Qualifying Picture definition

Qualifying Picture has the meaning set forth in Section 1 of the Credit ------------------ Agreement.
Sample 1
Qualifying Picture means any Picture which meets the ------------------ following criteria: (a) has a maximum Total Negative Cost of $40 million and a minimum Total Negative Cost of $8 million; provided, however, that the minimum -------- ------- Total Negative Cost may be less than $8 million if the sum of such Picture's Total Negative Cost plus its Print and Advertising Costs is at least $13 million and, provided, further, that a signed commitment from the Sponsor in its -------- ------- capacity as distributor stating that it has in place sufficient print and advertising commitments to meet this test is submitted along with the Qualifying Picture Declaration; (b) is subject to the Distribution Agreement; (c) was produced for theatrical release; (d) is released theatrically in the United States at least 30 months before the Maturity Date; (e) for which the Borrower is the initial United States copyright owner; (f) has been produced by the Sponsor or on behalf of the Sponsor, has not yet been released at the time of its acquisition by the Borrower and for which the Borrower will own substantially all worldwide distribution rights for not less than twenty years; (g) is a live action theatrical feature film filmed primarily in English; (h) filmed primarily in color; (i) rated by the MPAA (or any equivalent rating system if the MPAA rating system is generally abandoned), but is not rated "X", "NC-17" or any equivalent or more restrictive rating (or if the MPAA rating system is modified or abandoned would have been so rated by the MPAA); (j) has not been exhibited in any medium anywhere in the United States prior to its United States theatrical release, except for limited test marketings, previews, free, charities or academy award screenings or exhibitions; (k) is not an animated film, a depiction of a concert of any sort, a depiction of a performance of a play or musical performed on stage, or a documentary; (l) is available for and is scheduled for initial United States theatrical distribution in 35mm or 70mm film or is otherwise suitable for first class theatrical distribution and has a running time of at least 80 minutes, but no more than 150 minutes. Notwithstanding the foregoing, each of "Stir of Echoes" and "The Ninth Gate" shall be considered a Qualifying Picture notwithstanding the fact that with regard to "Stir of Echoes", the criteria set forth in (f) above are not met and with regard to "The Ninth Gate", the criteria set forth in (e) and (f) above are not met.
Sample 1
Qualifying Picture means a Picture which satisfies the following criteria: (1) it is being distributed in the Domestic Territory by the Borrower and/or another Approved Domestic Distributor under a Distribution Agreement, and the Borrower has secured a wide theatrical release on premium, first run screens satisfactory to the Administrative Agent, the Senior Facility Agent and the Seer P&A Facility Agent and downstream distribution generally consistent with the Significant Exploitation Agreements, and (2) it is a feature length Picture to be produced or acquired by a Credit Party or Co-Financing Venture Entity or a Major Studio (in the case of a Revenue Participation) which (i) is scheduled to be delivered no later than one year after the Maturity Date, (ii) unless the Administrative Agent otherwise agrees, shall not be a stage play or concert film, (iii) shall be filmed predominately in color, (iv) shall be predominately in the English language, (v) is expected to receive an MPAA rating of not more restrictive than “R” (or the equivalent thereof) (or, if following receipt thereof, such rating is no more restrictive than “R” (or the equivalent thereof)), (vi) unless otherwise approved by the Senior Facility Agent, has satisfied or is capable of satisfying all other specifications set forth in each applicable Distribution Agreement to be included in the Borrowing Base (under and as defined in the Senior Facility Credit Agreement), if any, (vii) shall have a running time of no less than 80 minutes, and (viii) unless otherwise approved by the Senior Facility Agent, has a negative cost of at least $10,000,000.
Sample 1

Examples of Qualifying Picture in a sentence

  • Such a Right of First Refusal shall apply to all rights to distribute the Qualifying Picture in the United States (“U.S. Rights”) and to all rights to distribute the Qualifying Picture outside of the United States (“Foreign Rights”).

