Excess Profits. The GOL and the Company have reached an agreement regarding the allocation of “excess profits” of the Company, as set forth in Schedule 4.
Excess Profits. Excess Profits has the meaning set forth in 3.01(d).
Excess Profits. In the event that Landlord consents to any assignment or subletting, then as a condition thereto, Tenant will pay to Landlord fifty percent (50%) of all profit derived by Tenant from such assignment or subletting, net of all reasonable expenses in connection with such assignment or subletting (including, without limitation, leasehold improvements, brokerage commissions, marketing costs, legal fees, free rent and the like), provided that, for the avoidance of doubt, no such amounts shall be payable by Tenant to Landlord in connection with any Permitted Transfer. If a part of the consideration for such assignment or subletting will be payable other than in cash, the payment to Landlord will be in cash for its share of any non-cash consideration based upon the fair market value thereof. Tenant will pay to Landlord the portion of the profit, as aforesaid, within thirty (30) days after, the effective date of the subject assignment or the end of the term of the subject sublease (as applicable), and after Tenant has first recovered all such reasonable expenses and all Rent that Tenant is obligated hereunder to pay to Landlord with respect to the portion of the Premises which are the subject of such assignment or subletting.
Excess Profits. (a) If the Merger Agreement is terminated and a Termination Fee is paid or payable to Grantee, then the Principal Stockholders hereby agree to pay to Grantee an amount (the "Excess Profits") equal to fifty percent (50%) of the product of (i) the amount, if any, by which the Net Proceeds (as defined below) per Share from any sale, transfer or other disposition of their Shares that is either (x) received within six (6) months of the Termination Date, other than from dispositions of Shares not relating to an Acquisition Proposal, or (y) received at any time following the Termination Date pursuant to a written agreement solely with respect to an Acquisition Proposal entered into within six (6) months following the Termination Date (either (x) or (y), a "Non-Merger Sale") exceeds $12.50 per Share provided that no Excess Profits shall be paid or payable in respect of any Net Proceeds in
Excess Profits. In the event that Tenant sublets or assigns this Lease, Tenant shall pay to Landlord as Additional Rent an amount equal to fifty percent (50%) of any Increased Rent (as defined below) when and as such Increased Rent is received by Tenant. As used in this Paragraph 25(b), “Increased Rent” shall mean the excess of (i) all rent and other consideration that Tenant receives by reason of any sublease of the Premises (or any part thereof) or any assignment of the Lease, over (ii) the Rent otherwise payable by Tenant under this Lease at such time; provided, however, Tenant shall be entitled to deduct from such excess rental paid to Tenant prior to such payment to Landlord the following costs incurred by Tenant in securing such assignment or sublease: customary brokerage fees, reasonable advertising costs, reasonable legal fees and expenses, other economic concessions granted to such assignee or subtenant; and expenses for any improvements to be constructed in such assigned or sublease space.
Excess Profits. Seller agrees that if this order is or becomes subject to 10 U.S.C. 2382 and 10 U.S.C. 7300, as amended and extended, this contract shall be deemed to contain all of the agreements required by those sections; provided, however, that this paragraph shall not be construed to enlarge or extend by contract the obligations imposed by those sections. Seller further agrees to insert the provision of this paragraph in all subcontracts or purchase orders placed by Seller hereunder.
Excess Profits
