Total Actuals definition

Total Actuals for each calendar month with respect to a Feature Film shall mean the sum total of each and every Distributor Price for each and every ODRL Customer Transaction for such Feature Film occurring in such calendar month (e.g., for a single Feature Film with a single applicable Distributor Price, the Total Actuals would be the number of Customer Transactions for that Feature Film times the Distributor Price for such Included Program), without deduction, withholding or offset of any kind (except as set forth in Section 8.10). The “Distributor Price” for each Feature Film shall be determined by CDD in its sole discretion. While the Availability Notice shall set forth the respective Distributor Price for each Feature Film, Licensor currently anticipates categorizing Feature Films into one of the following pricing tiers: CDD shall notify Amazon of the Distributor Prices for each Feature Film in a written notice to Amazon from time to time. CDD may update Distributor Prices and/or add or remove pricing tiers at any time in CDD’s sole discretion pursuant to the notice procedures set forth in Section 8.1.4, below; provided, however, that, as a general practice, CDD shall not (a) change Distributor Prices more frequently than once per week or (b) change the Distributor Price for the same Feature Film more than two (2) times per month (excluding changes related to temporary promotions). Notice of any adjustment to the Distributor Prices for a Feature Film (“Repricing”) shall be set forth in a written notice to Amazon not less than 15 days prior to the effective date of such Repricing. The actual retail price charged to a Customer by Amazon for each ODRL Customer Transaction shall be established by Amazon in its sole discretion.
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Total Actuals for each calendar month shall mean the sum total of each and every Distributor Price for each and every Customer Transaction occurring in such calendar month (e.g., for a single Feature Film with a single applicable Distributor Price, the Total Actuals would be the number of Customer Transactions for that Feature Film times the Distributor Price for such Included Program), without deduction, withholding or offset of any kind, provided, however, that (i) Technical Credits in an amount not to exceed 2% of the proceeds of all Customer Transactions in such calendar month shall not count as proceeds of Customer Transactions for the purpose of calculating Total Actuals for such month, and (ii) Amazon may deduct the amount of any Withdrawn Program Credits issued during the applicable calendar month in order to arrive at the Total Actuals for such month to the extent such Withdrawn Program Credits are issued in connection with Customer Transactions that took place within 60 days prior to the applicable Withdrawal. In consideration of the rights granted hereunder, Amazon shall pay to CDD, with respect to each Television Program that is an Included Program (i) a Television Program License Fee (as determined in accordance with Section 8.2.1) and (ii) a Television Program Servicing Fee (as determined in Section 9.3.1).
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Total Actuals for each calendar month shall mean the sum total of each and every Distributor Price for each and every Customer Transaction occurring in such calendar month (e.g., for a single Feature Film with a single applicable Distributor Price, the Total Actuals would be the number of Customer Transactions for that Feature Film times the Distributor Price for such Included Program), without deduction, withholding or offset of any kind, provided, however, that (i) Technical Credits in an amount not to exceed 2% of the proceeds of all Customer Transactions in such calendar month shall not count as proceeds of Customer Transactions for the purpose of calculating Total Actuals for such month, and (ii) Amazon may deduct the amount of any Withdrawn Program Credits issued during the applicable calendar month in order to arrive at the Total Actuals for such month to the extent such Withdrawn Program Credits are issued in connection with Customer Transactions that took place within 60 days prior to the applicable Withdrawal.
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Examples of Total Actuals in a sentence

  • For each calendar month of the Term during the applicable ODRL Availability Period, with respect to each Feature Film that is an Included Program available for delivery on an ODRL basis during such calendar month, the “Film ODRL License Fee” shall be equal to the aggregate total of all Total Actuals occurring during such calendar month with respect to such Feature Film, as described and calculated as set forth below.

  • During the Term, the “License Fee” shall be equal to the aggregate total of all Total Actuals occurring during the Term, as described and calculated as set forth below.

  • Amazon shall pay CDD the License Fee, Film Servicing Fee, Television Program License Fee and Television Program Servicing Fee for all Included Programs as follows: Amazon shall pay to CDD the Film Servicing Fee and HD Film Delivery Costs as set forth in Section 9.2. Amazon shall calculate, report and pay to CDD the Total Actuals for all Feature Films during each calendar month of the Term within forty-five (45) days of the end of the month in which such Total Actuals are accrued.

  • Licensee shall pay to Licensor the Total Actuals resulting from all DHE Customer Transactions that occurred in the previous month within 45 days of the end of such month.

  • Licensee shall pay all DHE Total Actuals in US Dollars in accordance with Section 7.1 of Schedule A within 30 days after delivery to Licensee of the invoice covering DHE Total Actuals earned for the previous month.

  • The DHE Total Actuals shall be calculated for all DHE Customer Transactions occurring during each calendar quarter of the DHE Term and shall be paid within forty-five (45) days of the end of the quarter in which such DHE Total Actuals are accrued.

Related to Total Actuals

  • Actual/Actual means interest or any other relevant accrual factor shall be calculated in accordance with the definition of “Actual/Actual” adopted by the International Securities Market Association (“Actual/Actual (ISMA)”), which means a calculation on the basis of the following:

  • Total Profit means the aggregate amount (before taxes) of the following: (i) the amount received by Grantee pursuant to Issuer's repurchase of the Option (or any portion thereof) pursuant to Section 7, (ii) (x) the amount received by Grantee pursuant to Issuer's repurchase of Option Shares pursuant to Section 7, less (y) the Grantee's purchase price for such Option Shares, (iii) (x) the net cash amounts received by Grantee pursuant to the sale of Option Shares (or any other securities into which such Option Shares are converted or exchanged) to any unaffiliated party, less (y) the Grantee's purchase price of such Option Shares, (iv) any amounts received by Grantee on the transfer of the Option (or any portion thereof) to any unaffiliated party, and (v) any amount equivalent to the foregoing with respect to the Substitute Option.

  • EBITA means for any period, operating profit (loss) plus (i) amortization, including goodwill impairment, (ii) amortization of non-cash distribution and marketing expense and non-cash compensation expense, (iii) restructuring charges, (iv) non-cash write-downs of assets or goodwill, (v) charges relating to disposal of lines of business, (vi) litigation settlement amounts and (vii) costs incurred for proposed and completed acquisitions.

  • Total Equity as of any date, means the total equity attributable to the Company’s shareholders on a consolidated basis determined in accordance with U.S. GAAP, as shown on the consolidated balance sheet of the Company for the most recent fiscal quarter.

  • Adjusted Funds From Operations means, for any period, Net Cash Flows From Operating Activities for such period plus Interest Expense for such period minus (x) the portion (but not less than zero) of Net Cash Flows From Operating Activities for such period attributable to any consolidated Subsidiary that has no Debt other than Nonrecourse Indebtedness and (y) After-Tax Transitional Funding Instrument Revenue for such period.