Annual Gross Sales definition

Annual Gross Sales means the total Gross Sales of all Licensed Products directed (whether solely or jointly with any other Licensed Targets) to a particular Licensed Target in a particular Year or, with respect to the Year that includes the First Commercial Sale, the period beginning on such date of First Commercial Sale through to the end of the Year in which such First Commercial Sale occurred.

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Annual Gross Sales has the meaning provided in Section 4(a)(i)

Annual Gross Sales means comprehensively (during a given financial year) the total amount of the actual selling price of the totality of the goods sold and the services rendered by a business carried on by all the companies whose annual gross sales are used for the purposes of this calculation (the “seller”) regardless of the place where the goods and services are sold, notably the following amounts:

Examples of Annual Gross Sales in a sentence

Annual Gross Sales < Annual Gross Sales < < Annual Gross Sales [Will be companies current rent] Monthly Report and Percentage Fees Due Date (§4.1.2): In arrears, on the fifteenth (15th) day of the month Additional Charges (§4.3): Utilities (§9.1) and Taxes (§10.1).
Operating Profit (EBIT) (Earnings before interest and taxes) Annual Gross Sales / sq.
If Tenant was not liable for Percentage Rental during said 12 month period prior to the name change, then there shall be no adjustment to Tenant's Annual Gross Sales Breakpoint.
In addition to the minimum fixed rent provided in ARTICLE 2A, Lessee agrees to pay Lessor, as additional rent for the use and occupancy of the Premises, the amount by which three percent (3%) of Lessee's Annual Gross Sales for any lease year during the primary term exceeds $1,000,000.00.
All Private Event Fees shall be excluded from Gross Sales but shall be reported by the Concessionaire in Monthly Gross Sales Statements and the Annual Gross Sales Statements.
In addition to Minimum Monthly Rent, Tenant shall pay to Landlord during the Term hereof as percentage rent the amount by which six percent (6%) of Annual Gross Sales (as hereafter defined) exceeds the Minimum Monthly Rent payable for the same period (the "Percentage Rent").
In addition to the Base Monthly Rental, Lessee shall pay the Monthly Percentage Rental each month after which Lessee's aggregate Annual Gross Sales for any Lease Year exceeds the Base Annual Rental as specified in Section 1.
For the calendar quarter ending March 31, 2003, if the Gross Sales of all Licensed Product for such calendar quarter is $20,000,000 and the Annual Gross Sales for the 12-month period beginning January 1, 2002 is $80,000,000 and the aggregate total of the cumulative Gross Sales is $190,000,000 as of March 31, 2003, then the Royalty Payment for such quarter is equal to 12% of $20,000,000 or $2,400,000.
Annual Gross Sales Tranche Royalty % [***] [***] [***] [***] [***] [***] [***] Indicates portions of this exhibit that have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.
In the event that Tenant fails to furnish to Landlord any Monthly or Annual Gross Sales Statement when due, Landlord, in addition to any other rights and remedies that Landlord may have under this Agreement, or at law or in equity, shall be entitled to assess an administrative charge of $250.00 for each such delinquent Gross Sales Statement to help defray additional expenses.

More Definitions of Annual Gross Sales

Annual Gross Sales means: the aggregate of those sales made upon and from the Premises during the subject Lease Year for all items sold to customers in the operation of Tenant's business, such sales to include the entire amount of the price charged, whether wholly or partially in cash or on credit with deduction being allowed for uncollected or uncollectible credit. "Annual Gross Sales" shall not include (i) the amount of any sales, use or gross receipts taxes collected from customers, (ii) receipts from the sale of meals to employees of the restaurant, sold to them in the course of their employment, (iii) any service charges made and collected by Tenant and turned over to Tenant's employees in lieu of such employees receiving tips or gratuities from Tenant's customers, (iv) proceeds from the sale of any of Tenant's trade fixtures or equipment, (v) returned pie tin deposits, (vi) receipts for product made on the Premises and transferred to another ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ outlet, (vii) receipts from pay telephone, cigarette and other vending machines provided such do not occupy more than 50 square feet of floor area within the Building, (viii) refunds or credits made by Tenant for returned merchandise, provided the sale of such merchandise was previously included by Tenant in the Annual Gross Sales, (ix) non-food promotional items sold at no profit by Tenant, (x) credit card service charges, or (xi) the proceeds of the sale of any franchise to operate the business on the Premises, and all fees, charges, or rents charged to or received from any such franchise.

