Net Distributable Profits definition

Net Distributable Profits for any period means Seller’s Net Sales of the Products (limited to the Inventory or the Products delivered pursuant to a Pending Purchase Order) during such period less [***].

Net Distributable Profits for any period means [***]. Notwithstanding the foregoing, it is understood that Net Distributable Profits for a particular period may be adjusted in the future (but not to less than zero) for any quarterly period in connection with adjustments to the accrual amounts for such period as actual amounts and/or more definite information becomes known in accordance with Section 3.4.

Net Distributable Profits for any period means [***]. Notwithstanding the foregoing, it is understood that Net

Examples of Net Distributable Profits in a sentence

• For all times that there are only *** (***) *** selling a generic version of the Branded Product to a wholesaler, distributor or directly to a consumer in the Territory, Distributor shall pay Manufacturer *** *** (***) of Net Distributable Profits.

• The purchase price paid by Distributor for Products shall equal the Supply Price payable under Section 3.1 plus the percentage of Net Distributable Profits payable under Section 3.2. Distributor shall use commercially reasonable efforts to distribute, promote and expand the sale of the Products as generic products in the Territory.

• Upon termination or expiration of the Transition Period, (i) Seller will cease all distribution activities relating to the Products, (ii) [***], (iii) Buyer shall pay to Seller the purchase price for any Products that are the subject of a Pending Purchase Order and that have not yet been delivered, and (iv) Seller shall pay to Buyer any Net Distributable Profits through the termination or expiration of the Transition Period.

• For all times that there are more than *** (***) *** selling a generic version of the Branded Product to a wholesaler, distributor or directly to a consumer in the Territory, Distributor shall pay Manufacturer *** *** (***) of Net Distributable Profits.

• If the date of such first sale occurs on or prior to the *** day of the month, the adjustment to the percentage of Net Distributable Profits shall become effective on the *** day of the month in which the launch occurs.

More Definitions of Net Distributable Profits

Net Distributable Profits means the accumulated, realised net profits less the accumulated, realised net losses of the Company calculated as of the end of the Fiscal year in question calculated in accordance with US generally accepted accounting principles,

Net Distributable Profits means for a given Product during a period, [**].

Net Distributable Profits shall be defined as follows: The amount by which all sales, receipts, and revenues of the Enterprise gaming operation (as defined in 25 CFR Section 502.10) exceeds reasonable, necessary and actual operating expenses. For purposes of computing "Net Distributable Profits," operating expenses to be deducted from gross revenues shall include repayment of interest on the Credit Facility, taxes and fees pursuant to the Compact, tribal gaming commission fees and expenses, cost of goods sold, prizes and other gaming wins paid out, employee and Key Employee salaries, wages and benefits, payroll and other taxes or governmental levies, permit and license fees, advertising, promotion, fees and expenses of third-party contractors and agents, including but not limited to various training, marketing and operations consultants, bus and other transportation and coordinator costs and repairs, equipment leases, uniforms, office expense, printing, supplies, utilities, rent, insurance of all types, uninsured legal judgments and settlements, maintenance, and Enterprise legal and accounting expenses. Subject to the above, Net Distributable Profits shall be computed in conformance with generally accepted accounting principles consistently applied.

Net Distributable Profits means total revenue MINUS:

Net Distributable Profits means net profit after tax plus net proceeds from the sale17 of any assets, plus net proceeds from any litigation, plus net proceeds from any18 insurance claims, less funds reserved for taxes and working capital sufficient to pay 6 months operating expenses.19Section 8.02 Effective Date. The effective date of this Plan is the first business day20 following the date that is 14 days after the entry of the confirmation order that the conditions precedent to the Effective Date have occurred or have21 been waived unless stayed by Court order. If, however, a stay of the22 confirmation order is in effect on that date, the Effective Date will be the first business day after the date on which the stay expires or is otherwise23 terminated.24 Section 8.03 Retention of Jurisdiction. Notwithstanding confirmation or the Effective Date having occurred, the Court will retain and have full jurisdiction as is25 allowed under Title 28 of the United States Code, the Bankruptcy Code, or26 other applicable law to enforce the provisions, purposes, and intent of the Case 4:17-bk-11112-BMW Doc 223 Filed 06/15-/91-8 Entered 06/15/18 16:35:35 Desc

Net Distributable Profits for a quarter means Distributor’s Net Sales of all Products in the Territory for such quarter minus the sum of (a) the Supply Price for such Products (as incurred or calculated for the applicable quarter), (b) the Allowance for Distribution and Marketing for such Net Sales, and (c) all actual and reasonable costs incurred by Distributor associated with the *** and *** of Products to Distributor, including the cost of ***, ***, ***, ***, and ***, provided that except as provided in Section 3.2(c), in no event shall Net Distributable Profits be less than ***for any quarterly period; for the sake of clarity, in the event that the calculation of Net Distributable Profits yields a number less than $***, in no circumstances shall Manufacturer owe a refund, credit, reimbursement or any other compensation to Distributor, except as provided in Section 3.2(c).

Net Distributable Profits for a quarter means Distributor’s Net Sales of all Products in the Territory for such quarter minus the sum of (a) the Supply Price for such Products (as incurred or calculated for the applicable quarter), (b) the Allowance for Distribution and Marketing for such Net Sales, and (c) all actual and reasonable costs incurred by Distributor associated with the *** and *** of Products to Distributor, including the cost of ***, ***, ***, ***, and ***, provided that except as provided in Section 3.2(c), in no event shall Net Distributable Profits be less than ***for any quarterly period; for the sake of clarity, in the event that the calculation of Net Distributable Profits yields a number less than $***, in no circumstances shall Manufacturer owe a refund, credit, reimbursement or any other compensation to Distributor, except as provided in Section 3.2(c). CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK ***, HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION