Actual Gross Revenue definition

Actual Gross Revenue means all pre-tax gross revenue earned by the Concessionaire(s) under or pursuant to the Concession Agreement, during the subsistence of the Concession Agreement, and shall include any monies received from the Users and other persons, by the Concessionaire but shall exclude the following:
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Actual Gross Revenue means (A) Toll Revenues from the NEXT Project (excluding any fees recovered as part of any enforcement process but including amounts collected as tolls as part of any enforcement process); plus (B) any amounts received as of any date of determination by the Concessionaire in lieu of the Toll Revenues from the NEXT Project described in clause (A) above, including without limitation, from such sources as (1) proceeds of business interruption or similar insurance against loss of revenues from operation of the NEXT Project, (2) amounts paid by the Department as Compensation Events with respect to the NEXT Project, and (3) payments from the Electronic Toll Collection Servicer paid by the Department under Section 2.6 (or any such succeeding provision) of the Electronic Toll Collection Services Agreement with respect to the NEXT Project; plus (C) all amounts received by the Concessionaire pursuant to Section 13.05 with respect to the NEXT Project. Actual Gross Revenue collected from the NEXT Project (in both directions of travel) will be determined based on dynamic tolls charged for the northern-most pricing segment of the Original 495 HOT Lanes, the toll paying traffic registered under the existing toll gantry located north of the Dulles Toll Road and for the extension of the NEXT Project; and
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Actual Gross Revenue means all revenue computed in accordance with generally accepted United States accounting principles (“GAAP”), derived from the ownership and operation of the Communities from sources comparable to 2011 revenue sources as listed in Exhibit D attached hereto, net of bad debt expense, including rental of cottages and other rental units acquired at Closing under the Contribution Agreements, rental of sites to seasonal, annual and shorter term third party residents, resort fees and extra person charges, ancillary revenues from third party residents, and reimbursements for discounts provided to IPR Members in 2012, net of any discounts and rent concessions; provided, however, Actual Gross Revenue shall not include sales taxes, revenues from related parties under any master leases in excess of calculated site rent that would have been earned if rented to third party residents based on comparable occupancy and rental rates, or any revenue derived from sources not associated with the operation of a recreational vehicle community. 2419330.3 After Closing, ▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP (“GT”) will audit the 2012 financial statements provided by the Principals and Project Entities pursuant to Section 9.2 of the Contribution Agreements and as a result of such audit, will provide an opinion on the financial statements for 2012 (the “2012 Audited Financial Statements”), which will reflect the Actual Gross Revenue for all of the Communities for the 2012 calendar year (the “Audited 2012 Revenue”). If the Audited 2012 Revenue is less than the 2012 Revenue Threshold, the Principals and Project Entities shall have twenty (20) business days after receipt of the Audited 2012 Revenue set forth in the 2012 Audited Financial Statements to review, and either accept or object in writing to, the Audited 2012 Revenue. If the Principals and Project Entities do not agree with the Audited 2012 Revenue and they deliver a written objection thereof (the “2012 Revenue Objection Notice”) to SCOLP within such 20 business day period, the parties shall negotiate in good faith to resolve the dispute. If the Principals and SCOLP are unable to resolve the dispute within ten (10) business days of SCOLP’s receipt of the 2012 Revenue Objection Notice, then they shall submit the dispute to a national accounting firm selected by both parties (the “Accounting Firm”), who shall determine the 2012 Revenue within thirty (30) days after the dispute is submitted to the Accounting Firm. If the parties do not agree upon a...
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Examples of Actual Gross Revenue in a sentence

  • The Agency Fee shall be calculated from the Principal’s Actual Gross Revenue, determined by the Parties in Rubles (if the advertising rates are set in US Dollar equivalent – at the exchange rate published by the Central Bank of the Russian Federation as of the last day of the Reporting Period) in a statement for the respective Reporting Period, as set forth in section 4.13 of this Agreement.

  • The Agency Fee (“Agency Fee”) to which the Agent is entitled for performing legal and other actions (clause 2.1 hereof) shall comprise 12% (Twelve percent) of the Actual Gross Revenue of the Principal in each Reporting Period.

  • The agency fee of the Agent for the performance of legal and other actions shall be equal to 15% (fifteen percent) of the Principal’s Actual Gross Revenue in a given reporting period.

  • The Parties agree that the Agency Fee paid by the Principal to the Agent under the Agency Agreement of 12% of the Principal’s Actual Gross Revenue shall cover in full any expenses of the Agent for any actions/activities under clause 1 hereof as well as any reasonable and commercially justified expenses the Agent incurs while performing its obligations under the Agency Agreement which shall not be reimbursed by the Principal separately.

