Common use of Sales Statement Clause in Contracts

Sales Statement. Licensee shall deliver to Licensor and Artist at the time each Sales Royalty payment is due, a reasonably detailed report in accordance with Generally Accepted Accounting Principles signed by an officer of Licensee and Perfumania and certified as true, accurate and complete, identifying separately by SKU number the items, quantities and Net Sales of each style of Licensed Product broken out by customer account and by country sold by Licensee and/or its Affiliates, Subsidiaries, distributors and/or sub-licensees during the quarter for which payment is being made and then at the end of each Sales Year for the entire Sales Year, and any other information reasonably requested by Licensor in connection therewith. Each such report shall include, in addition to the total number of each Licensed Product sold and the royalty due thereon, a detailed presentation of the computation of royalties, including the quantities and Net Sales of each item sold, and the application of any credits. A statement shall be rendered for each quarter whether or not any royalties are due. Such information shall be maintained in confidence by and on behalf of Licensor, subject to disclosure only as required by law. Notwithstanding the foregoing, Licensor acknowledges and agrees that Licensee shall not be selling the Licensed Products into the market. Sales will actually be made by Perfumaniaand the books and records reflecting such sales shall be in the exclusive control and possession of Perfumania so that any reporting required herein shall be generated by Perfumania based on the accounting records of Perfumania. Licensee and Perfumania shall deliver to Licensor, not later than ninety (90) days after the close of each Sales Year during the Term of this Agreement (or portion thereof in the event of prior termination for any reason), a statement, prepared in accordance with GAAP, signed by a duly authorized officer relating to said entire Sales Year, setting forth the same information required to be submitted by Licensee in accordance with the first paragraph of this Article and also setting forth the information concerning expenditures for the Consumer Advertising and Promotion of Licensed Products during such Sales Year required by Article 11 hereof.

Appears in 1 contract

Samples: Licensing Agreement (Perfumania Holdings, Inc.)

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Sales Statement. Licensee shall deliver to Licensor and Artist at the time each Sales Royalty payment is due, a reasonably detailed report in accordance with Generally Accepted Accounting Principles signed by an officer of Licensee and Perfumania Parlux and certified as true, accurate and complete, identifying separately by SKU number the items, quantities and Net Sales of each style of Licensed Product broken out by customer account and by country sold by Licensee and/or its Affiliates, Subsidiaries, distributors and/or sub-licensees during the quarter for which payment is being made and then at the end of each Sales Year for the entire Sales Yearmade, and any other information reasonably requested by Licensor in connection therewith. Each such report shall include, in addition to the total number of each Licensed Product sold and the royalty due thereon, a detailed presentation of the computation of royalties, including the quantities and Net Sales of each item sold, and the application of any credits. A statement shall be rendered for each quarter whether or not any royalties are due. Such information shall be maintained in confidence by and on behalf of Licensor, subject to disclosure only as required by lawlaw or to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, Licensor acknowledges and agrees that Licensee shall not be selling the Licensed Products into the market. Sales will actually be made by Perfumaniaand Parlux and the books and records reflecting such sales shall be in the exclusive control and possession of Perfumania Parlux so that any reporting required herein shall be generated by Perfumania Parlux based on the accounting records of PerfumaniaParlux. Licensee and Perfumania Parlux shall deliver to Licensor, not later than ninety (90) days after the close of each Sales Year during the Term of this Agreement (or portion thereof in the event of prior termination for any reason), a statement, prepared in accordance with GAAP, signed by a duly authorized officer relating to said entire Sales Year, setting forth the same information required to be submitted by Licensee in accordance with the first paragraph of this Article and also setting forth the information concerning expenditures for the Consumer Advertising and Promotion of Licensed Products during such Sales Year required by Article 11 hereof.