  • By way of clarification, in such event, Sobini would, among other things, not be require to provide a subsequent First Refusal Notice to the Company with respect to a Qualifying Picture, even if the Material Elements of such Qualifying Picture were to change substantially subsequent to the time such agreement is entered into.

  • In the event the Company fails to provide an Exercise Notice within the applicable Exercise Period or fails to negotiate with Sobini during the appropriate Negotiation Period, Sobini shall have the right to dispose of the Subject Distribution Rights with respect to a Qualifying Picture without any further obligation to the Company.

  • For purposes of this Agreement, a “substantial change” in the Material Elements pertaining to a Qualifying Picture shall mean (i) any change in the proposed director or lead actor or (ii) a decrease of more than 10% in amount of the proposed budget.

  • The Sponsor is offering eligible Participants, as defined above in Section 2, the opportunity to receive one (1) One Hundred and Fifty (US$150.00) Visa® Prepaid Card (the “Prepaid Card”), for every unique Qualifying Picture (defined below) that they submit during the Program Period (defined below).

  • Such notice shall include sufficient detail as to the reason for such Declared Qualifying Picture not being a Qualifying Picture, and such other information as the Administrative Agent or the Waiver Agent shall reasonably request so as to enable the Administrative Agent and the Waiver Agent to compute the purchase price of such film and for the Waiver Agent to determine, with the consent of the Required Lenders, whether to waive the criteria of a Qualifying Picture with respect to such film.

  • Incur any expense other than the cost to -------- acquire a Declared Qualifying Picture and other obligations under Fundamental Documents and the Trust Agreement and items which the Sponsor is obligated to pay.

  • If no Loans have been made but a Letter of Credit has been issued for such Declared Qualifying Picture, such Letter of Credit shall be returned for cancellation and the amount of fees paid thereunder, if any, shall be repaid.

  • The Administrative Agent shall have received evidence satisfactory to it, including but not limited to the Liquidity Certificate, that the Borrower shall have secured commitments from the Parent or, in the case of a Permitted Co-Financed Picture, a Co-Financier in accordance with the terms hereof to fund the amount of Production Costs for such Qualifying Picture equal to the Unfinanced Production Costs.

  • Duly observe and perform all material terms and conditions of all material agreements with respect to the production, distribution and/or exploitation of Qualifying Picture and diligently protect and enforce the rights of the Credit Parties under all such agreements in a manner consistent with prudent business judgment and subject to the terms and conditions of such agreements.


