Quarterly Rebate. For Licensed Products distributed by Dell, Dell shall earn a rebate equal to [***] (“Rebate Percentage”) of the aggregate quarterly software royalties paid by Dell, as reported on the royalty report. Rebate shall be payable to Dell within forty-five (45) days after the receipt of Dell’s quarterly royalty payments to Licensor. For clarification, Volume Purchase Agreement (“VPA”) and Enterprise License Agreement (“ELA”) transactions are excluded from the definition of Licensed Products for the purposes of the Rebate Percentage only. During the term of the Agreement, Licensor agrees that Dell shall have the right effective as of the first day of Dell’s fiscal quarter following the Effective Date of this Addendum, and upon sixty (60) days prior written notice to Licensor, to adjust the Rebate Percentage, provided that in no event shall the Rebate Percentage exceed [***]. Any adjustment to the Rebate Percentage shall be offset by a corresponding percentage increase or decrease in the applicable Dell SW Cost (Column 1 of Exhibit A).

Quarterly Rebate. For Licensed Products distributed by Dell (with the exception of [***] for which rebates provided for herein shall not apply), Dell shall earn a rebate equal to [***] (“Rebate Percentage”) of the aggregate quarterly royalties paid by Dell, as reported on the royalty report. For the purposes of clarification, the royalties due per copy of the Licensed Product shipped are as shown in the “Total” column (column E) in Exhibit A attached hereto. Dell shall have the right to deduct the aggregate quarterly rebate amount due to Dell from Dell’s quarterly royalty payment to CommVault. For clarification, Volume Purchase Agreement (“VPA”) and Enterprise License Agreement (“ELA”) transactions are excluded from the definition of Licensed Products for the purposes of the Rebate Percentage only.

Quarterly Rebate. If the conditions in Section 2 above are met, then Response will issue a Credit Note for [***]45 of the Quarterly Rebate which may be used by Distributor for credit against future payables to Response under this Agreement at the written request of the Distributor and Distributor will be eligible to deduct the Credit Note amount from its future payables to Response. Details are as follows: Q1 – [***]46 Quarterly Rebate may be used. Q2 - [***]47 of the cumulative Quarterly Rebate for Q1 and Q2 will be eligible to be applied to the first shipment in Q3. Q3 - [***]48 of the Q3 Quarterly Rebate will be eligible to be applied to the first shipment in Q4. Q4 – [***]49 of the Q4 Quarterly Rebate will be eligible to be applied to the first shipment in 2016. 40 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions 41 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions 42 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions 43 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions 44 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions 45 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions 46 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions 47 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions 48 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions 49 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions

Related to Quarterly Rebate

Quarterly Review For a period commencing on the initial effective date of the Registration Statement and ending five years from the date of the consummation of the Business Combination or until such earlier time at which the Liquidation occurs or the Common Stock and Warrants cease to be publicly traded, the Company, at its expense, shall cause its regularly engaged independent registered public accounting firm to review (but not audit) the Company’s financial statements for each of the first three fiscal quarters prior to the announcement of quarterly financial information, the filing of the Company’s Form 10-Q quarterly report and the mailing, if any, of quarterly financial information to stockholders.
Quarterly Report 5.1 Upon request, the contractor shall provide to the Purchasing Agent a quarterly report, showing all purchases made under the terms and conditions of the contract. 5.2 Such quarterly report shall itemize the following information: 1. Each ordering department. 2. Items and quantities purchased by department. 3. Total dollar amount of purchases by department.
Quarterly Reporting If reporting is on a quarterly basis, the AGENCY shall submit to the Orange County Citizens’ Commission for Children a complete, accurate, and programmatic Quarterly Report, in a format as provided by the COUNTY, on or before the 10th of the month following the close of the quarter, as well as supporting documentation. The Quarterly Reports shall, if applicable to the Scope of Work in Attachment “A”, list “Units of Service” provided (i.e.: hourly, per session, etc.) and/or any other pertinent outcome measurements outlined in Attachment “A”.
Quarterly Reports Following submission of the initial report, quarterly performance reports until submission of the final report described in the following subparagraph. Reports are due on January 30, April 30, July 30, and October 30.
Quarterly Sales Reports The Contractor shall submit a completed Quarterly Sales Report electronically, in the required format, to the Department’s Contract Manager within thirty (30) calendar days after close of each quarter. The quarterly sales report can be found here: xxxxx://xxx.xxx.xxxxxxxxx.xxx/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. The Contract Quarterly Sales Report will include all sales and orders associated with this Contract from Customers received during the reporting period. Initiation and submission of the Sales Report is the responsibility of the Contractor without prompting or notification from the DMS Contract Manager. Failure to provide the quarterly sales report will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. Initiation and submission of the quarterly sales report are the responsibility of the Contractor without prompting or notification by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded during the period, the Contractor must submit a report stating that there was no activity. If no sales are recorded in two consecutive quarters, the Contractor may be placed in probationary status or the Department may terminate the Contract. Quarter 1 – (July-September) – due 30 calendar days after the close of the period Quarter 2 – (October-December) – due 30 calendar days after the close of the period Quarter 3 – (January-March) – due 30 calendar days after the close of the period Quarter 4 – (April-June) due 30 calendar days after the close of the period Exceptions may be made if a delay in submitting reports is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Department. The Department reserves the right to request additional sales information as needed.
Quarterly As of the last day of each Fiscal Quarter.
Quarterly Payments The quarterly payment cannot be increased in cases of target over-achievement. The payments are given on cumulative outputs, in arrears, and therefore the maximum payment available will be given by the end of the Contract if the agreed (target) number of outputs is reached or exceeded.
Contract Quarterly Sales Reports The Contractor shall submit complete Quarterly Sales Reports to the Department’s Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). Reports must be submitted in MS Excel using the DMS Quarterly Sales Report Format, which can be accessed at xxxxx://xxx.xxx.xxxxxxxxx.xxx/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the quarter, the Contractor must email the DMS Contract Manager confirming there was no activity.
Quarterly Reporting Timeframes Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September) – Due by October 10 Quarter 2 - (October-December) – Due by January 10 Quarter 3 - (January-March) – Due by April 10 Quarter 4 - (April-June) – Due by July 10
Quarterly Statements As soon as available and in any event within 45 days after the end of each quarterly fiscal period (except the last) of each fiscal year, copies of: (1) consolidated balance sheets of the Company and its Consolidated Subsidiaries as of the close of such quarterly fiscal period, setting forth in comparative form the consolidated figures for the fiscal year then most recently ended, (2) consolidated statements of operations of the Company and its Consolidated Subsidiaries for such quarterly fiscal period and for the portion of the fiscal year ending with such quarterly fiscal period, in each case setting forth in comparative form the consolidated figures for the corresponding periods of the preceding fiscal year, and (3) consolidated statements of changes in net assets and cash flows of the Company and its Consolidated Subsidiaries for the portion of the fiscal year ending with such quarterly fiscal period, setting forth in comparative form the consolidated figures for the corresponding period of the preceding fiscal year, all in reasonable detail and certified as complete and correct by a Senior Financial Officer of the Company;

Quarterly Rebate Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Related to Quarterly Rebate