Appears in 1 contract

Samples: Sublicense (Parlux Fragrances Inc)

Sales Statement. Licensee shall deliver to Licensor and Artist at the time each Sales Royalty payment is due, a reasonably detailed report in accordance with Generally Accepted Accounting Principles signed by an officer of Licensee and Perfumania Parlux and certified as true, accurate and complete, identifying separately by SKU number the items, quantities and Net Sales of each style of Licensed Product broken out by customer account and by country sold by Licensee and/or its Affiliates, Subsidiaries, distributors and/or sub-sub- licensees during the quarter for which payment is being made and then at the end of each Sales Year for the entire Sales Yearmade, and any other information reasonably requested by Licensor in connection therewith. Each such report shall include, in addition to the total number of each Licensed Product sold and the royalty due thereon, a detailed presentation of the computation of royalties, including the quantities and Net Sales of each item sold, and the application of any credits. A statement shall be rendered for each quarter whether or not any royalties are due. Such information shall be maintained in confidence by and on behalf of Licensor, subject to disclosure only as required by lawlaw or to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, Licensor acknowledges and agrees that Licensee shall not be selling the Licensed Products into the market. Sales will actually be made by Perfumaniaand Parlux and the books and records reflecting such sales shall be in the exclusive control and possession of Perfumania Parlux so that any reporting required herein shall be generated by Perfumania Parlux based on the accounting records of PerfumaniaParlux. Licensee and Perfumania Parlux shall deliver to Licensor, not later than ninety (90) days after the close of each Sales Year during the Term of this Agreement (or portion thereof in the event of prior termination for any reason), a statement, prepared in accordance with GAAP, signed by a duly authorized officer relating to said entire Sales Year, setting forth the same information required to be submitted by Licensee in accordance with the first paragraph of this Article and also setting forth the information concerning expenditures for the Consumer Advertising and Promotion of Licensed Products during such Sales Year required by Article 11 hereof.

Appears in 1 contract

Samples: Sublicense (Parlux Fragrances Inc)

Sales Statement. Licensee shall deliver to Licensor and Artist at the time each Sales Royalty payment is due, a reasonably detailed report in accordance with Generally Accepted Accounting Principles signed by an officer of Licensee and Perfumania and certified as true, accurate and complete, identifying separately by SKU number the items, quantities and Net Sales of each style of Licensed Product broken out by customer account and by country sold by Licensee and/or its Affiliates, Subsidiaries, distributors and/or sub-licensees during the quarter for which payment is being made and then at the end of each Sales Year for the entire Sales Year, and any other information reasonably requested by Licensor in connection therewith. Each such report shall include, in addition to the total number of each Licensed Product sold and the royalty due thereon, a detailed presentation of the computation of royalties, including the quantities and Net Sales of each item sold, and the application of any credits. A statement shall be rendered for each quarter whether or not any royalties are due. Such information shall be maintained in confidence by and on behalf of Licensor, subject to disclosure only as required by law. Notwithstanding the foregoing, Licensor acknowledges and agrees that Licensee shall not be selling the Licensed Products into the market. Sales will actually be made by Perfumaniaand Perfumania and the books and records reflecting such sales shall be in the exclusive control and possession of Perfumania so that any reporting required herein shall be generated by Perfumania based on the accounting records of Perfumania. Licensee and Perfumania shall deliver to Licensor, not later than ninety (90) days after the close of each Sales Year during the Term of this Agreement (or portion thereof in the event of prior termination for any reason), a statement, prepared in accordance with GAAP, signed by a duly authorized officer relating to said entire Sales Year, setting forth the same information required to be submitted by Licensee in accordance with the first paragraph of this Article and also setting forth the information concerning expenditures for the Consumer Advertising and Promotion of Licensed Products during such Sales Year required by Article 11 hereof. * Confidential terms omitted and provided separately to the Securities and Exchange Commission.

Appears in 1 contract

Samples: Licensing Agreement (Perfumania Holdings, Inc.)

