Actual Gross Profit definition

Actual Gross Profit has the meaning set forth in Section 1.05(c).
Sample 1
Actual Gross Profit means the actual Gross Profit of the Companies for calendar year 2005.
Sample 1
Actual Gross Profit means (i) product sales revenue generated from the sale of fuel, additives and diesel exhaust fluid to Energy Sector Customers, plus (ii) Field Service Fee Revenue, minus (iii) the cost of fuel sold to Energy Sector Customers which shall be capped based on a comparison with OPIS Low prices (as described on Schedule 1.1(i)), minus (iv) the cost of additives and diesel exhaust fluid sold to Energy Sector Customers, minus (v) Field Service Direct Labor Cost, minus (vi) a capital charge for any Actual Gross Profit generated in Texas based on the capital expenditures, in accordance with Sprague’s capital expenditure policies, directly used to support the Texas operations and amortized over an eight year period. For the avoidance of doubt, there shall be no indirect or direct overhead costs or any capital charges included in the calculation of Actual Gross Profit other than those listed above.
Sample 1

Examples of Actual Gross Profit in a sentence

  • The Committee shall determine the basis, methodology and calculation for, and any estimates used in, determining the prorated Actual Gross Profit Amount and prorated Minimum Gross Profit Level for the portion of the fiscal year preceding the Change in Control Date.

  • On or before April 15th of the calendar year following the applicable Earnout Year, Buyer shall provide Appointed Agent with an unaudited income statement of Buyer with respect to such applicable Earnout Year, together with a calculation of the Earnout Actual Net Sales, Earnout Actual Gross Profit, Earnout Actual Factor, Earnout Annual Ratio for such applicable Earnout Year and, in the case of the third Earnout Year, the Earnout Aggregate Ratio (the “Preliminary Earnout Statement”).

  • On or before April 15th of the calendar year following the applicable Earnout Year, Buyer shall provide Appointed Agent with an unaudited income statement of Buyer with respect to such Earnout Year, together with a calculation of the Earnout Actual Gross Sales, Earnout Actual Gross Profit and Earnout Payment Ratio for such Earnout Year (the “Preliminary Earnout Statement”).

  • The Parties agree that such income statement shall be prepared in accordance with GAAP as applied by Buyer on a consistent basis except (i) for the absence of footnote disclosure and (ii) expenses historically treated by Sellers as operating expenses that, under GAAP, are included in cost of sales (e.g., freight) shall be added to Earnout Actual Gross Profit for purposes of calculating the Annual Earnout Payments to which the Sellers are entitled, if any.

  • At the expiry of this policy the Insured shall declare the Actual Gross Profit Earned during the Policy Period suitably adjusted to reflect the period of indemnity and in the event of this being less than thesum insured thereon a return of premium not exceeding 50 per cent of the premium paid for the Policy Period will be made in respect of the differences.

  • In the event a dispute is submitted to the Referee in connection with the determination of the Actual Gross Profit Amount, the costs and expenses of the Referee will be borne by the Parties in such proportion as is appropriate to reflect the relative benefits received by the Pioneer Parties and the Representative on behalf of the Company Members and the UAR Holders from the resolution of the Earn-out Dispute.

  • The Purchaser shall have a period of 20 days after delivery of the Representative's proposed calculations of the Actual Gross Profit Dollars, Final Consideration and the Final Per Share Consideration to review such proposed calculations.

  • If, and only if, there is (i) a Year One Gross Profit Shortfall (and Actual Gross Profit for the First Calculation Period is at least 95% of the Annual Gross Profit Target) and (ii) a Year Two Gross Profit Overachievement, then an additional payment in respect of the First Calculation Period will be paid to the Stockholders following the Second Calculation Period.

  • If the ratio of the applicable Actual Gross Profit over the applicable Target Gross Profit is below 0.75 on the relevant Earnout Determination Date, Sellers will not be entitled to any additional cash consideration for the applicable period.

