Sharing of Revenue Sample Clauses

Sharing of Revenue. (a) The Investment Manager shall (i) pay or cause to be paid to the Acquisition Company out of any amounts allocable to him from the gross revenue of Prospector Partners and Prospector Associates in respect of each calendar year, no later than 30 days after the issuance of audited financial statements for Prospector Partners Fund, L.P., Prospector Partners Small Cap Fund, L.P., and Prospector Offshore Fund (Bermuda), Ltd., and any other fund that the Investment Manager shall be actively involved in the investment management during the Agreement Term (hereinafter any such funds shall collectively be
Sample 1
AutoNDA by SimpleDocs
Sharing of Revenue. (a) Target Currency Conversion Margin. As described in Appendix V of the Multi-Currency Agreement, Processing and Other Revenue Fees, the Target Currency Conversion Margin with respect to the Program will be set by agreement between Planet Payment and the Acquirer. Pursuant to this Amendment, the Target Currency Conversion Margin set in the Multi- Currency Agreement at [*] of the Purchase Amount of Foreign Transactions shall be increased to [*]. The Target Currency Conversion Margin can be amended from time to time by written mutual agreement. Such change shall take effect as soon as reasonably practicable after the execution of this Amendment and in any event within ten (10) business days after the date hereof. (b) [*]. For Acquirer’s participation in the Program in accordance with the terms of the Multi-Currency Agreement and hereof, Acquirer shall be entitled to receive [*] to [*] of the Purchase Amount, [*]. The Acquirer is entitled to receive [*] and the Target Currency Conversion Margin is [*]. Such additional fee shall be calculated after Planet Payment’s basic DCC Revenue Share of [*] (pursuant to Section 12(b)(1) of Appendix V and before allocation of the additional Gross Fx margin pursuant to Section 12(b) of Appendix V).
Sample 1
Sharing of Revenue. 3.1 Within each Year of the Term, commencing on the Commencement Date, the County shall pay to the Village an amount equivalent to one hundred (100%) percent of all Municipal Tax Revenue actually collected by the County from the Identified Area. 3.2 All amounts designated as forming part of the Revenue Sharing Amount and collected by the County shall be paid to the Village by the 31st day of July during each year of the Term (the "Payment Date"). 3.3 Any portion of the Revenue Sharing Amount received by the County after the Payment Date shall be paid to the Village within ninety (90) days of the County receiving payment. 3.4 The Village acknowledges and agrees that the payment of the Revenue Sharing Amount or portions thereof is dependent on such amounts being paid to and collected by the County from lessees within the Identified Area. The County makes no guarantees regarding the timing of payments, but the County agrees to use reasonable efforts to recover tax arrears from the Identified Area in accordance with the Act. The Village agrees to rely on any contractual rights it has as a landlord to ensure that taxes are paid by lessees to the County within the deadlines imposed under the County's property tax bylaw. 3.5 Notwithstanding anything to the contrary within this Agreement, the Village shall only be entitled to payments within five (5) years from the date of this Agreement and the Village shall make no demands against the County for payment thereafter. 3.6 The parties acknowledge and agree that the payments outlined in this Clause 3 of this Tax Revenue Sharing Agreement constitute a voluntary sharing of tax revenue and that the payments outlined shall remain the revenue of the County and not that of the Village. 3.7 While the County has agreed to pay the Revenue Sharing Amount for each year of the Term, nothing in this Agreement shall be relied upon as a representation that the County will continue to pay the Revenue Sharing Amount or any amount to the Village beyond the end of the Term.
Sample 1
Sharing of Revenue. If, during the Initial Term, NASD implements fees which relate solely to issuers, trade reporting, comparison, quote collection and dissemination of OTCBB Eligible Securities and OTC Equity Securities and which are not related to adjustments or modifications to pre-existing fees (“New Fees”), NASD will remit to Nasdaq (if NASD collects fees directly) or Nasdaq shall withhold from passing through to NASD (if Nasdaq collects fees on NASD’s behalf) fifteen percent (15%) of the incremental increase in gross revenues driven solely by the new fees during the Initial Term. Nasdaq shall report such additional fees and provide an accounting of any such additional fees in a separate section on the Revenue Report in accordance with Section 4 supra. In the event NASD decides to implement New Fees and needs Nasdaq to xxxx for such New Fees, the parties will handle the matter as an Enhancement and as part of the Change Control Procedures.
Sample 1
Sharing of Revenue. Project number: Title of the project: Is TDS already deducted by client(Yes/No): ______________ If yes, mention the amount of TDS deducted (in INR): __________ Payout against amount credited to Xxxxxxxx Unversity (INR):__________________ Signatures of all project heads: Project number: Project name: Project head: Project amount: Details of expenditure borne by university:
Sample 1
Sharing of Revenue. 5.1. XFM shall be entitled to receive fifty-eight percent (58%) and SW shall be entitled to receive forty-two percent (42%) of all Net Revenue arising from the exploitation of any right relating to the Programs in any and all media now existing or hereafter developed any where in the universe or anywhere in any virtual environment, including online video game settings, except as set forth in Section 5.2 below. 5.2. For all Net Revenues realized from licensing of rights not directly associated with the distribution of Programs ("NON-DISTRIBUTION RIGHTS"), including, without limitation, Net Revenues realized from the placement of products in Programs and any Anti-Piracy PSA contracts created and aired XFM shall receive fifty-eight percent (58%) and SW shall receive forty-two percent (42%) of the Net Revenues; provided, however, advertising revenue from the broadcast of Programs will be retained by XFM in its entirety. 5.3. Within thirty (30) days following the end of each Calendar Quarter during the Term (the "ACCOUNTING PERIOD"), any Party who licenses Distribution Rights or Non-Distribution Rights (the "Licensing Party") shall furnish to the other Party (the "NON-LICENSING PARTY") a complete and accurate statement (each a "FEE STATEMENT") certified by an officer of Licensing Party, showing, with respect to all Programs licensed by Licensing Party: the (i) identity of each recipient of any Distribution Rights or Non-Distribution Rights, as applicable; (ii) each such recipient's location; (iii) Licensed Program description; (iv) the license fee received by Licensing Party during the Accounting Period; and (v) the portion of such license fee payable to the Non-Licensing Party. (a) Licensing Party shall pay Non-Licensing Party the amount shown on the Fee Statement concurrently with the delivery of such Fee Statement. Licensing Party shall make all payments to Non-Licensing Party hereunder in U.S. dollars with respect to Net Revenues. In calculating the amount of U.S. dollars to be paid to Non-Licensing Party, Licensing Party shall calculate the Net Revenues due in the national currency of the country of the Territory and then convert it into U.S. dollars based upon the exchange rate quoted by Bloomberg as of the date the Net Revenue payments are due except as otherwise provided in Subparagraphs (b) or (d) below, and Licensing Party shall furnish Non-Licensing Party with external evidence with respect to the authenticity of the exchange rates used, such as a ba...
Sample 1
Sharing of Revenue 
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs

Related to Sharing of Revenue

  • Sharing of Earnings The Borrower shall procure that no Owner shall: (a) enter into any agreement or arrangement for the sharing of any Earnings; (b) enter into any agreement or arrangement for the postponement of any date on which any Earnings are due; the reduction of the amount of any Earnings or otherwise for the release or adverse alteration of any right of that Owner to any Earnings; or (c) enter into any agreement or arrangement for the release of, or adverse alteration to, any guarantee or Security Interest relating to any Earnings.

  • Sharing of Recoveries Each Purchaser agrees that if it receives any recovery, through set-off, judicial action or otherwise, on any amount payable or recoverable hereunder in a greater proportion than should have been received hereunder or otherwise inconsistent with the provisions hereof, then the recipient of such recovery shall purchase for cash an interest in amounts owing to the other Purchasers (as return of Capital or otherwise), without representation or warranty except for the representation and warranty that such interest is being sold by each such other Purchaser free and clear of any Adverse Claim created or granted by such other Purchaser, in the amount necessary to create proportional participation by the Purchaser in such recovery. If all or any portion of such amount is thereafter recovered from the recipient, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

  • Sharing of Overtime Overtime work shall be allocated equitably to qualified employees considering their availability and location.

  • Sharing of Payments Other than as expressly provided elsewhere herein, if any Lender of any Class shall obtain payment in respect of any principal of or interest on account of the Loans of such Class made by it or the participations in L/C Obligations held by it (whether voluntary, involuntary, through the exercise of any right of setoff, or otherwise) in excess of its ratable share (or other share contemplated hereunder) thereof, such Lender shall immediately (1) notify the Administrative Agent of such fact, and (2) purchase from the other Lenders such participations in the Loans of such Class made by them or such subparticipations in the participations in L/C Obligations held by them, as the case may be, as shall be necessary to cause such purchasing Lender to share the excess payment in respect of any principal of or interest on such Loans of such Class or such participations, as the case may be, pro rata with each of them; provided that if all or any portion of such excess payment is thereafter recovered from the purchasing Lender under any of the circumstances described in Section 10.06 (including pursuant to any settlement entered into by the purchasing Lender in its discretion), such purchase shall to that extent be rescinded and each other Lender shall repay to the purchasing Lender the purchase price paid therefor, together with an amount equal to such paying Lender’s ratable share (according to the proportion of (a) the amount of such paying Lender’s required repayment to (b) the total amount so recovered from the purchasing Lender) of any interest or other amount paid or payable by the purchasing Lender in respect of the total amount so recovered, without further interest thereon. For the avoidance of doubt, the provisions of this Section 2.13 shall not be construed to apply to (i) any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement as in effect from time to time (including the application of funds arising from the existence of a Defaulting Lender) or (ii) any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans to any assignee or participant permitted hereunder. The Borrower agrees that any Lender so purchasing a participation from another Lender pursuant to this Section 2.13 may, to the fullest extent permitted by applicable Law, exercise all its rights of payment (including the right of setoff, but subject to Section 10.10) with respect to such participation as fully as if such Lender were the direct creditor of the Borrower in the amount of such participation. The Administrative Agent will keep records (which shall be conclusive and binding in the absence of manifest error) of participations purchased under this Section 2.13 and will in each case notify the Lenders following any such purchases or repayments. Each Lender that purchases a participation pursuant to this Section 2.13 shall from and after such purchase have the right to give all notices, requests, demands, directions and other communications under this Agreement with respect to the portion of the Obligations purchased to the same extent as though the purchasing Lender were the original owner of the Obligations purchased. For purposes of clause (3) of the definition of Excluded Taxes, any participation acquired by a Lender pursuant to this Section 2.13 shall be treated as having been acquired on the earlier date(s) on which the applicable interest(s) in the Commitment(s) or Loan(s) to which such participation relates were acquired by such Lender.

