Marketing Funds. Sprint has the right (subject to the satisfaction of the conditions set forth in the relevant agreements) to have expended on its behalf approximately $250 million of market development and device incentive funds (“Marketing Funds”) by one or more vendors under supply agreements relating to the Sprint WiMAX Business. Subject to the terms of, and performance by Sprint of its obligations under the relevant agreements (x) to be performed prior to the Closing and (y) which relate to or impact the availability of any of the Marketing Funds, Sprint will have the right to retain up to $100 million of the Marketing Funds for its own benefit and not to assign those rights to the Transfer Entities. If the vendor or vendors providing the Marketing Funds to be allocated to Sprint are unwilling to allow Sprint to retain such Marketing Funds or allocate the full $100 million of Marketing Funds for Sprint’s own benefit prior to the end of 2009, NewCo will direct such additional spending of the Marketing Funds as directed by Sprint for the benefit of Sprint prior to December 31, 2009, so that Sprint receives the full $100 million benefit prior to that date. Such direction will be made by NewCo as and when the vendors have committed to expend any Marketing Funds after the Closing pursuant to supply agreements entered into by Sprint and its Subsidiaries prior to the Closing. Sprint and NewCo will discuss and cooperate with respect to the use of such Marketing Funds for Sprint’s benefit. If prior to the Closing, Sprint takes any actions to amend the Marketing Funds provisions of the relevant agreements or otherwise takes or fails to take any actions that adversely affect NewCo’s rights to the Marketing Funds (other than the $100 million of the Marketing Funds to be retained by Sprint pursuant to this Section 3.5), NewCo shall be entitled to seek monetary damages against Sprint to compensate NewCo for the loss of such Marketing Funds. NewCo will not take any actions to amend the Marketing Funds provisions of the relevant agreements or otherwise adversely affect such Marketing Funds to be allocated to Sprint until its obligations to Sprint under this Section 3.5 have been satisfied in full.
Marketing Funds. Each Semester, MS may allow COMPANY to participate in programs which provide the opportunity to earn marketing funds. COMPANY's participation in such programs shall be governed by COMPANY's then current Microsoft Rebate and Marketing Fund Offer Letter, and Microsoft's Marketing Fund Guidelines, as such may be promulgated and modified by MS, in its sole discretion, from time to time.
Marketing Funds. LVG will pass through, in the form of a credit memo, [***] provided by --- vendors for BuyGolf provided BuyGolf provides LVG with the necessary contract authorizing LVG to deduct the funds from the vendor. BuyGolf will provide marketing claims or invoice to LVG within [***] of activity along --- with a copy of the proof of performance if applicable.
Marketing Funds. Ingram will pass through to XLS on a dollar-for-dollar basis any co- op, rebate or marketing funds which it receives from Vendors which have been designated for XLS's use.
Marketing Funds. Section 5.4, Marketing Fund Reimbursement Policy, is deleted in its entirety. The Addendum is amended to include the following as Section 7:
Marketing Funds. Siebel agrees that it will secure a marketing budget matching the amount secured by Distributor during Year One of the License Term up to a maximum of (*). It is understood and agreed that of such amount, (*) will be specifically dedicated to generating potential opportunities for resale of the Licensed Software pursuant to this Agreement and (*) will be generally dedicated to further the parties' relationship as contemplated by this Agreement.
Marketing Funds. 13.1.1 If the Franchised Business is located in California or if the Franchised Business is located outside of California and Franchisor elects to establish other regional or a national Marketing Fund in the market area of the Franchised Business following the Effective Date, Franchisee shall make a Monthly Marketing Fund Contribution to the Marketing Fund each calendar month in the amount designated and required by Franchisor from time to time, which is currently $1,200 per calendar month for California franchisees and which shall not exceed $2,000 per calendar month for any Fiesta franchisee.
Marketing Funds. Ingram and Xxx.xxx agree to the terms of the Marketing Agreement incorporated herein as Exhibit B.
Marketing Funds. Advertising and marketing funds collected by Seller prior to closing, net of closing expenses not assumed by Buyer, will be credited against the Purchase Price.
Marketing Funds. After the Participating System Outlets have purchased [CONFIDENTIAL]* of CCF's Fountain Syrups and Frozen Syrups (the "Volume Threshold"), the Participating System Outlets will begin to earn Marketing Funds calculated at the rate of [CONFIDENTIAL]* for each gallon of CCF's Fountain Syrups and Frozen Syrups the Participating System Outlets purchase from that point forward until the end of the Term. The initial Volume Threshold of [CONFIDENTIAL]* is established by adding the Business Development Funds and the associated capital charge and dividing the sum by [CONFIDENTIAL]*. The Volume Threshold will be adjusted down on an annual basis, for each Year completed as follows: Year Two [CONFIDENTIAL]*; Year Three [CONFIDENTIAL]*; Year Four [CONFIDENTIAL]*; Year Five [CONFIDENTIAL]*; and Year Six [CONFIDENTIAL]*. The Volume Threshold may be increased as provided in the following section. If there is an amount remaining on the Volume Threshold upon the expiration of this Agreement, but MFOC has satisfied the Term of the Agreement by operating under this Agreement for the later of six (6) years or the fulfillment of the Volume Commitment as described more specifically in the "Term" section, the parties acknowledge and agree that MFOC will not owe any funds to CCF based on the remaining Volume Threshold. To qualify for funding, each Participating System Outlet must comply with all the following performance criteria:
