Restaurant Operating Income definition
Restaurant Operating Income means the net sales of the Restaurant determined by Silver Diner in accordance with generally accepted accounting principles consistently applied ("GAAP") for the for the month less cost of sales, labor, and operating expenses of the restaurant (including allocated corporate expenses on behalf of the restaurant, such as advertising and menu costs, not to exceed three percent (3%) of the Restaurant's net sales), occupancy costs (including rent, property and real estate taxes, and insurance for the month) and depreciation and amortization allocable to the Restaurant. However, if land upon which a Restaurant is situated is owned by Silver Diner, there will be an appropriate ground rent allocation to the Restaurant.
Restaurant Operating Income means the net sales of the Restaurant determined by SDI in accordance with generally accepted accounting principles consistently applied ("GAAP") for the month less (i) cost of sales, (ii) labor (including all salary and cash or stock bonus payments other than Monthly Profit-Sharing and Quarterly Profit-Sharing payments made to the Operating Partner under this Section 2), (iii) operating expenses of the Restaurant (including allocated corporate expenses on behalf of the Restaurant, such as advertising and menu costs not to exceed 5% on an annual basis), and (iv) a deemed annual occupancy cost of $295,000 with respect to all facilities other than the Rockville facility (the occupancy costs of which shall be separately determined). SDI will establish targeted margins for the Restaurant. If the actual margin experience with respect to any month falls below the targeted margin for such month by two percent (2%) or more, then no payment of the above-referenced five percent (5%) profit-sharing amount will be paid until a determination is made of the actual margin experience for the quarter in which such month occurred. If the actual margin for the Restaurant with respect to such quarter does not fall below the targeted margin for the quarter by two percent (2%) or more, than any prior deferred monthly payments of the profit-sharing amount will be paid over to the Operating Partner within thirty (30) days of the close of the quarter. If the actual margin for the Restaurant falls below the targeted margin for the quarter by two percent (2%) or more, then no monthly profit- sharing payments will be made to the Operating Partner with respect to such quarter and any monthly profit-sharing payments previously made to such Operating Partner during the quarter will be treated as unearned payments which will reduce, on a dollar for dollar basis, profit-sharing payments otherwise payable to such Operating Partner with respect to future months of operation.
Examples of Restaurant Operating Income in a sentence
The Owner Operator shall be entitled to receive in cash two percent (2%) of the Restaurant Operating Income for each fiscal quarter if his/her Restaurant has positive same store sales for the quarter.
The Owner Operator shall be entitled to receive in cash five percent (5%) of the monthly Restaurant Operating Income (as defined below) of the Restaurant, which amount shall be paid to the Owner Operator within thirty (30) days of the close of the month.