Service Revenue. The Restricted Shares earned under the Service Revenue metric shall be determined based upon the Company’s cumulative Service Revenue for the Performance Period, as determined by the Committee, and the Service Revenue Restricted Shares matrix attached hereto as Exhibit A.

Service Revenue. CITY and CONTRACTOR covenant and agree that service revenue collected at the time of service shall be collected by the CONTRACTOR through a separate payment processor subaccount to be held in trust for the benefit of the CITY’s On-Demand Rideshare Project. CONTRACTOR shall provide monthly statements detailing how much service revenue was collected for the month, how the service revenue is being applied to the project and any expenditures made, and providing the remaining balance of the subaccount. During the term of the Second Renewal and Modification, the following distributions shall be made: 100% of all service revenue collected shall be retained by the CONTRACTOR and used as a funding source for the Initial Contract Amount in Section II.A. Service revenue shall be applied towards Contractor fees, defined in Exhibit “A” Section 3, on a monthly basis. Provided however, CITY shall have final determination on how the service revenue is used. Service revenue collected and retained by the CONTRACTOR shall not be used or distributed without written approval of the City Manager or his designee. CONTRACTOR estimates that it will collect Six Hundred Sixty-Seven Thousand One Hundred Thirty-Six Dollars ($667,136) in service revenue during the 12-month term of this Second Renewal and Modification, which will be retained by the CONTRACTOR for the purposes of growing the On-Demand Rideshare Project. Neither CITY nor CONTRACTOR shall be responsible or liable for any difference between the estimated service revenue and the actual service revenue collected. At the expiration or earlier termination of the Contract and any renewals, any unspent service revenue remaining with the CONTRACTOR shall be distributed to the CITY.

Service Revenue. (A) If the Conestoga Acquisition Date shall not have occurred, the Borrower will not permit Aggregate Service Revenue for the four fiscal quarter period ending at the end of each fiscal quarter of the Borrower set forth below to be less than Aggregate Service Revenue set forth opposite such date: Minimum Aggregate Quarter Ending Service Revenue 6/30/01 $160 million 9/30/01 $172 million 12/31/01 $186 million 3/31/02 $198 million 6/30/02 $211 million 9/30/02 $223 million 12/31/02 $236 million

Service Revenue. The Borrower will not permit Aggregate Service Revenue for the four fiscal quarter period ending at the end of each fiscal quarter of the Borrower set forth below to be less than Aggregate Service Revenue set forth opposite such date: Minimum Aggregate Quarter Ending Service Revenue 6/30/01 $160 million 9/30/01 $172 million 12/31/01 $186 million 3/31/02 $198 million 6/30/02 $211 million 9/30/02 $223 million 12/31/02 $236 million

Service Revenue. The Parent Guarantors and the Borrower shall not suffer the aggregate amount of Service Revenue of Motient and its Consolidated Subsidiaries determined on the basis of a one (1) month period ending on any date set forth below to be less than the amount set forth below for such one month period: Date Amount (in $000s) ---- ----------------- January 31, 2003 $4,400 February 28, 2003 $4,450 March 31, 2003 $4,550 April 30, 2003 $4,650 May 31, 2003 $4,800 June 30, 2003 $4,850 July 31, 2003 $4,950 August 31, 2003 $5,100 September 30, 2003 $5,250 October 31, 2003 $5,400 November 30, 2003 $5,500 December 31, 2003 $5,700 In addition, the Parent Guarantors and the Borrower shall not suffer the aggregate amount of Service Revenue of Motient and its Consolidated Subsidiaries determined on the basis of a three (3) month period ending on any date set forth below to be less than the amount set forth below for such three-month period: March 31, 2004 $17,500 June 30, 2004 $19,000 September 30, 2004 $20,000 December 31, 2004 $22,000 Every Quarter Thereafter $23,500 The Borrower and the Lenders shall mutually review in good faith such Service Revenue amounts on a quarterly basis and may adjust the minimum Service Revenue amounts set forth above upon mutual agreement. Notwithstanding the foregoing, to the extent that for any monthly period set forth above the actual amount of Service Revenue of Motient and its Consolidated Subsidiaries exceeds the dollar amount set forth above with respect to such monthly period (such excess amount being referred to herein as the "Service Revenue Surplus"), such Service Revenue Surplus may be carried over and counted towards satisfying the minimum Service Revenue targets in succeeding monthly periods within the same fiscal quarter in which such Service Revenue Surplus arose.

