Royalty Base Price definition

Royalty Base Price means the amount specified below ("Gross Royalty Base") applicable to the Phonograph Records concerned, less all excise, purchase, value added, or similar taxes (included in the Royalty Base Price) and less the applicable Container Charge.
Sample 1Sample 2Sample 3
Royalty Base Price means the following amounts for the following Phonograph Records: (A) With respect to Phonograph Records (other than Audio-Visual Records) sold in the United States or Canada, the SRLP except as set forth below; and (B) With respect to royalties payable on Net Sales of Phonograph Records in the United States or Canada for which the Royalty Base Price is the SRLP, we shall have the fight, at any time, at our election, to calculate royalties hereunder on the basis of our principal distributor's price (before consideration of any discounts resulting from the distribution of free goods), from time to time, to its customers in the United States of Phonograph Records, in lieu of the SRLP of those Phonograph Records, multiplied by an "uplift." As used in the immediately-preceding sentence, the term "our principal distributor's price" shall mean the lowest wholesale price paid by the largest category of customers to our principal distributor in the United States during the relevant semi-annual accounting period. If we elect to do so, then we shall calculate that uplift" as a fraction, the numerator of which is the SRLP of a Comparable Phonograph Record immediately prior to our discontinuance of retail-based calculations and the denominator of which is our principal distributor's price (before consideration of any discounts resulting from the distribution of free goods) to its customers in the United States of a Comparable Phonograph Record immediately prior to our discontinuance of retail-based calculations. The application of the foregoing provisions of this subparagraph shall not result in a reduction in the amount of royalties otherwise payable to you hereunder on a configuration-by-configuration basis immediately prior to our discontinuance of retail-based calculations. For purposes of this subparagraph, the term "Comparable Phonograph Record" shall mean a Phonograph Record of the same configuration, with the same packaging, and in the same price category as the Phonograph Record in question; and
Sample 1
Royalty Base Price the Suggested Retail List Price less all excise, sales and similar taxes and less the applicable Container Charge.
Sample 1

Examples of Royalty Base Price in a sentence

  • If a different Royalty Base Price applies to a Multiple Album, the royalty rate prescribed in the preceding sentence will be adjusted in proportion to the variance in the Royalty Base Price (but will not be more than the applicable Album royalty rate prescribed in paragraph 1.01).

  • Not later than thirty (30) days after the initial shipment of the Authorized Articles and promptly on the 15th day of every month thereafter during the License Period, Licensee shall furnish to WCW's Agent complete and accurate statements (certified to be accurate by Licensee) showing the product and style number, description, unit sales, Royalty Base Price, gross sales and Net Sales of each and every Authorized Article covered by this Agreement.

  • Licensee shall at its own expense furnish to WCW a detailed statement prepared by an independent certified public accountant, or certified to be accurate by a duly authorized official of Licensee, showing the product and style number, description, Net Sales, itemized deductions from Net Sales and Royalty Base Price of the Authorized Articles distributed and/or sold by Licensee to the date of WCW's demand.

  • Net Sales for each Authorized Article shall be computed on no less than Licensee's regular, full, "top-of-the-line" gross wholesale invoice price calculated at source in the Licensed Territory, based upon the usual billing price for items sold in the normal course of business ("Royalty Base Price").

  • The New Basis will replace the then-current Royalty Base Price and the royalty rates will be adjusted to the appropriate royalty which, when applied to the New Basis, will yield the same dollars-and-cents royalty amounts payable with respect to the Record concerned as was payable immediately prior to the change to the New Basis.

  • Notwithstanding anything to the contrary contained in this Agreement, the Royalty Base Price for Mobile Uses will be Label’s or Distributor’s Net Royalty Receipts or the Net Amount Received by Label or Distributor (as applicable) from the Mobile Use concerned.

  • Royalty Base Price" shall mean the amount specified below ("Gross Royalty Base") applicable to the Phonograph Records concerned, less all excise, purchase, value added, or similar taxes (included in the Royalty Base Price) and less the applicable Container Charge.

  • The relevant Royalty Base Price is easy to determine as Paragraph 1.33, defining this term, clearly states that, for Electronic Sales, the Royalty Base Price is deemed to be Company's Receipts as defined in Paragraph 1.8 of the Recording Agreements.

  • Royalties shall be computed by applying the applicable royalty percentage rate specified below in this Article 9 to the applicable Royalty Base Price in respect of the Net Sales of Records described in the paragraph (or subparagraph) concerned, except where such royalties are accrued on a Net Receipts basis for which the provisions of paragraph 14.20 below shall govern.

  • Notwithstanding anything to the contrary contained in this Agreement, with respect to sales or licenses of Mobile Uses, the royalty rate will be one hundred percent (100%) of Basic U.S. Rate, applied to the applicable Royalty Base Price.


