Excluded Revenue definition

Excluded Revenue means revenue earned by the Physician Employees or the Practice from Excluded Activities.

Excluded Revenue means (i) the cost of raw material, labor, direct and indirect cost (where such direct and indirect costs do not exceed 125% of the cost for raw materials and labor), and (ii) any consideration that LICENSEE receives for research funding (including license fees and milestones specifically intended for the reimbursement of research or regulatory costs as demonstrated by written record), reimbursement of patent filing, patent prosecution, patent maintenance, royalties paid or payable under Section 3.1(d) or (f), Sublicense fees paid or payable under Section 3.1(e) or other expenses (as agreed upon in writing by the parties). The parties agree that license fees and milestones under LICENSEE’s collaboration agreements entered into prior to the Effective Date were intended for reimbursement of research costs and therefore constitute Excluded Revenue.

Excluded Revenue means the sum of all Recurring Revenue generated from each Existing Akerna Customer during the Earnout Period, unless such Existing Akerna Customer purchases the Company Product and such purchase generates more Recurring Revenue during the Earnout Period than the product of (a) the Recurring Revenue that such Existing Akerna Customer’s previous purchases generated in the month prior to the month in which the Company Product was first purchased by such customer, multiplied by (b) the number of months during the Earnout Period that the Company Product is purchased by such customer (the “Existing Revenue”), in which case (1) the Existing Revenue will be considered Excluded Revenue and (2) the incremental Recurring Revenue attributable to such Company Product purchase will not be considered Excluded Revenue.

Examples of Excluded Revenue in a sentence

• For Borrower Subsidiary Distributions, the Borrower has directed, or caused to be directed, the Borrower Subsidiaries to make all payments thereon directly into the Revenue Account (other than Borrower Subsidiary Distributions consisting of Excluded Revenue).

• For (v) and (vi) above, Net Sales shall not include Excluded Revenue.

• The Borrower shall fail to procure that additional revenue collection accounts (other than the Excluded Revenue Collection Accounts) are pledged or fiduciarily assigned (at the discretion of the Lender) in favour of the Security Agent in accordance with the terms of and within the time stipulated in paragraph (d) of Section 5.32 (Borrower Accounts Pledges).

• Licensee shall retain such records with respect to (i) any and all Licensed Activities and each Licensed Product for at least five (5) years from the date of such Licensed Activities or the sale, lease or putting into use of such Licensed Product, and (ii) any and all Direct Revenue, Indirect Revenue and Excluded Revenue for at least five (5) years from the date of having earned such revenue.

• Seller represents and warrants to the Purchasers that the Initial Revenue Statement (i) is based upon the books and records of Seller and (ii) has been prepared in accordance with GAAP, except for the exclusion of the Excluded Revenue Items.

More Definitions of Excluded Revenue

Excluded Revenue means any gross revenue earned by the Licensee that is not a result of the commercial exploitation of the NZC Technology. For the avoidance of doubt, for any gross revenue to be regarded as Excluded Revenue, Licensee and its Related Companies agree to track and record any such Excluded Revenue in their accounting process and indicate such exemptions and exclusions as well as any reasons thereof to Nokia in accordance with Section 3.06.

Excluded Revenue means (i) any revenue earned by Purchaser prior to the Closing and (ii) any revenue earned by Purchaser from and after the Closing that is not directly delivered by or initiated by the Business. Notwithstanding the foregoing, any revenue earned as a result of Purchaser hiring an employee or acquiring any business after the Closing at the request of or in consultation with the Business shall not be deemed “Excluded Revenue” for purposes of this Section 2.6.

Excluded Revenue means the aggregate Adjusted Contract Revenue that has been accrued by the Business in respect of Excluded Contracts.

Excluded Revenue means, subject to clause 4, the following types of revenue received by the Operator as part of its Business. Revenue from:

Excluded Revenue means revenue recognized by the Company during the Royalty Period with respect to the Contracts (and in the amounts and for the periods) indicated under the caption "multi-year contracts" on Schedule 1.2 attached hereto and that portion of revenue with respect to the Contracts listed on Schedule 1.2 under the caption "Contracts With Material Channel Expense" that is required to be paid to third parties as a function of such revenue.

Excluded Revenue means: (i) franchise fees, FCC-user fees, PEG operating support or capital payments, sales taxes, other taxes or “pass through” charges collected by Seller or the System for or on behalf of any governmental entity, deposits, installation fees or other non-recurring charges, (ii) deposits, late fees or field collection fees, installations, set-top box converter or modem rentals or sales, or remote control unit rentals or sales, (iii) advertising revenue, (iv) revenue from any subscriber that has not been an active paying subscriber for at least one complete billing cycle, (v) revenue from any subscriber that has provided notice of termination or is pending disconnection for any reason, (vi) revenue from any subscriber that is more than 60 days past due from the original due date as stated on the billing to which such payment relates (and if no due date is stated then the first day of the period to which such payment relates), and (vii) revenue from any subscriber that has become a subscriber pursuant to non-customary marketing promotions conducted outside the ordinary course of Seller’s business or which were inconsistent with Seller’s usual and customary marketing efforts and past practices

Excluded Revenue means revenue recognized by the Company during the Royalty Period with respect to the Contracts (and in the amounts and for the periods) indicated under the caption "multi-year contracts" on Schedule