Accounting Statement Sample Clauses

Accounting Statement. Prior to the execution and delivery of this Settlement Agreement, MasterCard has delivered to TJX the Accounting Statement, a copy of which is attached as Exhibit 2 to this Settlement Agreement. MasterCard hereby represents and warrants to TJX that (i) the Alerted-On Accounts constitute not more than 26.1 million unique MasterCard Accounts; (ii) the Eligible MasterCard Issuers’ Alerted-On Accounts constitute, in the aggregate, not less than 86% of all MasterCard Issuers’ Alerted-On Accounts; (iii) the Claimed-On Accounts that are the subject of the operating expense reimbursement Issuer Claims filed with MasterCard by Eligible MasterCard Issuers and their Affiliated Issuers in connection with the TJX Intrusion constitute, in the aggregate, 13,354,885 MasterCard Accounts and include, in the aggregate, 3,537,530 Reissued Accounts and 9,817,355 Specially Monitored Accounts; (iv) except for the Mistaken Issuer Claims, MasterCard has no reason to believe that any Eligible MasterCard Issuer or any Affiliated Issuer of any Eligible MasterCard Issuer has failed to comply with the “one-claim-per-account” provisions of Section 10.3.4 of the MasterCard Security Rules and Procedures manual in its operating expense reimbursement Issuer Claim relative to its Claimed-On Accounts; and (v) each entity identified in the Accounting Statement as an Eligible MasterCard Issuer is a MasterCard Issuer and no MasterCard Issuer identified in the Accounting Statement as an Eligible MasterCard Issuer is a Sponsored Issuer of any other MasterCard Issuer identified in the Accounting Statement as an Eligible MasterCard Issuer. MasterCard hereby further represents and warrants to TJX that (i) the Accounting Statement correctly sets forth the information required to be set forth therein by the terms of the definition of the term “Accounting Statement”; (ii) except with respect to the Mistaken Issuer Claims (as to which the number of Claimed-On Accounts evidenced by each Mistaken Issuer Claim has been reduced by the number of such Accounts in excess of the Adjusted Worksheet Account Total for such Claim), the calculations and the numbers set forth in the Accounting Statement with respect to the Eligible MasterCard Issuers’ Claimed-On Accounts, Reissued Accounts, and Specially Monitored Accounts accurately reflect the numerical information provided to MasterCard by the Eligible MasterCard Issuers and their Affiliated Issuers in the Issuer Claims; (iii) the numerical information included in ...

Accounting Statement. Royalty statements (which statements shall be on the form attached hereto as Exhibit O and incorporated herein by this reference or such other form as the receiving party may designate in its discretion) shall be due and payments made within thirty (30) days after the close of each calendar quarter in which the paying party received any applicable revenue. Each party shall keep a record of all sales and shall submit, together with the royalty statements, a quarterly summary report of such sales. Notwithstanding the foregoing, pursuant to Paragraphs 7(b)(2) and 7(b)(3), Fox shall make all payments of revenue remitted directly by VGSL or any other CSP with whom the parties prospectively agree Fox will receive revenue directly, within thirty (30) days of receipt of such revenue.

Accounting Statement. The amounts of the Preliminary ADCR Liability Amount, Preliminary DCRS Liability Amount, the Notional ADCR Recovery of each Eligible Visa Issuer, and the Notional DCRS Recovery of each DCRS-Eligible Issuer, as such amounts are set forth in the Accounting Statement, were calculated in accordance with Visa’s standard methodologies. The amounts of the Notional ADCR Recovery Amount, Minimum Recovery Amount (if applicable), and Maximum Final ADCR Recovery Amount of each Eligible Visa Issuer, and of the Notional DCRS Recovery Amount and Maximum Final DCRS Recovery Amount of each DCRS-Eligible Issuer, as such amounts are set forth in the Accounting Statement, were calculated in accordance with the terms of this Settlement Agreement. The Accounting Statement shows: (a) the accurate number of U.S. Alerted-On Accounts for each Eligible Visa Issuer entitled to recovery under this agreement; (b) the accurate amount of each Eligible Visa Issuer’s Notional ADCR Recovery, Notional ADCR Recovery Amount, Minimum Recovery Amount (if applicable), and Maximum Final ADCR Recovery Amount; (c) the accurate amount of the Notional DCRS Recovery and Maximum Final DCRS Recovery Amount of each DCRS-Eligible Visa Issuer; and (d) that the aggregate amount of the U.S. Alerted-On Accounts for all the Eligible Visa Issuers is 86,765,509.