More Definitions of Royalty Base Price

Royalty Base Price means the Dealer Price of the applicable Records and Audio Visual Devices (or the relevant Equivalent Formats) provided that in respect of Electronic Sales and sales through Mail Order Operations, the Royalty Base Price shall be deemed to be Company’s Receipts in respect of such sales/rental.
Sample 1Sample 2
Royalty Base Price. The amount specified below ("Gross Royalty Base") applicable to the Record concerned, less the applicable Container Charge, excise taxes, duties and other applicable taxes included within the Gross Royalty Base: (i) With respect to Records sold for distribution in United States, the manufacturer's suggested retail price in the United States. Company may elect, in Company's sole discretion, as of the date of commencement of any accounting period hereunder (the 'New Base Effective Date") to compute royalties for Net Sales of Records (other than Audiovisual Records) in the United States occurring on or after the New Base Effective Date (the "New Base Net Sales") utilizing a Royalty Base Price derived from the Wholesale Price of such Records rather than the manufacturer's suggested retail price of such Records. Should Company elect to do so, the following shall apply in computing royalties for New Base Net Sales: (A) The Gross Royalty Base shall be the Wholesale Price (as defined in subparagraph 24 (hh)) rather than the manufacturer's suggested retail price in the United States. (B) New Basic U.S. Rates shall be determined for Singles, Maxi-Singles. EPs and Albums in each form of Record other than New Technology Configurations not previously released by Company and methods of Cybersales not previously exploited by Company. The new Basic U.S. Rate for Singles, Maxi-Singles, EPs and Albums in a particular form shall be determined by multiplying the existing Basic U.S. Rate for such Records in such form by a fraction, the numerator of which is the manufacturer's suggested retail price in the United States for the majority of such Top Line Records in such form as of the New Base Effective Date, and the denominator of which is the Wholesale Price for the majority of such Top Line Records in such form as of the New Base Effective Date. The New Basic U.S. Rates shall be utilized in lieu of the Basic U.S. Rates to compute royalties for the New Base Net Sales and for no other purpose. Notwithstanding the foregoing, on the date of the New Base Effective Date only, the New Basic U.S. Rates when applied to the New Royalty Base Price shall yield the same dollars-and-cents royalty amounts payable with respect to Records immediately prior to the New Base Effective Date. (C) In computing royalties for New Base Net Sales of New Technology Configurations released prior to the New Base Effective Date, the applicable New Basic U.S. Rate shall be reduced as set forth in subparagra...
Sample 1
Royalty Base Price means the following amounts for the following Phonograph Records: (A) With respect to Phonograph Records (other than Audio-Visual Records) sold in the United States or Canada, the SRLP except as set forth below; and (B) With respect to royalties payable on Net Sales of Phonograph Records in the United States or Canada for which the Royalty Base Price is the SRLP, we shall have the right, at any time, at our election, to calculate royalties hereunder on the basis of our principal distributor's price (before consideration of any discounts resulting from the distribution of free goods), from time to time, to its customers in the United States of
Sample 1
Royalty Base Price the amount specified below ("Gross Royalty Base") applicable to the Records concerned, less the taxes included in the Gross Royalty Base and less the applicable Container Charge. "Less the taxes" means less the excise, purchase, value added or similar taxes included in the Gross Royalty Base. (a) WITH RESPECT TO RECORDS (INCLUDING AUDIOVISUAL RECORDS)
Sample 1
Royalty Base Price is defined as no less than Licensee's regular, full, "top-of-the-line", in-territory delivered wholesale price without deduction of any sort whatsoever. (Notwithstanding the foregoing, in the event that Licensee shall be permitted to sell any Licensed Article(s) directly to the consumer, via any means, then the Royalty Base Price with respect to such Licensed Article(s) shall be defined as no less than Licensee's regular, full, "top-of-the-line" in territory delivered retail price without deduction of any sort whatsoever.) Licensee agrees that it shall invoice each Licensed Article sold and shall sell the Licensed Article(s) solely on a cash or credit basis (with credit deemed the same as cash for purposes hereof). Licensee shall not sell and ship Licensed Article(s) "FOB" (freight on board) unless it verifies the actual cost of shipping and insurance and adds such amount to the price before computing and paying the Royalty to Universal or unless a separate Royalty rate is specified in the applicable Schedule. Notwithstanding the foregoing, Universal agrees that, in the event that Licensee's wholesale price of the Licensed Article(s) to any of its customers does not incorporate shipping/freight charges and insurance fees (collectively, "Shipping Costs"), and such Shipping Costs are incurred by Licensee's customers as separately itemized charges, then Licensee shall be permitted to deduct such Shipping Costs from the cost of the Licensed Article(s) prior to computing the Royalties required thereon. Licensee agrees, however, that no such deductions for Shipping Costs shall be permitted for any sales of the Licensed Article(s) to mass market retailers (i.e., Wal-Mart, Target, K-Mart, etc.) for whom Shipping Costs are customarily built into the applicable products' wholesale price. Without limiting the foregoing, Licensee shall not distribute the Licensed Article(s) without charge, on any so-called "barter" basis, as a give-away, by special sale, as a premium of any kind or as a prize or attraction as part of any fund-raiser, in connection with any bundling or sampling arrangement, CONFIDENTIAL TREATMENT REQUESTED BY ROCKFORD CORPORATION contest or lottery without Approval; however, such restriction shall not limit Licensee's right to make available reasonable quantities of the Licensed Article(s) to its dealers and sales representatives for product demonstration purposes at no cost. The amount paid to Universal as a Royalty on any sale to other licensees of a...
Sample 1

