Current Films Clause Samples

The 'Current Films' clause defines which films are considered as presently active or relevant under the agreement. Typically, this clause lists or references specific titles, release windows, or production statuses to clarify which films are included. By clearly identifying the applicable films, the clause ensures that both parties understand the scope of their rights and obligations, preventing disputes over which films are covered by the contract.
Current Films. With respect to each Territory, Licensor shall make all Current Films available for licensing hereunder for the applicable Territory. Licensor shall timely notify Licensee of each Current Film’s Availability Date, License Period and available resolutions (e.g., HD, SD) in the applicable Territory (each such notification, a “Current Avail Notice”). If Licensee wishes not to license any particular Current Film(s) listed in a Current Avail Notice with respect to such Territory, Licensee shall so notify Licensor in writing within thirty (30) days after Licensee’s receipt of the Current Avail Notice for such Current Film(s). For clarity, the foregoing shall not limit in any manner whatsoever Licensee’s obligation to license the Minimum Licensing Commitment with respect to Current Films in accordance with Section 3.1 above.
Current Films. In the event that twenty-six (26) Current Films are not made available to Licensee pursuant to the immediately foregoing sentence by October 1, 2015, the parties shall review and discuss the Current Films which are available with respect to Avail Year 2, and in the further event that fewer than fifteen (15) Current Films are available for exhibition by Licensee for Avail Year 2, then the parties shall discuss in good faith a proportionate reduction of Included Program License Fees.
Current Films. For each Avail Year, all new releases including telefilms/direct-to- videos (“DTVs”) with Availability Dates during the Avail Term for which Licensor controls without restriction the necessary VOD rights in the included Territory.
Current Films. The DISH License Period for any Current Film shall mean a period commencing on its DISH Availability Date and ending no earlier than sixty (60) days and no later than one hundred twenty (120) days thereafter; provided, that, except as otherwise expressly set forth in this Agreement with respect to ‘tests’, in no event shall such DISH License Period begin later or end earlier than the General License Period for such Current Film. In addition, for clarity, in no event shall any Current Film be available via Free Television or Pay Television during such Licensed Picture’s DISH License Period hereunder.
Current Films. Licensor shall provide DISH with a Picture Availability Report for each Current Film available for licensing as Licensed Pictures hereunder not less than the earlier of ninety (90) days prior to the earliest General Availability Date set forth in such document; provided, that the foregoing shall not limit the provisions of Section 4.2 above in any manner whatsoever; and further provided that incidental, de minimus failures on the part of Licensor to provide such notice timely shall not be a breach of this Agreement. DISH shall provide Licensor with a Picture Confirmation Report no later than 60 days in advance of the corresponding Licensed Picture’s DISH Availability Date; provided, that in no event shall the failure of DISH to deliver such Picture Confirmation Report relieve DISH of any obligation hereunder; and further provided that incidental failures on the part of DISH to provide such report timely shall not be a breach of this Agreement.
Current Films. DISH shall license for exhibition on a VOD and PPV basis, as applicable, and subject always to Section 6.2: (i) via the Satellite PPV and Push VOD Distribution Systems, all Current Theatricals with Gross Domestic Box Office greater than or equal to $10 million; provided, however, that DISH shall not be obligated to license any such Current Films that are unrated or have an MPAA rating of “NC-17” if no other unrated or “NC- 17” rated titles of any other Major Studio are being exhibited on Licensed Service via the Satellite PPV and Push VOD Distribution Systems at such time; and (ii) via the IP VOD Distribution System, all Current Theatricals and, subject to Section 4.1.2 below, not fewer than one hundred twenty-five (125) Current DTVs in Term Year 1, one hundred fifty (150) Current DTVs in Term Year 2, and one hundred seventy-five (175) Current DTVs in Term Year 3. In the event that in a given Term Year Licensor makes available for licensing to DISH as Licensed Pictures hereunder a number of Current DTVs that exceeds the corresponding Term Year’s minimum commitment, then the Current DTVs to be licensed by Licensee for exhibition via the IP VOD Distribution System shall be selected by mutual agreement using maximization of revenues for each of Licensor and DISH hereunder as the basis for selection. If the parties fail to reach an agreement with respect to the foregoing, Licensee shall license the Current DTVs in the order in which their General Availability Dates occur. For clarity, DISH shall have the right (but not the obligation) to license for exhibition on a PPV and VOD basis via the Satellite PPV and Push VOD Distribution Systems, as applicable, (a) Current Theatricals with Gross Domestic Box Office less than $10 million or, if not otherwise required, no rating or “NC-17” rating, or (b) Current DTVs. Each Picture licensed by DISH pursuant to the immediately preceding sentence shall count towards satisfying DISH’s obligation to license a minimum number of Library Films equal to the Shortfall (as described below); provided, that DISH exhibits any such Picture under clause (a) in accordance with Section 6.2.1, and any such Picture under clause (b) in accordance with terms mutually agreed in writing.
Current Films. Licensor shall periodically notify Licensee as to the availability for licensing hereunder of each Current Film, together with its Availability Date, License Period and available resolutions (e.g., HD, SD) (each such notification, a “Current Avail Notice”). If Licensee wishes not to license any particular Current Film(s) listed in a Current Avail Notice, Licensee shall so notify Licensor in writing within thirty (30) days after Licensee’s receipt of the Current Avail Notice for such Current Film(s). For clarity, the foregoing shall not limit in any manner whatsoever Licensee’s obligation to license the Minimum Licensing Commitment with respect to Current Films in accordance with Section 3.1 above.