Related to Service Revenue

Sublicense Revenue In the event Licensee or an Affiliate of Licensee sublicenses under Section 2.2, Licensee shall pay CareFusion **THE CONFIDENTIAL PORTION HAS BEEN SO OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION.** of any Sublicense Revenues resulting from sublicense agreements executed by Licensee.
Minimum Revenue Borrower and its Subsidiaries shall have annual Revenue from sales of the Product (for each respective calendar year, the “Minimum Required Revenue”):
Gross Revenues All revenues, receipts, and income of any kind derived directly or indirectly by Lessee from or in connection with the Hotel (including rentals or other payments from tenants, lessees, licensees or concessionaires but not including their gross receipts receipts and not including rentals or other payments under Space Leases) whether on a cash basis or credit, paid or collected, determined in accordance with generally accepted accounting principles, excluding, however: (i) funds furnished by Lessor, (ii) federal, state and municipal excise, sales, and use taxes collected directly from patrons and guests or as a part of the sales price of any goods, services or displays, such as gross receipts, admissions, cabaret or similar or equivalent taxes and paid over to federal, state or municipal governments, (iii) the amount of all credits, rebates or refunds to customers, guests or patrons, and all service charges, finance charges, interest and discounts attributable to charge accounts and credit cards, to the extent the same are paid to Lessee by its customers, guests or patrons, or to the extent the same are paid for by Lessee to, or charged to Lessee by, credit card companies, (iv) gratuities or service charges actually paid to employees, (v) proceeds of insurance and condemnation, (vi) proceeds from sales other than sales in the ordinary course of business, (vii) all loan proceeds from financing or refinancings of the Hotel or interests therein or components thereof, (viii) judgments and awards, except any portion thereof arising from normal business operations of the Hotel, and (ix) items constituting “allowances” under the Uniform System.
EBITDA With respect to REIT and its Subsidiaries for any period (without duplication): (a) Net Income (or Loss) on a Consolidated basis, in accordance with GAAP, exclusive of the following (but only to the extent included in determination of such Net Income (Loss)): (i) depreciation and amortization expense; (ii) Interest Expense; (iii) income tax expense; (iv) Acquisition Closing Costs and extraordinary or non-recurring gains and losses (including, without limitation, gains and losses on the sale of assets) and income and expense allocated to minority owners; and (v) other non-cash items to the extent not actually paid as a cash expense; plus (b) such Person’s pro rata share of EBITDA of its Unconsolidated Affiliates as provided below. With respect to Unconsolidated Affiliates and Subsidiaries of Borrower that are not Wholly Owned Subsidiaries, EBITDA attributable to such entities shall be excluded but EBITDA shall include a Person’s Equity Percentage of Net Income (or Loss) from such Unconsolidated Affiliates or such Subsidiary of Borrower that is not a Wholly Owned Subsidiary plus its Equity Percentage of (i) depreciation and amortization expense; (ii) Interest Expense; (iii) income tax expense; (iv) Acquisition Closing Costs and extraordinary or non-recurring gains and losses (including, without limitation, gains and losses on the sale of assets) and income and expense allocated to minority owners; and (v) other non-cash items to the extent not actually paid as a cash expense.
Net Operating Income For any Real Estate and for a given period, an amount equal to the sum of (a) the rents, common area reimbursements, and service and other income for such Real Estate for such period received in the ordinary course of business from tenants or licensees in occupancy paying rent (excluding pre-paid rents and revenues and security deposits except to the extent applied in satisfaction of tenants’ or licensees’ obligations for rent and any non-recurring fees, charges or amounts including, without limitation, set-up fees and termination fees) minus (b) all expenses paid or accrued and related to the ownership, operation or maintenance of such Real Estate for such period, including, but not limited to, taxes, assessments and the like, insurance, utilities, payroll costs, maintenance, repair and landscaping expenses, marketing expenses, and general and administrative expenses (including an appropriate allocation for legal, accounting, advertising, marketing and other expenses incurred in connection with such Real Estate, but specifically excluding general overhead expenses of REIT and its Subsidiaries, any property management fees and non recurring charges), minus (c) the greater of (i) actual property management expenses of such Real Estate, or (ii) an amount equal to three percent (3.0%) of the gross revenues from such Real Estate excluding straight line leveling adjustments required under GAAP and amortization of intangibles pursuant to FAS 141R, minus (d) all rents, common area reimbursements and other income for such Real Estate received from tenants or licensees in default of payment or other material obligations under their lease, or with respect to leases as to which the tenant or licensee or any guarantor thereunder is subject to any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation or similar debtor relief proceeding.
Performance Excused The Affected Party, to the extent rendered unable to perform its obligations or part thereof under this Agreement as a consequence of the Force Majeure Event shall be excused from performance of the obligations. Provided that, the excuse from performance shall be of no greater scope and of no longer duration than is reasonably warranted by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event.
Adjusted EBITDA The 2019 adjusted EBITDA for the Affiliated Club Sellers shall total an aggregate of not less than $10,700,000.
Measurement Period (b) In this Agreement, unless the contrary intention appears, a reference to:
Revenue All revenue from the event activities may be retained by Permittee.
Measurement Should the State terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the State shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the State terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty days.

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