Related to Royalty Base Price

  • Net Sales Price means the gross sales price to retailers of all Licensed Products sold under this Agreement or, with respect to Licensed Products that are not sold directly or indirectly to retailers, other ultimate consumers (as in the case of accommodation sales by Licensee to its employees or sales by Licensee in its own shops), less trade discounts, merchandise returns, sales tax (if separately identified and charged) and markdowns and/or chargebacks which, in accordance with generally accepted accounting principles, would normally be treated as deductions from gross sales, and which, in any event, do not include any chargebacks or the like for advertising, fixture or retail shop costs or contributions. Notwithstanding the foregoing, Licensor hereby waives its right to (i) receive royalties hereunder for, or (ii) include within the calculation of Net Sales Price for the purpose of calculating the Annual Advertising Obligation as set forth in paragraph 4.6 hereof, sales of units of Licensed Products sold at a discount of [OMITTED; MATERIAL FILED SEPARATELY WITH SECURITIES AND EXCHANGE COMMISSION] or more off the regular wholesale price ("Discounted Units"), provided that such waiver shall only apply to the extent that the aggregate Net Sales Price of Discounted Units for any year does not exceed [OMITTED; MATERIAL FILED SEPARATELY WITH SECURITIES AND EXCHANGE COMMISSION] of the Net Sales Price of all units of Licensed Products other than Discounted Units sold in such year. No other deductions shall be taken. Any merchandise returns shall be credited in the quarter in which the returns are actually made. For purposes of this Agreement, affiliates of Licensee shall mean all persons and business entities, whether corporations, partnerships, joint ventures or otherwise, which now or hereafter control, or are owned or controlled, directly or indirectly by Licensee, or are under common control with Licensee. It is the intention of the parties that royalties will be based on the bona fide wholesale prices at which Licensee sells Licensed Products to independent retailers in arms' length transactions. In the event Licensee shall sell Licensed Products to its affiliates, royalties shall be calculated on the basis of such a bona fide wholesale price irrespective of Licensee's internal accounting treatment of such sale unless such products are sold by its affiliates directly to the end-user consumer, in which case royalties shall be calculated on the basis of the price paid by the end-user consumer, less applicable taxes. Licensee shall identify separately in the statements provided to Licensor pursuant to paragraph 7 hereof, all sales to affiliates. At least once annually and no later than 90 days after the close of Licensee's fiscal year, Licensee shall furnish to Licensor a statement of the Net Sales Price of all Licensed Products sold during the year just ended, which shall be certified by the independent auditor for Licensee as correct and in accordance with the terms of this Agreement.

  • Gross Sales Price with respect to each sale of Shares sold pursuant to this Agreement shall be the gross sales price per share of such Shares.

  • ex-works price means the price paid for the product ex works to the manufacturer in the EU or in a SADC EPA State in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes paid which are, or may be, repaid when the product obtained is exported;

  • Net Sales Revenue shall have the meaning as set out in Schedule "A"

  • Sales Revenue means receipts from the sale, lease, or rental of goods, services, or property;

  • Net Sales means [***].

  • Royalty Fee “Royalty Fee” means a royalty fee in the amount of $0.00 of Actual Production payable by BC Hydro to the Province for each year of the Term in accordance with Article 6 of the Master Agreement.

  • Royalty-Bearing Product means (a) any Product that is not a Co-Developed Product and (b) any Co-Developed Product to the extent sold outside of the Co-Development Territory.

  • Royalty Rate means the percentage defined in Exhibit B.

  • Gross Sales means the sum total of all retail sales of tangible personal property or services as

  • Royalty Payment has the meaning set forth in Section 6.1.

  • Net Selling Price of Licensed Products shall mean the gross selling price paid by a purchaser of a Licensed Product to COMPANY, an Affiliate or Sublicensee of COMPANY, or any other party authorized by COMPANY to sell Licensed Products less the following discounts:

  • Supply Price has the meaning set forth in Section 6.2.

