Five percent Clause Samples

Five percent. The actual gross sales from the operation of the existing outlet or location for the twelve-month period immediately following the opening of the new outlet or location.
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Five percent. (5%) of the gross receipts (as hereinafter defined) of the User arising during each annual period in excess of an amount ("the annual exemption amount") to be calculated (1) by determining the sum of (a) the then effective monthly fee and (b) .833% of the capital investment by the User in new buildings or new structures as such are defined in Section 17.8 hereof; and (2) multiplying said sum by a factor of two hundred forty (240); and 5.9.2 1 4 of 1% of gross receipts from sales of aircraft.
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Five percent. (5%) of Net Sales by Licensee and Licensee's sublicensee(s) (or an Affiliate of Licensee) of Licensed Products and/or Licensed Process(es) .
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Five percent. (5%) During each year of the Term following the Completion Date, the Company's compensation payments pursuant to this Section 7.1.1(a) shall not be less than $200,000.00 (two hundred thousand dollars). To the extent that the sum of all payments pursuant to this Section 7.1.1 (a) with respect to any year is less than said minimum payment, then the Company's compensation payment to be made within forty-five (45) days of the last day of December of said year pursuant to Section 7.1.2 shall include an amount which brings the total amount paid with respect to said year up to said minimum payment.
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Five percent. (5%) Increase
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Five percent. On or after 11:00 a.m. and before 7:00 p.m. (a) Amount of Shift Premium Scheduled Shift Starting Time When an employee covered by (a) above is scheduled to work more than nine hours and until or beyond 2:00 a.m., the employee shall be paid ten percent (10%) for the hours worked after 12 midnight. In applying the above night shift premium provisions, an employee shall be paid the premium rate, if any, which attaches to the shift the employee works on a particular day. (a) An employee hired on or after April 8, 2013, will be paid night shift premium including overtime premium pay for the first 10 years of their employment, in accordance with the following chart: After 4:45 a.m. and before $1.00/hour 6:00 a.m. until 7:00 a.m.
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Five percent. (i) Local Switching (traffic sensitive basket) (ii) Information (traffic sensitive bas- ket) (iii) Database Access Services (traffic sensitive basket)
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Five percent. Preferred Stockholders shall have a right of oversubscription such that if any Five Percent Preferred Stockholder fails to accept the Offer as to its or his full Pro Rata Fraction, the other Five Percent Preferred Stockholders shall, among them, have the right to purchase up to the balance of the Offered Shares not so purchased. Such right of oversubscription may be exercised by a Five Percent Preferred Stockholder by accepting the Offer as to more than its or his Pro Rata Fraction. If, as a result thereof, such oversubscriptions exceed the total number of Offered Shares available in respect of such oversubscription privilege, the oversubscribing Five Percent Preferred Stockholders shall be cut back with respect to their oversubscriptions so as to sell the Offered Shares as nearly as possible in accordance with their respective Pro Rata Fractions or as they may otherwise agree among themselves. In all instances, the Five Percent Preferred Stockholders shall have the right to purchase only such Offered Shares as are not purchased by the Company.
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Related to Five percent

  • percent This is not a contract specific goal but an overall goal for annual DBE participation. PTN grantees should undertake efforts to include DBE businesses in purchasing and contracting opportunities, and are encouraged to utilize DBE business whenever practicable. The full definition of DBE program requirements is found in Article 23 of the Master Grant Agreement.

  • Five weeks accrual - Employees shall accrue five weeks of vacation annually after the completion of 520 full-time biweekly pay periods (20 years) of continuous employment, up to a maximum balance of ten weeks.

  • Total Nationality: country to which the person belongs administratively and that issues the ID card and/or passport.

  • Maximum Percentage A holder of a Warrant may notify the Company in writing in the event it elects to be subject to the provisions contained in this subsection 3.3.5; however, no holder of a Warrant shall be subject to this subsection 3.3.5 unless he, she or it makes such election. If the election is made by a holder, the Warrant Agent shall not effect the exercise of the holder’s Warrant, and such holder shall not have the right to exercise such Warrant, to the extent that after giving effect to such exercise, such person (together with such person’s affiliates), to the Warrant Agent’s actual knowledge, would beneficially own in excess of 9.8% (the “Maximum Percentage”) of the Ordinary Shares outstanding immediately after giving effect to such exercise. For purposes of the foregoing sentence, the aggregate number of Ordinary Shares beneficially owned by such person and its affiliates shall include the number of Ordinary Shares issuable upon exercise of the Warrant with respect to which the determination of such sentence is being made, but shall exclude Ordinary Shares that would be issuable upon (x) exercise of the remaining, unexercised portion of the Warrant beneficially owned by such person and its affiliates and (y) exercise or conversion of the unexercised or unconverted portion of any other securities of the Company beneficially owned by such person and its affiliates (including, without limitation, any convertible notes or convertible preferred shares or warrants) subject to a limitation on conversion or exercise analogous to the limitation contained herein. Except as set forth in the preceding sentence, for purposes of this paragraph, beneficial ownership shall be calculated in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). For purposes of the Warrant, in determining the number of outstanding Ordinary Shares, the holder may rely on the number of outstanding Ordinary Shares as reflected in (1) the Company’s most recent Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other public filing with the Commission as the case may be, (2) a more recent public announcement by the Company or (3) any other notice by the Company or Continental Stock Transfer & Trust Company, as transfer agent (in such capacity, the “Transfer Agent”), setting forth the number of Ordinary Shares outstanding. For any reason at any time, upon the written request of the holder of the Warrant, the Company shall, within two (2) Business Days, confirm orally and in writing to such holder the number of Ordinary Shares then outstanding. In any case, the number of issued and outstanding Ordinary Shares shall be determined after giving effect to the conversion or exercise of equity securities of the Company by the holder and its affiliates since the date as of which such number of issued and outstanding Ordinary Shares was reported. By written notice to the Company, the holder of a Warrant may from time to time increase or decrease the Maximum Percentage applicable to such holder to any other percentage specified in such notice; provided, however, that any such increase shall not be effective until the sixty-first (61st) day after such notice is delivered to the Company.

  • Less the face value of (i.e., for purposes of current Moody’s guidelines, a. cash, b. short-term Municipal Obligations rated ▇▇▇-▇, ▇▇▇▇-▇ ▇▇ ▇-▇, and c. short-term securities that are the direct obligation of the U.S. government, provided in each case that such securities mature on or prior to the date upon which any of 1a through 1g become payable, otherwise the Moody’s Discounted Value) of any of the Fund’s assets irrevocably deposited by the Fund for the payment of any of 1a through 1g Less: The value of any of the Fund’s assets irrevocably deposited by the Fund for the payment of any of 1a through 1g.