Digital Distribution Revenue definition

Digital Distribution Revenue means the revenue recorded by Purchaser during calendar year 2007 from Channel Outlets with respect to (i) recordings as to which Purchaser or the Company has the rights (“Short Term Digital Distribution Rights”) to digitally distribute such recordings under the Company’s Standard Form of Agency Agreement or other Contract of the Company, or a Contract of Purchaser having a term of less than three (3) years, and which is in effect as of the Closing (but not including any recordings with respect to which the percentage of revenue payable to Purchaser or the Company under such Standard Form of Agency Agreement or other Contract is reduced at any time prior to December 31, 2007 from the percentage in effect as of the Closing), and (ii) any recordings as to which Purchaser or the Company acquire the Short Term Digital Distribution Rights following the Closing, pursuant to which Purchaser or the Company, as applicable, is entitled to not less than 15% of the revenues attributable to such recordings as reflected in the Contracts for such Short Term Digital Distribution Rights, and (iii) any recording Owned and Controlled by Purchaser or the Company which at the time of the Closing constituted a recording as to which Purchaser or the Company had only the Short Term Digital Distribution Rights (which revenue for the period during which such recording was Owned and Controlled shall be multiplied by 125% for purposes of the calculation of Digital Distribution Revenue hereunder); provided that in the event of the acquisition by Purchaser of all or substantially all of the assets of another Person (whether by stock purchase, merger, or purchase of assets or otherwise), any revenues attributable to such acquired assets shall not be deemed to constitute Digital Distribution Revenue for purposes hereof. The calculation of Digital Distribution Revenue shall be subject to the provisions of Section 1.8(c)(ii).
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Examples of Digital Distribution Revenue in a sentence

  • Purchaser and the Member Representative shall attempt in good faith to resolve any disagreement regarding the calculation of Digital Distribution Revenue or Net Channel Revenue within twenty (20) Business Days of the submission by the Member Representative of such notice of dispute.

  • In the event the Member Representative disagrees with the calculation of Digital Distribution Revenue or Net Channel Revenue, the Member Representative shall submit a notice of dispute to the Board of Directors of Purchaser at any time prior to the payment by Purchaser of the Total Earn-Out Cash Consideration or Total Earn-Out Stock Consideration pursuant to Section 1.8(c)(i) hereof.

  • In the event of any dispute regarding the calculation of Digital Distribution Revenue or Net Channel Revenue, Purchaser’s obligation to pay the earnout consideration pursuant to Section 1.8(c)(i) with respect to that portion of the revenues in dispute shall be stayed until the resolution of such dispute by agreement of the parties or the delivery of the report of the independent accounting firm, as applicable.

  • The Prior Agreement provides that the former members of DRA are entitled to be paid certain amounts of cash and shares of Purchaser Common Stock in the event that certain revenue thresholds for 2007 are achieved based upon Digital Distribution Revenue and New Channel Revenue.

  • In the event the calculation of Digital Distribution Revenue and Net Channel Revenue is not increased by more than seven and one-half percent (7.5%) as a result of the audit report, the Members shall bear the entire cost of the independent accounting firm; otherwise, Purchaser shall bear such cost.