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Sales Statement. Licensee shall deliver to Licensor and Artist at the time each Sales Royalty payment is due, a reasonably detailed report in accordance with Generally Accepted Accounting Principles signed by an officer of Licensee and Perfumania Parlux and certified as true, accurate and complete, identifying separately by SKU number the items, quantities and Net Sales of each style of Licensed Product broken out by customer account and by country sold by Licensee and/or its Affiliates, Subsidiaries, distributors and/or sub-licensees during the quarter for which payment is being made and then at the end of each Sales Year for the entire Sales Yearmade, and any other information reasonably requested by Licensor in connection therewith. Each such report shall include, in addition to the total number of each Licensed Product sold and the royalty due thereon, a detailed presentation of the computation of royalties, including the quantities and Net Sales of each item sold, and the application of any credits. A statement shall be rendered for each quarter whether or not any royalties are due. Such information shall be maintained in confidence by and on behalf of Licensor, subject to disclosure only as required by law. Notwithstanding the foregoing, Licensor acknowledges and agrees that Licensee shall not be selling the Licensed Products into the market. Sales will actually be made by Perfumaniaand Parlux and the books and records reflecting such sales shall be in the exclusive control and possession of Perfumania Parlux so that any reporting required herein shall be generated by Perfumania Parlux based on the accounting records of PerfumaniaParlux. Licensee and Perfumania Parlux shall deliver to Licensor, not later than ninety (90) days after the close of each Sales Year during the Term of this Agreement (or portion thereof in the event of prior termination for any reason), a statement, prepared in accordance with GAAP, signed by a duly authorized officer relating to said entire Sales Year, setting forth the same information required to be submitted by Licensee in accordance with the first paragraph of this Article and also setting forth the information concerning expenditures for the Consumer Advertising and Promotion of Licensed Products during such Sales Year required by Article 11 hereof.

Appears in 1 contract

Samples: Sublicense (Parlux Fragrances Inc)

Sales Statement. 5.1 Licensee shall deliver to Licensor and Artist St. John at the time xxxe each Sales Royalty payment is due, a reasonably detailed report in accordance with Generally Accepted Accounting Principles signed statement certified by an a duly authorized officer of Licensee and Perfumania and certified as trueaccurate, accurate and completeindicating, identifying separately by SKU number the items, quantities and Net Sales of each style of Licensed Product broken out by customer account month and by country outlet or customer, the number and invoice price of all Licensed Products shipped or sold by Licensee and/or its Affiliates, Subsidiaries, distributors and/or sub-licensees (whichever occurs first) during the quarter period covered by such Sales Royalty payment, the amount of discounts and credits from gross sales which may be deducted therefrom, a computation of the amount of Sales Royalty payable hereunder for which payment is being made and then at the end of each Sales Year for the entire Sales Yearsaid period, and any such other information reasonably requested by Licensor in connection therewithas St. John may xxxxxnably request from time to time. Each such report shall include, in addition to the total number of each Licensed Product sold and the royalty due thereon, a detailed presentation of the computation of royalties, including the quantities and Net Sales of each item sold, and the application of any credits. A Such statement shall be rendered for each quarter whether or furnished to St. John whethxx xr not any royalties are Licensed Products have been sold during the period for which such statement is due. Such information shall be maintained in confidence by and on behalf of LicensorTogether with each such statement, subject to disclosure only as required by law. Notwithstanding the foregoing, Licensor acknowledges and agrees that Licensee shall not be selling the Licensed Products into the market. Sales will actually be made by Perfumaniaand the books and records reflecting such sales shall be in the exclusive control and possession of Perfumania so that any reporting required herein shall be generated by Perfumania based on the accounting records of Perfumania. Licensee and Perfumania shall deliver to LicensorSt. John a copy xx Licensee's then current customer list for Licensed Products. 5.2 Licensee shall deliver to St. John, not later lxxxx than ninety forty-five (9045) days after the close of each Sales Year during the Term of this Agreement Annual Period (or portion thereof in the event of prior termination for any reason), a statement, prepared in accordance with GAAP, signed statement certified by a duly authorized its chief executive or financial officer relating to said entire Sales YearAnnual Period, setting forth the same information required to be submitted by Licensee in accordance with the first paragraph of this Article Section 5.1 above and also setting forth forth, with respect to the information concerning expenditures for the Consumer Advertising advertising and Promotion promotion of Licensed Products Products, the total amount expended by Licensee therefor during such Sales Year required Annual Period, including and stating separately those amounts paid for cooperative, trade and national consumer media advertisements. Receipt, negotiation or acceptance by Article 11 hereofSt. John of any xx the statements furnished, or of any sums paid to St. John, xxxxuant to this Agreement will not preclude St. John from xxxxtioning their correctness.

Appears in 1 contract

Samples: License Agreement (Swiss Army Brands Inc)

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