  • If at any time Pioneer Investment and the Representative resolve their dispute, then, notwithstanding the preceding provisions of this Section 2.12(b), the Referee’s involvement promptly shall be discontinued and the Earn-out Statement shall be revised, if necessary, to reflect such resolution and the Earn-out Statement and thereupon the calculation of the Actual Gross Profit Amount and whether any Earn-out Amount is due shall be final and binding for all purposes of this Agreement.


More Definitions of Actual Gross Profit

Actual Gross Profit is the gross profit of the Company during the applicable Calculation Period, as set forth on the Company’s financial statements for such period, which shall be prepared in accordance with GAAP as in effect on the Closing Date consistent with the Company’s past practice and the principles of preparation and sample calculations set forth on Schedule 1.05(c)(viii).
Sample 1
Actual Gross Profit means the total compensation actually received by the Company from projects for clients/agencies directed by Service Provider, less all direct costs of production (including, without limitation, the costs of talent and subcontracts, editorial, insurance per bid where the Company provides the insurance, Director’s Fees, DGA contributions, treatment, presentation and pitch costs for the Project and costs paid in connection with a Project that are not otherwise set forth in the budget for the Project, and all costs that fall within or that are listed as Items A-K (including any A-K broken out below the line on the then-applicable AICP bid form) (“Actualized Costs”), and less sales and overhead costs equal to eight percent (8%) of those items that fall within the budget categories identified as Items A-K of the awarded bid including any A-K items broken out below the line on the then applicable AICP bid form (“Overhead Fee”).
Sample 1
Actual Gross Profit means (i) product sales revenue generated from the sale of fuel, additives and diesel exhaust fluid to Energy Sector Customers, plus (ii) Field Service Fee Revenue, minus (iii) the cost of fuel sold to Energy Sector Customers which shall be capped based on a comparison with OPIS Low prices (as described on Schedule 1.1(i)), minus (iv) the cost of additives and diesel exhaust fluid sold to Energy Sector Customers, minus (v) Field Service Direct Labor Cost, minus (vi) a capital charge for any Actual Gross Profit generated in Texas based on the capital expenditures, in accordance with Xxxxxxx’x capital expenditure policies, directly used to support the Texas operations and amortized over an eight year period. For the avoidance of doubt, there shall be no indirect or direct overhead costs or any capital charges included in the calculation of Actual Gross Profit other than those listed above.
Sample 1
Actual Gross Profit means (i) product sales revenue generated from the sale of fuel, additives and diesel exhaust fluid to Energy Sector Customers, plus (ii) Field Service Fee Revenue, minus (iii) the cost of fuel sold to Energy Sector Customers which shall be capped based on a comparison with OPIS Low prices (as described on Schedule 1.1(i)), minus (iv) the cost of additives and diesel exhaust fluid sold to Energy Sector Customers, minus (v) Field Service Direct Labor Cost, minus (vi) a capital charge for any Actual Gross Profit generated in Texas based on the capital expenditures, in accordance with Xxxxxxx’x capital expenditure policies, directly used to support the Texas operations and amortized over an eight year period. For the avoidance of doubt, there shall be no indirect or direct overhead costs or any capital charges included in the calculation of Actual Gross Profit other than those listed above. “Affiliate” has the meaning set forth in Section 9.11(a). “Agreement” has the meaning set forth in the preamble of this Agreement. “Antitrust Laws” means the Xxxxxxx Antitrust Act, as amended; the Xxxxxxx Antitrust Act of 1914, as amended; the HSR Act; the Federal Trade Commission Act of 1914, as amended; and all other federal, state and foreign statutes, rules, regulations, orders, decrees, administrative and judicial doctrines, and other laws that are designed or intended to prohibit, restrict or regulate actions having the purpose or effect of monopolization or restraint of trade. “APKS” has the meaning set forth in Section 5.12. “Applicable Law” has the meaning set forth in Section 3.5. “Arbiter” has the meaning set forth in Section 2.7(e)(i). “Asset Sale” has the meaning set forth in Section 2.1(b). “Assignment and Assumption of Lease” has the meaning 2.5(c)(iv). “Assumed Liabilities” has the meaning set forth in Section 2.3. “Xxxxx” has the meaning set forth in Section 5.12. “Base Purchase Price” means $33.75 million. “Basket Amount” has the meaning set forth in Section 8.4(a). “Xxxx of Sale” has the meaning set forth in Section 2.5(c)(i).
Sample 1
Actual Gross Profit is the gross profit of the Company during the applicable Calculation Period, net of contractual allowances and discounts, and excluding investment, dividend and interest income, and gain or loss on asset disposal, as set forth on the Company’s financial statements for such period.
Sample 1

