Five percent Clause Samples

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.

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) .

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.

Five percent. (5%) Increase

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.

Five percent. (i) Local Switching (traffic sensitive basket) (ii) Information (traffic sensitive bas- ket) (iii) Database Access Services (traffic sensitive basket)

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.