Accounting Statement. On or before the fourteen (14th) day following the END of each quarter, Connecticut General will provide to State Mutual an itemized statement, in duplicate, covering the following for approximately the quarter immediately preceding: 1. Underwriting fees contained in Schedule E for reinsurance submitted as facultative reinsurance under the terms of Article II (B). 2. Administrative Fees contained in Schedule E on all Reinsurance Assumed that has been allocated to the ACTUALIZER Reinsurance Account, and expenses, as defined in Article VI (A.2), relative to Reinsurance ceded by Connecticut General to State Mutual under this Agreement. 3. Amounts to the credit of State Mutual resulting from death claims incurred by State Mutual on business ceded by State Mutual and which have been allocated to the ACTUALIZER Reinsurance Account, based on available quarterly data. 4. Amounts for which State Mutual is obligated under Article III hereunder, resulting from death claims incurred on business ceded by Connecticut General to State Mutual, based on available quarterly data; provided that the liability of State Mutual under this sub-paragraph (4) with respect to any calendar year will not exceed 150% of State Mutual expected mortality for such year determined in accordance with Article III. This limitation will be applied annually, and will be reflected in the last quarterly accounting statement for each year. Based on the data referred to above and the terms of this Agreement, the accounting statement will indicate a net amount payable by Connecticut General to State Mutual, or a net amount payable to State Mutual to Connecticut General.

Accounting Statement. Commencing from the Initial Distribution Date, STREAM shall deliver to CNI a quarterly written accounting statement no later than fifteen days from the end of each calendar quarter. At a minimum, the accounting statement shall indicate: (i) the total number of STREAM’s subscribers as at respectively the last day of the prior month and the last day of each month of the relevant quarter; (ii) the total number of Subscribers as at, respectively, the last day of the prior month and the last day of each month of the relevant quarter; (iii) the Average Monthly Subscribers for each month of the relevant quarter; (iv) the number of disconnections and the number of new Subscribers for each month of the relevant quarter; and (v) the number of Channel Package and A-▇▇-▇▇▇▇▇ Channel Subscribers, respectively, at the end of each month of the relevant quarter.

Accounting Statement. GF shall provide MC with a monthly written statement setting out the actual number and sources of Advertising revenues collected by or payable to GF in connection with this Agreement, including but not limited to advertising rates, click rates, and effective CPM. Such statements shall be furnished to MC regardless of whether any Advertising sales were made during the applicable month. MC has the right to one (1) annual audit of GF’s financial records solely with respect to Advertising sales made on behalf of the MC Site under this Agreement and such audit shall be upon thirty (30) days written notice to GF, during normal business hours and at MC’s sole expense. If any such audit should reveal an underpayment in excess of ****percent or more, GF shall pay to MC in addition to such deficiency, the actual reasonable out of pocket expenses for such audit.

Accounting Statement. The following shall be added to the end of Section 3.4: “If, at the end of any calendar quarter, GF has less than **** in cash and cash equivalents, then: (i) the accounting statements will include the following financial metrics of GF: cash and cash equivalents, cash inflows and cash expenditures, and (ii) the audit rights in this Section 3.4 shall increase to three times per calendar year and shall include those separate books, records and accounts kept by GF and to be supplied with such additional information, including monthly management accounts and operating statistics and other trading and financial information reasonably necessary to determine GF’s financial condition, in such form as MC may reasonably require to keep it properly informed about the financial condition of GF; provided, however, that GF shall not be required to provide MC with confidential information of third parties.” GF shall provide such statements to MC no later than fifteen calendar days following the end of the month to which the statement relates.”

Accounting Statement. The calculations of amounts set forth in the Accounting Statement for each Eligible Visa Issuer were performed in accordance with Visa’s methodologies and consistent with the definitions herein of Set 1 ADCR Recovery, Set 2 ADCR Recovery, Set 3 ADCR Recovery, Set 4 ADCR Recovery, Total ADCR Recovery Amount, Minimum Recovery Amount, and Alternative Recovery Amount (it being understood that Visa relied on transaction information provided by or at the request of TJX and/or Fifth Third in determining whether any particular Visa Account was an Eligible Account). The aggregate amounts for each Eligible Visa Issuer and for all the Eligible Visa Issuers set forth in the Accounting Statement are equal to the amounts obtained by application of such methodologies, are consistent with the terms of this Settlement Agreement, and (in the case of the aggregate amounts set forth for all the Eligible Visa Issuers) equal the maximum payment amounts set forth in Paragraph 3.3 hereof.

Accounting Statement. Prior to the execution and delivery of this Settlement Agreement, MasterCard has delivered to HPS the Accounting Statement.