  • The agency fee (the “Agency Fee”) to which the Agent shall be entitled for the performance of legal and other actions (section 2.1. of the Agreement) shall be equal to 12% (Twelve percent) of the Principal’s Actual Gross Revenue in each Reporting Period.

  • The Agency Fee (“Agency Fee”) to which the Agent is entitled for performing legal and other actions (clause 2.1 hereof) shall comprise 13% (Thirteen percent) of the Actual Gross Revenue of the Principal in each Reporting Period.

  • Actual Gross Revenue does not include the following: ● any sales or value added taxes imposed on the sale, delivery or use of the Products.

  • The Party cancelling this Agreement in advance shall pay the other Party a termination fee of 12% (Twelve percent) of the Principal’s Actual Gross Revenue for 6 (six) full calendar months prior to the month of pre-term cancellation.

  • The Party cancelling this Agreement in advance shall pay the other Party a termination fee of 13% of the Principal’s Actual Gross Revenue for six full calendar months prior to the month of pre-term cancellation.

  • Within 30 days after the final determination of the GeoNova 2007 Actual Gross Revenue and GeoNova 2007 Actual EBITDA, the Escrow Agent shall pay to Discovery, by wire transfer of immediately available funds, the GeoNova Reimbursement Amount (if any) from the GeoNova [***] These portions of this exhibit have been omitted and filed separately with the Commission pursuant to a request for confidential treatment.

Related to Actual Gross Revenue

  • Gross Revenue means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code.

  • Gross Revenues means all amounts actually collected as rents or other charges for the use and occupancy of the Properties, but shall exclude interest and other investment income of Owner and proceeds received by Owner for a sale, exchange, condemnation, eminent domain taking, casualty or other disposition of assets of Owner.

  • Net Revenues means revenues less related expenses, including

  • Gross Operating Revenues means, for any period of time for any Hotel Property, without duplication, all income and proceeds of sales of every kind (whether in cash or on credit and computed on an accrual basis) received by the owner (or, if such Hotel Property is ground leased, the ground lessee) of such Hotel Property or the applicable Operating Lessee or Manager for the use, occupancy or enjoyment of such Hotel Property or the sale of any goods, services or other items sold on or provided from such Hotel Property in the ordinary course of operation of such Hotel Property, including, without limitation, all income received from tenants, transient guests, lessees, licensees and concessionaires and other services to guests at such Hotel Property, and the proceeds from business interruption insurance, but excluding the following: (i) any excise, sales or use taxes or similar governmental charges collected directly from patrons or guests, or as a part of the sales price of any goods, services or displays, such as gross receipts, admission, cabaret or similar or equivalent taxes; (ii) receipts from condemnation awards or sales in lieu of or under threat of condemnation; (iii) proceeds of insurance (other than business interruption insurance); (iv) other allowances and deductions as provided by the Uniform System in determining the sum contemplated by this definition, by whatever name, it may be called; (v) proceeds of sales, whether dispositions of capital assets, FF&E or equipment (other than sales of Inventory in the ordinary course of business); (vi) gross receipts received by tenants, lessees (other than Operating Lessees), licensees or concessionaires of the owner (or, if such Hotel Property is ground leased, the ground lessee) of such Hotel Property; (vii) consideration received at such Hotel Property for hotel accommodations, goods and services to be provided at other hotels although arranged by, for or on behalf of, and paid over to, the applicable Manager; (viii) tips, service charges and gratuities collected for the benefit of employees; (ix) proceeds of any financing; (x) working capital provided by the Parent Guarantor or any Subsidiary of the Parent Guarantor or the applicable Operating Lessee; (xi) amounts collected from guests or patrons of such Hotel Property on behalf of tenants of such Hotel Property and other third parties; (xii) the value of any goods or services in excess of actual amounts paid (in cash or services) provided by the applicable Manager on a complimentary or discounted basis; and (xiii) other income or proceeds resulting other than from the use or occupancy of such Hotel Property, or any part thereof, or other than from the sale of goods, services or other items sold on or provided from such Hotel Property in the ordinary course of business. Gross Operating Revenues shall be reduced by credits or refunds to guests at such Hotel Property.

  • Gross Rooms Revenue means all revenues derived from the sale or rental of Guest Rooms (both transient and permanent) of the Hotel, including revenue derived from the redemption of points or rewards under the loyalty programs in which the Hotel participates, amounts attributable to breakfast (where the guest room rate includes breakfast), Mandatory Guest Fees, late cancellation fees, and guaranteed no- show revenue and credit transactions, whether or not collected, at the actual rates charged, less allowances for any Guest Room rebates and overcharges, and will not include taxes collected directly from patrons or guests. Group booking rebates, if any, paid by you or on your behalf to third-party groups for group stays must be included in, and not deducted from, the calculation of Gross Rooms Revenue.