More Definitions of Qualifying Picture

Qualifying Picture means a feature length motion picture intended for either theatrical and/or home video release produced or acquired (or to be produced or acquired) by a Borrower which satisfies the following criteria: (i) such picture is declared by a Borrower as a Qualifying Picture pursuant to a Qualifying Picture declaration, (ii) the scheduled date of Completion is no later than the Maturity Date, (iii) such Qualifying Picture has a minimum budget of [REDACTED]; and (iv) with respect to a Produced Picture (subject to the rights under copyright granted to a distributor of the Qualifying Picture under any applicable distribution agreements), such Borrower is or will be (x) the copyright owner in respect of such picture, or (y) the owner (without risk of reversion) of distribution rights for at least the first cycle with regard to all territories to be licensed by such Borrower for which it seeks credit in the Borrowing Base for such Qualifying Picture.
Sample 1
Qualifying Picture means a Picture which satisfies the following criteria: (1) it is being distributed in the Domestic Territory by the Borrower and/or another Approved Domestic Distributor under a Distribution Agreement, and the Borrower has secured a wide theatrical release on premium, first run screens satisfactory to the Administrative Agent and downstream distribution generally consistent with the Significant Exploitation Agreements, and (2) it is a feature length Picture to be produced or acquired by a Credit Party or Co-Financing Venture Entity or a Major Studio (in the case of a Revenue Participation) which (i) is scheduled to be delivered no later than one year after the Maturity Date, (ii) unless the Administrative Agent otherwise agrees, shall not be a stage play or concert film, (iii) shall be filmed predominately in color, (iv) shall be predominately in the English language, (v) is expected to receive an MPAA rating of not more restrictive than “R” (or the equivalent thereof) (or, if following receipt thereof, such rating is no more restrictive than “R” (or the equivalent thereof)), (vi) has satisfied or is capable of satisfying all other specifications set forth in each applicable Distribution Agreement to be included in the Borrowing Base, if any, (vii) shall have a running time of no less than 80 minutes, and (viii) unless the Administrative Agent otherwise agrees, has a negative cost of at least $10,000,000. Additionally, any Europa Picture that constitutes a “Qualifying Picture” under the Europa Output Agreement shall constitute a Qualifying Picture hereunder.
Sample 1
Qualifying Picture means a Picture which satisfies the following criteria: (1) it is being distributed in the Domestic Territory by the Borrower and/or another Approved Domestic Distributor under a Distribution Agreement, and the Borrower has secured a wide theatrical release on premium, first run screens satisfactory to the Administrative Agent and downstream distribution generally consistent with the Significant Exploitation Agreements, and (2) it is a feature length Picture to be produced or acquired by a Credit Party or Co-Financing Venture Entity or a Major Studio (in the case of a Revenue Participation) which (i) is scheduled to be delivered no later than one year after the Maturity Date, (ii) unless the Administrative Agent otherwise agrees, shall not be a stage play or concert film, (iii) shall be filmed predominately in color, (iv) shall be predominately in the English language, (v) is expected to receive an MPAA rating of not more restrictive than “R” (or the equivalent thereof) (or, if following receipt thereof, such rating is no more restrictive than “R” (or the equivalent thereof)), (vi) has satisfied or is capable of satisfying all other specifications set forth in each applicable Distribution Agreement to be included in the Borrowing Base, if any, (vii) shall have a running time of no less than 80 minutes, and (viii) unless the Administrative Agent otherwise agrees, has a negative cost of at least $10,000,000. In addition to the foregoing, in the context of a Picture for which a UK P&A Credit is requested, (A) the distributor in the Domestic Territory must be either the Borrower (on a self-distribution basis) or another distributor so long as the Borrower has demonstrated that the Picture will receive a wide theatrical release of not less than 1,000 screens in the Domestic Territory, (B) the Borrower must prior to accessing any UK P&A Credits hold (and have paid any acquisition price for) such Picture’s theatrical exploitation rights in the UK and must be self-distributing such Picture’s theatrical exploitation rights in the UK Territory and hold downstream rights in the UK Territory that are reasonably satisfactory to the Administrative Agent and (C) the Borrower must provide a certification in form and substance satisfactory to the Administrative Agent that such Picture shall have a theatrical screen count of not less than 300 screens in the UK Territory; provided that up to US$3,500,000 of UK P&A Credits may be taken for Pictures that meet all of the aforem...
Sample 1
Qualifying Picture means a Picture produced or acquired (or to be produced or acquired) by a Credit Party (including Permitted Co-Financed Pictures) that the Borrower has demonstrated to the Administrative Agent’s reasonable satisfaction meets the following criteria: (i) that the Picture meets or will meet when completed the criteria required by the applicable Main Distribution Agreement; (ii) that the Cash Budget of the picture will be financed from the Loans under the Facility plus advances from the Parent (which may be in the form of equity contributions to the Borrower, retained cash of the Borrower or loans which are subordinated as provided in Section 14.15) or a Co-Financier; (iii) that it owns the worldwide distribution rights for the Picture (other than distribution rights in geographical territories sold to a Co-Financier) in perpetuity or has the right to acquire such rights in perpetuity pursuant to an option as part of a sale and leaseback or other tax structured transaction (except in the case of “Space Chimps” for which the Borrower must own worldwide distribution rights for the Picture for a period of not less than 15 years); (iv) that the Picture will have a minimum domestic theatrical release on 500 screens for one week each; and (v) that the Picture satisfies or will satisfy when completed the following criteria: (a) it is computer generated animation (other than incidental live-action sequences), (b) it is in color, (c) it is in English, (d) it has a running time of 85-110 minutes, including main and end titles, (e) it qualifies for an MPAA rating not more restrictive than “PG” and (f) it is in 35mm with an aspect ratio suitable for first-class theatrical distribution and (vi) that the Picture is scheduled to be Completed by the fifth anniversary of the Closing Date.
Sample 1
Qualifying Picture means a Picture which satisfies the following criteria: (1) it is being distributed in the Domestic Territory by the Borrower and/or another Approved Domestic Distributor under a Distribution Agreement, and the Borrower has secured a wide theatrical release on premium, first run screens satisfactory to the Administrative Agent and downstream distribution generally consistent with the Significant Exploitation Agreements, and
Sample 1