  • Product Price has the meaning set forth in Section 1.04.

  • Base Price means the price to be used as the basis for determining the Spread upon the exercise of an Appreciation Right.

  • Royalty Payments has the meaning set forth in Section 7.3.1.

  • Contract Sales Price means the total consideration received by the Company for the sale of an Investment.

  • Net Invoice Price means the price paid by You for Your Vehicle including all factory fitted accessories and any discount given but excluding retailer fitted accessories, road fund licence, new vehicle registration fee, fuel, paintwork and / or upholstery protection kits, insurance premiums (including this Premium), warranty premiums and any such associated costs and any Negative Equity.

  • Approved Price means the "fair value" as determined by the Trust in accordance with the valuation procedures adopted from time to time by the Board of Trustees of the Trust and for which the Trust receives a marked-to-market price (which, for the purpose of clarity, shall not mean Market Value) from an independent source at least semi-annually.

  • Closing Sales Price means, for any security as of any date, the last sales price of such security on the principal trading market where such security is listed or traded as reported by Bloomberg Financial Markets (or a comparable reporting service of national reputation selected by the Corporation if Bloomberg Financial Markets is not then reporting closing sales prices of such security) (collectively, “Bloomberg”), or if the foregoing does not apply, the last reported sales price of such security on a national exchange or in the over-the-counter market on the electronic bulletin board for such security as reported by Bloomberg, or, if no such price is reported for such security by Bloomberg, the average of the bid prices of all market makers for such security as reported in the “pink sheets” by the National Quotation Bureau, Inc., in each case for such date or, if such date was not a trading day for such security, on the next preceding date that was a trading day. If the Closing Sales Price cannot be calculated for such security on any of the foregoing bases, the Closing Sales Price of such security on such date shall be the fair market value as reasonably determined by an investment banking firm selected by the Corporation, with the costs of such appraisal to be borne by the Corporation.

  • Strip Price means, at any time, (a) for the remainder of the then-current calendar year, the average NYMEX Pricing for the remaining months in such calendar year, (b) for each of the succeeding three complete calendar years, the average NYMEX Pricing for the twelve months in each such calendar year, and (c) for the succeeding fourth complete calendar year and each calendar year thereafter, the average NYMEX pricing for the twelve months in such fourth calendar year.

  • Combination Product means any combination of the Product with one (1) or more other active ingredients, products or services that is not the Product, where such products are sold either as a fixed dose/unit or as separate doses/units in a single package for a single price.

  • Product Inventory means all inventory of the Product owned by Seller or its Affiliates as of the Closing, including raw materials, work-in-process, bulk form drug and finished Product.

  • Net Sales Value means, with respect to any Licensed Product, the gross sales price of such Licensed Product invoiced by Licensee, its Affiliate and/or its Sub-Licensee to customers who are not Affiliates (or are Affiliates but are the end users of such Licensed Product) less, to the extent actually paid or accrued by Licensee, its Affiliate and/or its Sub­ Licensee (as applicable), (a) credits, allowances, discounts and rebates to, and chargebacks from the account of, such customers for nonconforming, damaged, out-dated and returned Licensed Product; (b) freight and insurance costs; (c) cash, quantity and trade discounts, rebates and other price reductions for such Licensed Product given to such customers under price reduction programs; (d) sales, use, value-added and other direct taxes incurred on the sale of such Licensed Product to such customers; (e) customs duties, tariffs, surcharges and other governmental charges incurred in exporting or importing such Licensed Product to such customers; (f) sales commissions incurred on the sale of such Licensed Product to such customers; and (g) an allowance for uncollectible or bad debts determined in accordance with generally accepted accounting principles. For avoidance of doubt, any consideration or royalties received from Sub-Licensee(s) are excluded. If a Licensed Product consists of components that are covered by valid claim of a Prospective Patent within the Invention (a “Covered Component”) and components that are not covered by a Valid Claim (“Other Components”), then Net Sales for such Licensed Products shall be multiplied by the fraction A/(A+B), where A is the value of the Covered Component(s) as reasonably determined by Licensee, and B is the value of the Other Component(s) as reasonably determined by Licensee, and such resulting amount shall be the “Net Sales Value” for purposes of the Royalties and Sub-License Royalties calculations in Clauses 5.1.2 and 5.3.1, respectively, for such Licensed Product.

  • Combination Products means COBI Combination Products, EVG Combination Products, TDF Combination Products, TAF Combination Products and Quad Product.

  • Final Price means, with respect to a Security and an Auto-Call Valuation Date or the Valuation Date, subject to the Adjustment Provisions, the price of such Security as determined by the Calculation Agent as of the Valuation Time on the relevant Exchange on such Auto-Call Valuation Date or the Valuation Date, as the case may be.