Annual Gross Sales means the annual retail sale value of food sold by the person or persons operating a Cottage Food establishment.

Annual Gross Sales means comprehensively (during a given fiscal year) the total amount of the actual selling price of the totality of the goods sold and the services rendered by a business carried on by the Borrower or the Guarantor, regardless of the place where these goods and services are sold, notably the following amounts: (i) the amounts received by the Borrower or the Guarantor, as applicable, in consideration of the sale of goods, articles and merchandise; (ii) the amounts received by the Borrower or the Guarantor, as applicable, in consideration of services rendered; (iii) the amounts received by the Borrower or the Guarantor, as applicable, in consideration of the sale or leasing of any property (including intellectual property) of the Borrower or the Guarantor, as applicable, or other persons or the granting of a license in respect of any such property; (iv) all the amounts received and receivable, whatever they may be; (v) all the proceeds, if applicable, from insurance against operating losses and the insurance proceeds received in respect of a business of the Borrower or the Guarantor, as applicable. In each case, regardless of whether these sales or these amounts received are certified by a cheque, cash, a credit, a charge account, instruments or otherwise, without any deduction permitted for bank charges, bad debt accounts, remuneration of a collection agency or bad debts; however, the term “annual gross sales” does not include: (i) the amount of retail sales taxes or goods and services taxes imposed by a government authority directly on sales and collected from customers at the point of sale by the Borrower or the Guarantor, as applicable, acting as a representative of this authority, on condition that the amount of these taxes is added to the selling price, that it is not part of the indicated price of the article or the service and that it is actually paid by the seller to that authority; (ii) the refunds granted in consideration of merchandise sold to the Borrower or the Guarantor, as applicable, to the extent that the Borrower or the Guarantor, as applicable, price of this merchandise had already been included in the annual gross sales; (iii) any refund on merchandise obtained from suppliers and manufacturers.

Annual Gross Sales shall not include (i) the amount of any sales, use or gross receipts taxes collected from customers, (ii) receipts from the sale of meals to employees of the restaurant, sold to them in the course of their employment, (iii) any service charges made and collected by Tenant and turned over to Tenant's employees in lieu of such employees receiving tips or gratuities from Tenant's customers, (iv) proceeds from the sale of any of Tenant's trade fixtures or equipment, (v) returned pie tin deposits, (vi) receipts for product made on the Premises and transferred to another ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ outlet, (vii) receipts from pay telephone, cigarette and other vending machines provided such do not occupy more than 50 square feet of floor area within the Building, (viii) refunds or credits made by Tenant for returned merchandise, provided the sale of such merchandise was previously included by Tenant in the Annual Gross Sales, (ix) non-food promotional items sold at no profit by Tenant, (x) credit card service charges, or (xi) the proceeds of the sale of any franchise to operate the business on the Premises, and all fees, charges, or rents charged to or received from any such franchise.

Annual Gross Sales is defined as the gross revenues (net of discounts, rebates and returns) of Buyer and Buyer's Affiliates (as defined below) from sales of products that are a result of or derived from the technology which is part of the eVS Business, earned in the 12 month period commencing on January 1, 1999, and each 12 month period thereafter (each such period, a "Calendar Year").

Annual Gross Sales means the combined gross income from the operations of Company and any subsidiaries, other than capital gains, determined on a consolidated basis prepared in accordance with generally accepted accounting principles on a consistent basis by the certified public accountants regularly employed by the Company, and their determination shall be binding and conclusive on the parties hereto.