Related to Actual Gross Profit

  • Gross Profit means the sum produced by adding to the “net profit” the amount of the Insured “standing charges”, or if there be no “net profit”, the amount of the Insured “standing charges” less such a proportion of any net trading loss as the amount of the Insured “standing charges” bears to all the “standing charges” of the business.

  • Gross Profits means the gross profits calculated under section 4;

  • Gross Operating Profit For any Fiscal Year, the excess of Gross Revenues for such Fiscal Year over Gross Operating Expenses for such Fiscal Year.

  • Gross Operating Revenues means, for any period of time for any Hotel Property, without duplication, all income and proceeds of sales of every kind (whether in cash or on credit and computed on an accrual basis) received by the owner (or, if such Hotel Property is ground leased, the ground lessee) of such Hotel Property or the applicable Operating Lessee or Manager for the use, occupancy or enjoyment of such Hotel Property or the sale of any goods, services or other items sold on or provided from such Hotel Property in the ordinary course of operation of such Hotel Property, including, without limitation, all income received from tenants, transient guests, lessees, licensees and concessionaires and other services to guests at such Hotel Property, and the proceeds from business interruption insurance, but excluding the following: (i) any excise, sales or use taxes or similar governmental charges collected directly from patrons or guests, or as a part of the sales price of any goods, services or displays, such as gross receipts, admission, cabaret or similar or equivalent taxes; (ii) receipts from condemnation awards or sales in lieu of or under threat of condemnation; (iii) proceeds of insurance (other than business interruption insurance); (iv) other allowances and deductions as provided by the Uniform System in determining the sum contemplated by this definition, by whatever name, it may be called; (v) proceeds of sales, whether dispositions of capital assets, FF&E or equipment (other than sales of Inventory in the ordinary course of business); (vi) gross receipts received by tenants, lessees (other than Operating Lessees), licensees or concessionaires of the owner (or, if such Hotel Property is ground leased, the ground lessee) of such Hotel Property; (vii) consideration received at such Hotel Property for hotel accommodations, goods and services to be provided at other hotels although arranged by, for or on behalf of, and paid over to, the applicable Manager; (viii) tips, service charges and gratuities collected for the benefit of employees; (ix) proceeds of any financing; (x) working capital provided by the Parent Guarantor or any Subsidiary of the Parent Guarantor or the applicable Operating Lessee; (xi) amounts collected from guests or patrons of such Hotel Property on behalf of tenants of such Hotel Property and other third parties; (xii) the value of any goods or services in excess of actual amounts paid (in cash or services) provided by the applicable Manager on a complimentary or discounted basis; and (xiii) other income or proceeds resulting other than from the use or occupancy of such Hotel Property, or any part thereof, or other than from the sale of goods, services or other items sold on or provided from such Hotel Property in the ordinary course of business. Gross Operating Revenues shall be reduced by credits or refunds to guests at such Hotel Property.

  • Net Sales Revenue shall have the meaning as set out in Schedule "A"

  • Actual Uptime means, of the Total Operation Hours, the aggregate number of hours in any month during which each equipment is actually available for use.

  • Sales Revenue means receipts from the sale, lease, or rental of goods, services, or property;

  • Rate of Gross Profit means the gross profit earned expressed as a percentage of the turnover during the period between the date of the commencement of the business and the date of the incident.

