Profit Participation. During the Term, subject to Section 5 below, you shall be entitled to receive:
Profit Participation. The Manager shall participate in the distribution of any excess Net Profits as follows: after distribution of the Preferred Return to the Members, the Manager shall receive Fifty Percent (50%) of all Net Profits on a monthly and non-cumulative basis.
Profit Participation. Terms to be negotiated in good faith. If the parties fail to reach agreement ____ months after execution hereof, either party, upon 30 days notice to the other, may submit the matter to what is known as a “baseball arbitration,” in which each party presents one profit proposal and the arbitrator is required to adopt one of the two proposals. The arbitrator shall be selected and the arbitration conducted pursuant to the Voluntary Labor Arbitration Rules of the AAA.
Profit Participation. In consideration for the Option, upon each sale of the Optioned Shares by the Optionee (or its Affiliate, as defined below) to a Person which is not an Affiliate of the Optionee, (each such sale referred to herein as a “Final Sale”), the Optionee shall pay to the Optionor an amount equal to 50% of the difference between the amount realized in the Final Sale (the aggregate sales price less any commissions payable as a result of the Final Sale to a Person who is not an Affiliate of the Optionee) and the aggregate Purchase Price. The Optionee (or its Affiliate) shall determine, in its sole discretion whether, when, and at what price, to sell the Optioned Shares; provided however, Optionee shall consult with Optionor, with respect to any prospective sale of the Optioned Shares prior to such sale. Further provided, Optionee shall give Optionor prompt notice (next business day) of such Final Sale, and shall promptly remit (one day following Optionee’s receipt of sale proceeds) the amount of the sales proceeds due Optionor by virtue of any such Final Sale, along with a detailed written accounting therefor which shows in reasonable detail all calculations used to determine the amount due to Optionor.
Profit Participation. For content listed in Schedule A6 of Schedule A (each a “Project”), Licensor will only grant Licensee certain profit participation rights, for certain durations, as detailed and set forth in Schedule A6 of Schedule A. Licensee will not have distribution rights or any other rights to the content in Schedule A6 of Schedule A under Section 2(a)-(d). If for any reason the A6 projects do not get produced, SSS will substitute comparable projects, to be mutually approved. “Profit Participation” means a portion of Profits equal to the amount designated in Schedule A6 of Schedule A. “Profits” shall be defined and calculated as follows:
Profit Participation. If the Ivanhoe Transferee or any of its Affiliates, individually or collectively, completes a transfer of more than twenty-five percent (25%) of the direct or indirect interests in either the Xxxxxxx Xxxxx Property or the St. Enoch Property to any entity that is not an Affiliate of Ivanhoe, whether in a single transaction or through a series of transactions, within the period of twelve (12) months following the Closing (a “Subsequent Transfer”), then the Ivanhoe Transferee shall pay to the Xxxxx Transferors seventy-five percent (75%) of the Profit received in respect of such Subsequent Transfer(s). The Ivanhoe Transferee shall deliver to the Xxxxx Transferors an accounting of the consideration received by it or its Affiliates and the resulting Profit in respect of any Subsequent Transfer and shall make such payment(s) of Profit to the Xxxxx Transferors, in each case, within five (5) Business Days after the completion of the Subsequent Transfer. If the Ivanhoe Transferee fails to make any such payment within such period, then the Ivanhoe Transferee shall also pay to the Xxxxx Transferors an amount equal to interest at the Applicable Rate on the amount unpaid, computed from such date the payment was due to and including the date of payment. For greater certainty, it is confirmed that (i) the provisions of this Section 9 shall not be applicable in respect of any transfer by the Ivanhoe Transferee or any of its Affiliates of any of its direct or indirect interests in either the Xxxxxxx Xxxxx Property or the St. Enoch Property that is completed at any time following the first anniversary of the Closing, and (ii) any transfer of the Xxxxxxx Xxxxx Peripheral Property, or any part thereof, is not a Subsequent Transfer. The provisions of this Section 9 shall survive, and shall not merge on, Closing.
Profit Participation. Upon execution and delivery of the Subscription Agreement, Executive shall be entitled to an additional profit participation in the Parent in a percentage determined by the Company, which shall be represented by an additional 120 New Class B Units of the Parent. The New Class B Units will be subject to the terms and conditions of the Subscription Agreement.
Profit Participation. 1.1 Upon the Sale of the Project, Opus agrees to pay Tenant the Profit Participation Fee as determined hereunder; provided, however, that Opus shall not be required to pay Tenant any Profit Participation Fee if at the time such payment would otherwise be made, an Event of Default (as defined in the Lease) by Tenant by Tenant has occurred and is continuing. In the event the Net Sale Proceeds is a negative number, Tenant shall not be required to pay any amount to Opus.
1.2 Notwithstanding the foregoing, Opus shall have no obligation to pay Tenant the Profit Participation Fee with respect to any Excluded Sale. Further, in the event there is an Excluded Sale related to a foreclosure or a transfer of a deed in lieu of foreclosure, then this Agreement shall automatically terminate and be of no further force and effect.
1.3 At such time as Opus has paid to Tenant the Profit Participation Fee required hereunder, or this Agreement is otherwise terminated in accordance with its terms, then Tenant shall deliver to Opus such documents as Opus may reasonably request to evidence termination of this Agreement and Opus’ obligations to make any payment hereunder. Tenant shall have the right to audit the books and records of Opus for the sole purpose of verifying the accuracy of the Profit Participation Fee. Opus shall use an “open book” process (as provided in Section 2.8 of the Lease, and also including information on any additional costs, fees or other expenses not specifically referenced in the Lease but constituting an Actual Project Closing Cost or a Project Cost under the terms of this Agreement) in allowing the Tenant to confirm the accuracy of the calculation of the Net Profit Participation Fee.
Profit Participation. After such time as the Residential Lending Group earns $330,000 (after deduction of all expenses, salaries, commissions and employee override payments and profit participation payments), the Executive shall receive Twenty Five (25%) percent of the after-tax profits of the Business over Three Hundred and Thirty Thousand ($330,000.00) Dollars (calculated on a after-tax basis). In calculating profits for purposes of this paragraph, the revenues and expenses of the Business shall be accounted for in accordance with generally accepted accounting principles, consistently applied.
Profit Participation. For a period of sixty (60) days after the Effective Date (the “Profit Participation Period”), Seller shall be entitled to one-half (1/2) of all net profits from any sale by Purchaser of all or substantially all of the assets or stock of Fox, provided that such sale must be consummated within the Profit Participation Period.