Related to Qualifying Picture

  • Qualifying project means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land of a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure and services, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; or (viii) any improvements necessary or desirable to any unimproved locally- or state-owned real estate.

  • Qualifying position means one or more jobs with one or more participating public em-

  • Qualifying patient means a person who:

  • Qualifying week means the 15th week before the expected week of childbirth.

  • Qualifying Party means (a) a Limited Partner, (b) an Assignee or (c) a Person, including a lending institution as the pledgee of a Pledge, who is the transferee of a Limited Partner Interest in a Permitted Transfer; provided, however, that a Qualifying Party shall not include the General Partner.

  • Qualifying Facility means an electric energy generating facility that complies with the qualifying facility definition established by PURPA and any FERC rules as amended from time to time (18 Code of Federal Regulations Part 292, Section 292.203 et seq.) implementing PURPA and, to the extent required to obtain or maintain Qualifying Facility status, is self-certified as a Qualifying Facility or is certified as a Qualified Facility by the FERC.

  • Qualifying Period means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in the Schedule to these Terms;

  • Qualifying Property means a primary residence that a qualified applicant owned and occupied

  • Qualifying Offering means a private offering of *****’s equity securities (or securities convertible into or exercisable for *****’s equity securities) for cash (or in satisfaction of debt issued for cash) having its final closing on or after the date of this Agreement and which includes investment by one or more venture capital, professional angel, corporate or other similar institutional investors other than Stanford. For the avoidance of doubt, if ***** is a limited liability company, then “equity securities” means limited liability company interests in *****.

  • Qualifying student means a student who is an exceptional needs child, a South Carolina resident, and who is eligible to be enrolled in a South Carolina secondary or elementary public school at the kindergarten or later year level for the applicable school year.

  • Qualifying job means a permanent full-time job that:

  • Qualifying school means a private school that:

  • Qualifying exigency means a situation where the eligible employee seeks leave for one or more of the following reasons:

  • Qualifying year means the calendar year to which the qualifying certificate applies.

  • qualifying person means a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund;

  • Qualifying Company means a qualifying company within the meaning of section 110 of the Taxes Act;

  • Qualifying Public Offering means a firm commitment underwritten public offering of Stock for cash where the shares of Stock registered under the Securities Act are listed on a national securities exchange.

  • Qualifying Service means one year or more of continuous service and residence away from the home country and the country of nationality of a staff member, or the country where the staff member has acquired permanent resident status.

  • Qualifying Transaction means a transaction where a CPC acquires Significant Assets, other than cash, by way of purchase, amalgamation, merger or arrangement with another Company or by other means.

  • Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

  • Qualifying Offer shall have the meaning set forth in Section 11(a)(ii) hereof.

  • qualifying course means a qualifying course as defined for the purposes of Parts 2 and 4 of the Jobseeker’s Allowance Regulations 1996;

  • Qualifying Customer means:

  • qualifying holding means a direct or indirect holding in an undertaking which represents 10 % or more of the capital or of the voting rights or which makes it possible to exercise a significant influence over the management of that undertaking;

  • Qualifying business means a business which establishes a qualifying project in this state and which is certified by the Department of Economic Opportunity to receive tax credits pursuant to this section.

  • Qualifying wages means wages, as defined in section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, adjusted as follows: