Sales Statement Sample Clauses

Sales Statement. Licensee shall deliver to Licensor and Artist at the time each Sales Royalty payment is due, a reasonably detailed report in accordance with Generally Accepted Accounting Principles signed by an officer of Licensee and Perfumania and certified as true, accurate and complete, identifying separately by SKU number the items, quantities and Net Sales of each style of Licensed Product broken out by customer account and by country sold by Licensee and/or its Affiliates, Subsidiaries, distributors and/or sub-licensees during the quarter for which payment is being made and then at the end of each Sales Year for the entire Sales Year, and any other information reasonably requested by Licensor in connection therewith. Each such report shall include, in addition to the total number of each Licensed Product sold and the royalty due thereon, a detailed presentation of the computation of royalties, including the quantities and Net Sales of each item sold, and the application of any credits. A statement shall be rendered for each quarter whether or not any royalties are due. Such information shall be maintained in confidence by and on behalf of Licensor, subject to disclosure only as required by law. Notwithstanding the foregoing, Licensor acknowledges and agrees that Licensee shall not be selling the Licensed Products into the market. Sales will actually be made by Perfumania and the books and records reflecting such sales shall be in the exclusive control and possession of Perfumania so that any reporting required herein shall be generated by Perfumania based on the accounting records of Perfumania. Licensee and Perfumania shall deliver to Licensor, not later than ninety (90) days after the close of each Sales Year during the Term of this Agreement (or portion thereof in the event of prior termination for any reason), a statement, prepared in accordance with GAAP, signed by a duly authorized officer relating to said entire Sales Year, setting forth the same information required to be submitted by Licensee in accordance with the first paragraph of this Article and also setting forth the information concerning expenditures for the Consumer Advertising and Promotion of Licensed Products during such Sales Year required by Article 11 hereof. * Confidential terms omitted and provided separately to the Securities and Exchange Commission.

Sales Statement. (a) Licensee shall deliver to Licensor at the time each Sales Royalty payment is due, a statement signed by a duly authorized officer of Licensee and certified by him or her as accurate indicating per Licensed Store and Shop-within-a-Shop: (a) by product category, by style number, by customer and in the aggregate, the number and aggregate invoice price of all products and services sold through the Licensed Stores and Shop-within-a-Shops during the period covered by such Sales Royalty payment and the amount of discounts, allowances, returns and any other deductions from gross sales, (b) a separate list of all SKUs of Licensor Products actually sold during the reporting period, (c) the amount of any insurance proceeds received by Licensee in respect of products and services during said period, and setting forth a computation of the amount of Sales Royalty payable hereunder for said period (“Sales Statement”). The reporting period for each Sales Statement shall be the prior calendar month, and the format of the Sales Statement shall be mutually agreed upon by the Parties. Such statement shall be furnished to Licensor whether or not any products or services have been purchased during the reporting period for which such statement is due. A copy of the foregoing reports shall be sent to Licensor in Excel format. (b) In addition to the Sales Statement for the final calendar month of each Annual Period, Licensee shall deliver to Licensor, not later than sixty (60) days after the close of each Annual Period (or portion thereof in the event of prior termination for any reason), a statement signed and certified by its chief executive or financial officer relating to said entire Annual Period, setting forth the same information required to be submitted by Licensee in accordance with Section 6.7(a).

Sales Statement. 10.1 Licensee shall deliver to Licensor at the time each Sales Royalty payment is due, a statement signed by a duly authorized officer of Licensee and certified by him as accurate indicating, sales by product category, shipped during the period covered by such sales Royalty payment, the amount of discounts and credits from gross sales which may be deducted therefrom and a computation of the amount of Sales Royalty payable hereunder for said period. Such statement shall be furnished to Licensor whether or not any Articles have been sold during the period for which such statement is due. 10.2 Licensee shall deliver to Licensor, not later than forty-five (45) days after the close of each Annual Period (or portion thereof in the event of prior termination for any reason), a statement signed and certified by a duly authorized officer of licensee and certified by him a accurate relating to said entire Annual Period, setting forth the same information required to be submitted by Licensee in accordance with paragraph 10.1 above and also setting forth, with respect to the advertising and promotion of Articles, the total amount expended by Licensee therefor during such Annual Period, including and stating separately those amounts paid for cooperative, trade and national consumer media advertisements

Sales Statement. (a) Licensee shall deliver to Licensor, at the time each Sales Royalty payment is due, a statement (the "QUARTERLY STATEMENT") signed and certified as accurate by Licensee's chief financial officer, setting forth the just completed Payment Period and the Annual Period-to-date: (i) the number and invoice price of all Articles invoiced or shipped to Licensee's customers, the amount of discounts and returns which properly may be deducted from Net Sales, all by Brand, by gender, by customer, by door (to the extent available), by month, and in the aggregate; (ii) the amount of Sales Royalty then due and payable; (iii) the amounts spent by Licensee for advertising, marketing and other promotional activities, all by Brand, by gender and by type of activities and in the aggregate; and (iv) the amount of discounts and returns which may be deducted from Net Sales by Brand, by gender, by customer, by month and in the aggregate. (i) Licensee shall deliver to Licensor monthly, within ten (10) days after the end of each month commencing with the first month during which Articles are shipped, detailed sell-in reports, in both units and dollar amounts, covering the preceding month and the Annual Period-to-date, by Brand, by gender, by customer, by door, by style or stock keeping unit and by collection, with a comparison to the corresponding period during the preceding Annual Period; (ii) Licensee shall deliver to Licensor detailed weekly sell-through reports (including sales and stock information for "this year," "last year" and "planned"), by Brand, by gender, by customer, by door (to the extent available) and by collection, with information presented for the week, the month-to-date, the season-to-date and the Annual Period-to-date. The final such report for each month also shall include the required information by style. Each weekly sales report shall cover the proceeding Sunday through Saturday and shall be delivered no later than the following Friday. (c) Each of the Quarterly Statements and Licensee's other statements, reports and other items to be delivered under this Paragraph 9 shall be prepared in a format reasonably acceptable to Licensor which may be amended from time to time. 9.2 Licensee shall deliver to Licensor, not later than forty-five (45) days after the end of each Annual Period, a statement signed and certified by its chief financial officer, relating to the entire Annual Period and setting forth the same information required of Licensee in accordance ...

Sales Statement. Licensee shall deliver to Licensor (including copies as set forth below) on each Payment Date, a reasonably detailed report signed by a duly authorized officer of Licensee indicating by quarter the Net Sales and a computation of the amount of Sales Royalty payable hereunder for said period. Such statement shall be furnished to Licensor whether or not any Articles have been sold during the period of which such statement is due. Licensee shall deliver to Licensor, not later than ninety (90) days after the close of each Annual Period during the Term of this Agreement (or portion thereof in the event of prior termination for any reason), a statement signed by a duly authorized officer relating to said entire Annual Period, setting forth the same information required to be submitted by Licensee in accordance with the first paragraph of this Article and also setting forth the information concerning expenditures for the advertising and promotion of Articles during such Annual Period required by Article 10 hereof.

Sales Statement. 13.1 The figure attributed to “Periods 1 to 12, 2005, System Sales” in column (2) of the Sales Statement does not overstate the system sales of the Perfect Pizza business operated by the Vendor in the period from 27 December 2004 to 25 December 2005. 13.2 The figure attributed to “Periods 1 to 12, 2005, Food Sales” in column (2) of the Sales Statement does not misstate in any material respect the food sales of the Vendor to Perfect Pizza franchisees in the period from 27 December 2004 to 25 December 2005. 13.3 The figure attributed to “Periods 1 to 12, 2005, Marketing Income” in column (2) of the Sales Statement does not overstate the invoiced marketing income of the Perfect Pizza franchising business as operated by the Vendor in the period from 27 December 2004 to 25 December 2005. 13.4 The figure attributed to “Periods 1 to 12, 2005, Distribution Costs” in column (2) of the Sales Statement does not misstate in any material respect the aggregate distribution costs of the Vendor in respect of distribution from the ▇▇▇▇▇▇ Park Site to Perfect Pizza franchisees and Papa John’s franchisees and other restaurants in the period from 27 December 2004 to 25 December 2005. 13.5 The figure attributed to “Periods 1 to 12, 2005, Adjusted System Sales” in column (2) of the Sales Statement does not overstate the system sales of the Franchise Sites in the period from 27 December 2004 to 25 December 2005. 13.6 The figure attributed to “2006, Adjusted Systems Sales” in column (2) of the Sales Statement does not overstate the systems sales of the Franchise Sites in the period from 27 December 2005 to 22 January 2006. 13.7 The figure attributed to “Periods 1 to 12, 2005, Admin Royalty Income” in column (2) of the Sales Statement does not overstate the invoiced admin royalties of the Perfect Pizza franchising business as operated by the Vendor in the period from 27 December 2004 to 25 December 2005.

Sales Statement. Licensee shall deliver to Licensor at the time each Sales Royalty payment is due, a statement indicating by month, the number, description and invoice price of all Articles shipped during the period covered by such Sales Royalty payment, the amount of discounts and credits from gross sales which may be deducted therefrom pursuant to this Agreement and a computation of the amount of Sales Royalty payable hereunder for said period. Such statement shall be furnished to Licensor whether or not any Articles have been sold during the period of which such statement is due. Licensee shall deliver to Licensor, not later than sixty (60) days after the close of each Annual Period during the term of this Agreement (or portion thereof in the event of prior termination for any reason), a statement signed by a duly authorized officer relating to said entire Annual Period, setting forth the same information required to be submitted by Licensee in accordance with the first paragraph of this Article.

Sales Statement. Licensee shall deliver to Licensor at the time each Sales Royalty payment is due, a reasonably detailed report indicating the Net Sales and a computation of the amount of Sales Royalty payable hereunder for said period. Such statement shall be furnished to Licensor whether or not any Licensed Product has been sold during the period of which such statement is due.

Sales Statement. 5.1 Licensee shall deliver to St. John at the ▇▇▇e each Sales Royalty payment is due, a statement certified by a duly authorized officer of Licensee as accurate, indicating, by month and by outlet or customer, the number and invoice price of all Licensed Products shipped or sold (whichever occurs first) during the period covered by such Sales Royalty payment, the amount of discounts and credits from gross sales which may be deducted therefrom, a computation of the amount of Sales Royalty payable hereunder for said period, and such other information as St. John may ▇▇▇▇▇nably request from time to time. Such statement shall be furnished to St. John wheth▇▇ ▇r not any Licensed Products have been sold during the period for which such statement is due. Together with each such statement, Licensee shall deliver to St. John a copy ▇▇ Licensee's then current customer list for Licensed Products. 5.2 Licensee shall deliver to St. John, not l▇▇▇▇ than forty-five (45) days after the close of each Annual Period (or portion thereof in the event of prior termination for any reason), a statement certified by its chief executive or financial officer relating to said entire Annual Period, setting forth the same information required to be submitted by Licensee in accordance with Section 5.1 above and also setting forth, with respect to the advertising and promotion of Licensed Products, the total amount expended by Licensee therefor during such Annual Period, including and stating separately those amounts paid for cooperative, trade and national consumer media advertisements. Receipt, negotiation or acceptance by St. John of any ▇▇ the statements furnished, or of any sums paid to St. John, ▇▇▇▇uant to this Agreement will not preclude St. John from ▇▇▇▇tioning their correctness.