entity, business, or enterprise (whether as an employee, contractor, partner, consultant, agent or otherwise) without the written consent of the Chairman, save for investment purposes of only 1% or less of outstanding securities of any corporation listed on a recognised stock exchange or traded in the over the counter markets.
Profit Allocation. The Parties to the JVCO confirm that the JVCO will not pay dividend to shareholders in connection with the net profits generated from the JVCO’s Date of Incorporation until December 31, 2015, provided that the Parties to the JVCO may still determine the profit allocation pursuant to this section. The Parties to the JVCO agree that (1) the net profits generated from the JVCO’s Date of Incorporation until December 31, 2013 shall belong to iSoftStone;(2) provided that the quality of deliverables, the delivery schedule and the comprehensive costs of the JVCO comply with the standards set forth in the Software Outsourcing Vendor Agreement between Huawei and iSoftStone Group (including its Affiliates) or between Huawei and the JVCO, if Huawei Group’s Software Outsourcing Business Volume contributed by Huawei to the JVCO in 2013 is less than 90% of the Business Volume to be contributed by Huawei in 2013 specified in Appendix II, the Parties to the JVCO agree to adjust the allocation ratios for the net profits of the JVCO in the Fiscal Year 2014 as below: JVCO’s net profits allocation to Huawei in the Fiscal Year 2014 = Net Profits of the JVCO in the Fiscal Year 2014 * Percentage of Ownership by Huawei * Huawei Group’s Software Outsourcing Business Volume actually contributed by Huawei to the JVCO in 2013 / Huawei Group’s Software Outsourcing Business Volume committed by Huawei to contribute to the JVCO in 2013 as specified in Appendix II Any amendment or change to Section 7.4 — Profit Allocation shall become effective after it is agreed in writing by the Parties to the JVCO or agreed in writing and unanimously adopted by shareholders at the Shareholders’ Meeting of the JVCO after the Date of Incorporation.
Profit Allocation. Except as may be required by the Code, the Regulations, or this Agreement, and after taking into account the provisions of Appendix A to this Agreement, Profit (as defined in Appendix A) for any Fiscal Year shall be allocated as follows:
(a) First, Profit shall be allocated to the Members pro rata based on the Losses (as defined in Appendix A) allocated to each Member in previous Fiscal Years pursuant to Section 6.1.2(b), until each Member has been allocated amount of Profits pursuant to this Section in the current and previous Fiscal Years equal to the Losses allocated to that Member in previous Fiscal Years pursuant to Section 6.1.2(b) of this Agreement; and (b) thereafter, Profit shall be allocated to the Members pro rata based on their Participating Percentages.
Profit Allocation. Before the JV Company distributes any annual after-tax cash profits to its equity owners, it shall allocate ten percent of its after-tax cash profits to its statutory common reserve fund and another five percent to its employee welfare fund. The statutory common reserve fund shall be used to make up the JV Company’s losses in subsequent fiscal years and increase the capital. Where the accumulated amount of the statutory common reserve fund has exceeded fifty percent of the registered capital of the JV Company, no more statutory common reserve will be allocated. After the JV Company legally pays various taxes and expenses, the after-tax profits can be distributed to each Party in proportion to its contribution in the registered capital or re-invested in accordance with the resolution of the Board. If the JV Company incurs any cash losses, each Party shall assume the loss up to, and in proportion to, its contribution in the registered capital.
Profit Allocation a) In the event that, during either six month evaluation period, Broker turns a profit of less than or equal to 2% of the capitation payments it received in that period, Broker may keep all of this profit.
b) In the event that, during either six month evaluation period, Broker turns a profit of greater than 2% of the capitation payments it received in that period, the profits shall be apportioned as follows:
(1) Broker and State will share, on a 50-50 basis, all profits greater than 2% but less than 5% of the capitation payments paid; and
(2) The State shall receive all profits above 5% of the capitation payments paid.
c) All profits returnable to the State shall be returned within ninety (90) calendar days of the mutual agreement of their calculation.