Software Technology Services Fee definition
Examples of Software Technology Services Fee in a sentence
Prior to the earlier of (i) an Qualified IPO, and (ii) the time when JD Group receives from JD Finance the first payment of the JD Finance Royalty and Software Technology Services Fee (as defined under the IPLA) in accordance with Sections 5.1 and 5.2 of the IPLA, neither JD Finance nor any non-wholly owned Subsidiary of JD Finance shall declare or pay any dividends.
For the avoidance of doubt, any such obligation of Alipay and/or Purchaser to pay any Software Technology Services Fee, Alipay Royalty or New Fig Royalty accruing prior to the Amendment Date shall be actually paid by Alipay and/or the applicable Payor(s) to Alibaba IT (A50), Alibaba and/or any other designated Subsidiary of Alibaba, and not used to satisfy any obligation of Purchaser to fund any Funded Amounts pursuant to Section 2.6(b)(i) and Section 2.6(b)(ii) of the Transaction Agreement.
JD Group shall have the right, but not the obligation, to terminate this Agreement upon thirty (30) days’ prior written notice of a material breach of this Agreement, including failure to pay the JD Finance Royalty or the Software Technology Services Fee due under this Agreement, and failure to cure such material breach by JD Finance.
Within ninety (90) days after the end of each Opco fiscal year, Opco shall pay to Alibaba IT the Royalty owed during such fiscal year, and Opco shall pay to Opco IT the Software Technology Services Fee owed during such fiscal year.
Within ninety (90) days after the end of each fiscal year of the Payor, or upon such other payment schedule as Alibaba and Purchaser may otherwise agree (the “Payment Date”), the Payor shall pay to Alibaba IT (A50) and/or to Alibaba (as directed by Alibaba) the Software Technology Services Fee, the Alipay Royalty, and the New FIG Royalty each as owed during such fiscal year or other agreed-upon period.
Within ninety (90) days after the end of each fiscal year of JD Finance, or upon such other payment schedule as JD Group may otherwise agree (the “Payment Date”), JD Finance or its designated Subsidiary shall pay to the applicable JD Group Company (as directed by JD Group) the JD Finance Royalty and the Software Technology Services Fee, each as owed during such fiscal year or other agreed-upon period.
Purchaser’s, Alipay’s, or any Payor’s failure to pay the Alipay Royalty, the New FIG Royalty or the Software Technology Services Fee due under this Amended IPLA will not entitle Alibaba to terminate this Amended IPLA.
For clarity, any such recoveries shall be included in the consolidated pre-tax income of the Opco Group for the applicable fiscal year in which they are accrued for the purposes of the calculation of the Royalty and Software Technology Services Fee pursuant to Section 5.