Related to Current Films

  • SEC Filings AMAO has filed all documents required to be filed by AMAO under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof (the “SEC Filings”), and AMAO has filed such materials on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Documents prior to the expiration of any such extension, except for its Quarterly Reports on Form 10-Q for the quarterly periods ended March 31, 2021, June 30, 2021 and September 30, 2021. As of their respective filing dates, the SEC Documents complied in all material respects with the requirements of the Securities Act and the Exchange Act as applicable to the SEC Filings and the rules and regulations of the Commission promulgated thereunder, except for a warrant accounting issue (the “Warrant Accounting Issue”) and a classification error related to temporary equity and permanent equity made in AMAO’s historical financial statements where, at the closing of AMAO’s initial public offering, AMAO improperly valued its common stock subject to possible redemption (the “Temporary Equity Issue”). None of the SEC Documents, contained, when filed or, if amended prior to the date of this Agreement, as of the date of such amendment with respect to those disclosures that are amended, any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, except for the Warrant Accounting Issue and the Temporary Equity Issue. There are no material outstanding or unresolved comments in comment letters from the Commission staff with respect to any of the SEC Filings. Except for the Warrant Accounting Issue and the Temporary Equity Issue, the financial statements contained in the SEC Filings have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“GAAP”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of AMAO and its consolidated subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

  • SEC Documents The Company has made available to the Investors true and complete copies of the SEC Documents. The Company has not provided to the Investors any information that, according to applicable law, rule or regulation, should have been disclosed publicly prior to the date hereof by the Company, but which has not been so disclosed. As of their respective dates, the SEC Documents complied in all material respects with the requirements of the Exchange Act, and rules and regulations of the SEC promulgated thereunder and the SEC Documents did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Documents complied in all material respects with applicable accounting requirements and the published rules and regulations of the SEC or other applicable rules and regulations with respect thereto at the time of such inclusion. Such financial statements have been prepared in accordance with generally accepted accounting principles applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they exclude footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited interim statements, to normal year-end audit adjustments). Neither the Company nor any of its subsidiaries has any material indebtedness, obligations or liabilities of any kind (whether accrued, absolute, contingent or otherwise, and whether due or to become due) that would have been required to be reflected in, reserved against or otherwise described in the financial statements or in the notes thereto in accordance with GAAP, which was not fully reflected in, reserved against or otherwise described in the financial statements or the notes thereto included in the SEC Documents or was not incurred in the ordinary course of business consistent with the Company's past practices since the last date of such financial statements.

  • Patent Filings (a) Each Party, at its own cost, shall prepare, file, prosecute and maintain Patents to cover inventions made solely by its own employees or consultants relating to Substance, the Drug Substance, the Drug Product or the Product in the Field (“Inventions”) and shall use Commercially Reasonable Efforts to file initially all such applications in and outside the Territory. If either Party elects not to file, prosecute, or maintain any such Patent in any country, it shall give the other Party notice of this election within a reasonable period prior to allowing such Patent to lapse, become abandoned or become unenforceable, and prior to taking any steps which would render such an Invention unpatentable and assign all rights in this Patent related to such country to the other Party allowing this other Party to file, prosecute, and maintain this Patent in such country. Schering shall have the right to file, prosecute and maintain Joint Patents and to determine the countries in which to file Joint Patents, provided that, in all cases, Schering shall reasonably consult and cooperate with Exhale in connection therewith. Schering shall have the right to direct and control all material actions relating to the prosecution or maintenance of these Joint Patents in any country, including correspondence with patent authorities (Schering’s address being named for services), interference proceedings, reexaminations, reissue, opposition and revocation proceedings. If either Party elects not to participate in any such Joint Patent or to quit its participation therein, it shall give notice of this election to the other Party and assign all rights in this Joint Patent to the other Party allowing this Party to file, prosecute and maintain this Joint Patent as being such Party’s solely owned Patent. Each Party shall keep the other informed of all actions taken under this Section 11.3, and provide to the other Party all necessary declarations and cooperate with the other Party to enable Patents or Joint Patents to be issued or transferred. This Section 11.3 (a) shall survive the termination of this Agreement for any reason. (b) The Parties agree to use Commercially Reasonable Efforts to ensure that any Patent or Joint Patent (on an Invention or Joint Invention) filed outside of the U.S. prior to filing in the U.S. will be in a form sufficient to establish the date of original filing as a priority date for the purposes of a subsequent filing in the U.S. The Parties agree to use Commercially Reasonable Efforts to ensure that any Patent or Joint Patent (on an Invention or Joint Invention) filed in the U.S. prior to filing outside the U.S. will be in a form sufficient to establish the date of original filing as a priority date for the purpose of a subsequent filing in any contracting state of the Paris Convention. (c) License Grant. All Inventions by Schering employees or consultants and Schering’s rights in all Joint Inventions relating to the Substance, Drug Substance, Drug Product and/or Product in the Field and the Territory shall be subject to the licenses granted to Exhale in Articles II and VI (as applicable) of this Agreement. Exhale shall grant to Schering a royalty-free, exclusive, sub-licensable license to use these Inventions and any Patents resulting therefrom in connection with the Product in the Field outside the Territory. Furthermore, Exhale shall grant to Schering a royalty-free, exclusive, sub-licensable license to use any Know-how generated by Exhale under this Agreement relating to the Product in the Field in connection with the Product in the Field outside the Territory.

  • Public Filings The documents filed by the Company (the "Public Filings") with the Commission at the time they were filed with the Commission, complied in all material respects with the requirements of the 1933 Act, the Securities Exchange Act of 1934, as amended (the "1934 Act"), and the rules and regulations promulgated thereunder, as applicable. The Public Filings do not include any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

  • Subsequent Financial Statements The Company shall consult with Parent prior to making publicly available its financial results for any period after the date of this Agreement and prior to filing any Company SEC Documents after the date of this Agreement, it being understood that Parent shall have no liability by reason of such consultation.