  • Sharing of Payments, Etc If any Lender shall obtain any payment (whether voluntary, involuntary, through the exercise of any right of setoff, or otherwise) on account of the Advance owing to it (other than pursuant to Section 2.09, 2.12 or 8.04(c)) in excess of its ratable share of payments on account of the Advances obtained by all the Lenders, such Lender shall forthwith purchase from the other Lenders such participations in the Advances owing to them as shall be necessary to cause such purchasing Lender to share the excess payment ratably with each of them; provided, however, that if all or any portion of such excess payment is thereafter recovered from such purchasing Lender, such purchase from each Lender shall be rescinded and such Lender shall repay to the purchasing Lender the purchase price to the extent of such recovery together with an amount equal to such Lender's ratable share (according to the proportion of (a) the amount of such Lender's required repayment to (b) the total amount so recovered from the purchasing Lender) of any interest or other amount paid or payable by the purchasing Lender in respect of the total amount so recovered. The Borrower agrees that any Lender so purchasing a participation from another Lender pursuant to this Section 2.13 may, to the fullest extent permitted by law, exercise all its rights of payment (including the right of setoff) with respect to such participation as fully as if such Lender were the direct creditor of the Borrower in the amount of such participation.

  • Sharing of Set-Offs In addition to any rights now or hereafter granted under Applicable Law or otherwise, and not by way of limitation of any such rights, upon the occurrence and during the continuance of any Event of Default, each Lender is hereby authorized at any time or from time to time, without presentment, demand, protest or other notice of any kind to the Borrower or to any other Person, any such notice being hereby expressly waived, to set off and to appropriate and apply any and all deposits (general or special, time or demand, provisional or final) and any other Indebtedness at any time held or owing by such Lender (including, without limitation, by branches and agencies of such Lender wherever located) to or for the credit or the account of the Borrower against and on account of the Obligations of the Borrower then due and payable to such Lender under this Agreement or under any of the other Loan Documents, including, without limitation, all interests in Obligations purchased by such Lender. Each Lender agrees that if it shall, by exercising any right of set-off or counterclaim or otherwise, receive payment of a proportion of the aggregate amount of principal, interest, fees and other amounts due with respect to any Loan held by it which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal, interest, fees and other amounts due with respect to the Loans held by such other Lender, the Lender receiving such proportionately greater payment shall purchase such participations in the Loans held by the other Lenders, and such other adjustments shall be made, as may be required so that all such payments of principal, interest, fees and other amounts with respect to the Loans held by the Lenders shall be shared by the Lenders pro rata; provided that nothing in this Section 12.4 shall impair the right of any Lender to exercise any right of set-off or counterclaim it may have and to apply the amount subject to such exercise to the payment of Indebtedness of the Borrower other than its Indebtedness under the Loans. The Borrower agrees, to the fullest extent it may effectively do so under Applicable Law, that any holder of a participation in a Loan, whether or not acquired pursuant to the foregoing arrangements, may exercise rights of set-off or counterclaim and other rights with respect to such participation as fully as if such holder of a participation were a direct creditor of the Borrower in the amount of such participation. Notwithstanding anything to the contrary contained herein, any Lender may, by separate agreement with the Borrower, waive its right to set off contained herein or granted by law and any such written waiver shall be effective against such Lender under this Section 12.4. For the avoidance of doubt, for purposes of this Section 12.4, a pro rata allocation will mean an allocation of the amount received by such set-off or counterclaim and other rights as if such amount had been applied as a prepayment of the Loans under Section 2.7.