  • Operating Revenue means amounts accrued or charge to customers, cli- ents, and tenants, for the sale of prod- ucts manufactured or purchased for re- sale, for services, and for rentals of property held primarily for leasing to others. It includes both reimbursable costs and fees under cost-type con- tracts and percentage-of-completion sales accruals except that it includesonly the fee for management contracts under which the contractor acts essen- tially as an agent of the Government in the erection or operation of Govern- ment-owned facilities. It excludes inci- dental interest, dividends, royalty, and rental income, and proceeds from the sale of assets used in the business.

  • Actual/360 means that interest is calculated on the basis of the actual number of days elapsed in a year of 360 days.

  • Net Revenue means an entity’s total revenue less its operating expenses, interest paid, depreciation, and taxes. “Net Revenue” is synonymous with “Profit.”

  • Actual Minimum means, as of any date, the maximum aggregate number of shares of Common Stock then issued or potentially issuable in the future pursuant to the Transaction Documents, including any Underlying Shares issuable upon exercise in full of all Warrants, without giving effect to (x) any limits on the number of shares of Common Stock that may be owned by a Holder at any one time, or (y) any additional Underlying Shares that could be issuable as a result of any future possible adjustments made under Section 9(d).

  • Sublicensing Revenue means all amounts (including, without limitation, payments received for the purchase of equity in excess of the fair market value of such equity, license fees, milestone and other time or event based payments and royalties on sales of products, but excluding any research funding payments received and actually used for such purpose) received by a Party under an agreement or license attributable to Collaboration Products or from sales of Collaboration Products to end users less any withholding tax or other tax related reductions.

  • Gross laden weight means the actual weight of a vehicle or combination of

  • Gross weight means the aggregate weight of a vehicle or combination of vehicles and the load

  • Net Revenues means revenues less related expenses, including

  • Annual Net Sales means, with respect to any Calendar Year, the aggregate amount of the Net Sales for such Calendar Year.

  • Actual weight means the actual unladen weight of a vehicle or combination of

  • Operating Profit means the excess of Gross Revenues over the following deductions (“Deductions”) incurred by Manager, on behalf of Owner, in operating the Hotel:

  • Total Revenue bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007;

  • Gross Income from Operations means, during any period, all sustainable income as reported on the financial statements delivered by Borrower in accordance with this Agreement, computed in accordance with GAAP, derived from the ownership and operation of the Property from whatever source during such period, including (i) Rents from Tenants that are in occupancy, open for business and paying full contractual rent without right of offset or credit, (ii) utility charges, (iii) escalations, (iv) forfeited security deposits, (v) interest on credit accounts, (vi) service fees or charges, (vii) license fees, (viii) parking fees, (ix) rent concessions or credits, (x) income from vending machines, (xi) business interruption or other loss of income or rental insurance proceeds, (xii) other required pass-throughs and (xiii) interest on Reserve Funds, if any, but excluding (i) Rents from month-to-month Tenants, Tenants during a free-rent period, or Tenants that are included in any Bankruptcy Action, (ii) sales, use and occupancy or other taxes on receipts required to be accounted for by Borrower to any Governmental Authority, (iii) refunds and uncollectible accounts, (iv) sales of furniture, fixtures and equipment, (v) Insurance Proceeds (other than business interruption or other loss of income or rental insurance), (vi) Awards, (vii) unforfeited security deposits, (viii) utility and other similar deposits and (ix) any disbursements to Borrower from the Reserve Funds, if any. Gross income shall not be diminished as a result of the Security Instrument or the creation of any intervening estate or interest in the Property or any part thereof.

  • Actual miles means the actual distance a vehicle has traveled while in operation.

  • Total Revenues means revenues from all taxes and fees, excluding revenue from funds managed by local government on behalf of a specific third party, and does not include the proceeds from borrowing or asset sales.

  • Relevant Year t means the Financial Year for the purposes of which any calculation falls to be made; "Relevant Year t-1" means the Financial Year preceding Relevant Year t, and similar expressions shall be construed accordingly;

  • Net Sales means [***].

  • own-source revenue means adjusted underlying revenue other than revenue that is not under the control of council (including government grants)