  • Sharing of Set-Off Each Lender agrees with each other Lender a party hereto that if such Lender shall receive and retain any payment, whether by set-off or application of deposit balances or otherwise, on any of the Loans or Reimbursement Obligations in excess of its ratable share of payments on all such Obligations then outstanding to the Lenders, then such Lender shall purchase for cash at face value, but without recourse, ratably from each of the other Lenders such amount of the Loans or Reimbursement Obligations, or participations therein, held by each such other Lenders (or interest therein) as shall be necessary to cause such Lender to share such excess payment ratably with all the other Lenders; provided, however, that if any such purchase is made by any Lender, and if such excess payment or part thereof is thereafter recovered from such purchasing Lender, the related purchases from the other Lenders shall be rescinded ratably and the purchase price restored as to the portion of such excess payment so recovered, but without interest. For purposes of this Section, amounts owed to or recovered by the L/C Issuer in connection with Reimbursement Obligations in which Lenders have been required to fund their participation shall be treated as amounts owed to or recovered by the L/C Issuer as a Lender hereunder.

  • Sharing of Payments by Xxxxxxx If any Lender of a Class shall, by exercising any right of set-off or counterclaim or otherwise, obtain payment in respect of any principal of or interest on any of its Loans, or participations in LC Disbursements or Swingline Loans, of such Class resulting in such Lender receiving payment of a greater proportion of the aggregate amount of its Loans, and participations in LC Disbursements and Swingline Loans, and accrued interest thereon of such Class then due than the proportion received by any other Lender of such Class, then the Lender receiving such greater proportion shall purchase (for cash at face value) participations in the Loans, and participations in LC Disbursements and Swingline Loans, of other Lenders of such Class to the extent necessary so that the benefit of all such payments shall be shared by the Lenders of such Class ratably in accordance with the aggregate amount of principal of and accrued interest on their respective Loans, and participations in LC Disbursements and Swingline Loans of such Class; provided that (i) if any such participations are purchased and all or any portion of the payment giving rise thereto is recovered, such participations shall be rescinded and the purchase price restored to the extent of such recovery, without interest, and (ii) the provisions of this paragraph shall not be construed to apply to any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement or any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans or participations in LC Disbursements to any assignee or participant, other than to the Borrower or any Subsidiary or Affiliate thereof (as to which the provisions of this paragraph shall apply). The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation. For the avoidance of doubt, the Borrower may make a Borrowing under the Dollar Commitments or Multicurrency Commitments (if otherwise permitted hereunder) and may use the proceeds of such Borrowing (x) with Dollar Commitments to prepay the Multicurrency Loans (without making a ratable prepayment of the Dollar Loans) or (y) with Multicurrency Commitments to prepay the Dollar Loans (without making a ratable payment to the Multicurrency Loans).

  • Allocation of Profits and Losses Distributions Profits/Losses. For financial accounting and tax purposes, the Company's net profits or net losses shall be determined on an annual basis and shall be allocated to the Members in proportion to each Member's relative capital interest in the Company as set forth in Schedule 2 as amended from time to time in accordance with U.S. Department of the Treasury Regulation 1.704-1.

  • Compensation for Losses Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any Loan other than a Base Rate Loan on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by the Borrower (for a reason other than the failure of such Lender to make a Loan) to prepay, borrow, continue or convert any Loan other than a Base Rate Loan on the date or in the amount notified by the Borrower; or (c) any assignment of a Eurodollar Rate Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to Section 10.13; including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan or from fees payable to terminate the deposits from which such funds were obtained. The Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. For purposes of calculating amounts payable by the Borrower to the Lenders under this Section 3.05, each Lender shall be deemed to have funded each Eurodollar Rate Loan made by it at the Eurodollar Rate for such Loan by a matching deposit or other borrowing in the London interbank eurodollar market for a comparable amount and for a comparable period, whether or not such Eurodollar Rate Loan was in fact so funded.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!