Applicable Expenses definition
Applicable Expenses means, with respect to any Triggering Event all reasonable and documented out-of-pocket expenses incurred by Softbank (or by any other Person to the extent Softbank is obligated to pay such expenses or reimburse any Person with respect thereto) in connection with, relating to or as a result of such Triggering Event, including, without limitation, all fees and expenses of accountants, attorneys, financial advisors, and finders, any obligations for indemnification or contribution payable by Softbank in connection with a Triggering Event, and any amount payable in respect of Taxes arising as a result of such Triggering Event to the extent attributable to the OptiMark Value for such Triggering Event (excluding any portion of such Taxes attributable to the OII Value); provided, however, that any inclusion in Applicable Expenses of Taxes in connection with a Triggering Event shall be offset by any Tax benefit actually received or to be received by Softbank as a result of the payments made or to be made by Softbank to DFJE under this Agreement on account of such Triggering Event, taking into account, in the calculation of such Tax benefit, the time value of money using a discount rate of 5% per annum.
Applicable Expenses means all applicable (a) charges and expenses directly relating to the applicable revenue, including sales, entertainment or other similar Taxes, fees or charges (including the Capital Fund Ticket Fee and Ticket Surcharge), (b) third-party ticket charges (including convenience fees, processing or handling fees, administrative fees and similar fees collected by any ticketing company) and NBA assessed per-ticket franchise fees, (c) credit card fees and similar charges and (d) sales commissions and/or reimbursements incurred in connection with the earning of such applicable revenue.
Applicable Expenses means operating expenditures of the Loan Parties (including distributions from any Loan Party to any Holdings Entity for the purposes of paying operating expenses, whether or not such distributions constitute operating expenses of such Loan Party) excluding the following: (i) expenditures incurred under Media Rights Agreements, (ii) expenditures incurred in connection with any revenue generating agreement (including any renewal) entered into after the Effective Date; provided such agreement is expected by the Company (as determined in good faith) to be accretive to the adjusted operating income of the Loan Parties within a reasonable period of time during the period prior to the Maturity Date, (iii) expenditures that are not actually, and will not be, paid by a Loan Party in cash, (iv) any increase in expenditures incurred as a result of League Rules (or changes thereto) that take effect after the Effective Date, and (v) expenditures that are excluded when calculating adjusted operating income of the MSG Networks segment in the public reporting of Sphere Entertainment; provided that, in the case of one-time, non-recurring expenditures excluded pursuant to this clause (v), the amount of such expenditures excluded with respect to any Measurement Period shall not exceed $5,000,000 in the aggregate.
Examples of Applicable Expenses in a sentence
In addition, if the CVR Issuer receives any reimbursement for Applicable Expenses pursuant to an Applicable Order and such reimbursement has not already been taken into account in the payment of Applicable Consideration, the Holders shall be entitled to their Applicable Percentage of such reimbursed expenses.
More Definitions of Applicable Expenses
Applicable Expenses means, with respect to any Triggering Event all reasonable and documented out-of-pocket expenses incurred by Softbank (or by any other Person to the extent Softbank is obligated to pay such expenses or reimburse any Person with respect thereto) in connection with,
Applicable Expenses means, as of any date of determination with respect to any Qualified Monetization, all reasonable and documented fees and expenses incurred (or estimated in good faith to be incurred) by the CVR Issuer and its Affiliates in connection with such Qualified Monetization to the extent not actually reimbursed as of such time, including, without duplication, (a) out-of-pocket legal, accounting, consulting and other advisor fees and expenses, (b) Tax Costs, (c) any sums directly attributed to requisite satellite costs (including launch and insurance), network costs and customer relocation costs (including cost of capital and interest costs) and (d) any transition costs incurred by the CVR Issuer or any of its Affiliates in connection with the repurposing of Applicable Spectrum. Applicable Expenses shall be reduced by any reduction in actual cash Taxes payable in the taxable period of the payment or accrual of any unreimbursed fees or expenses described in the prior sentence by CVR Issuer or any of its Affiliates and resulting directly from deductions arising from the payment of accrual of such unreimbursed fees or expenses, determined on a “with and without” basis with respect to any such fees or expenses paid or accrued, treating any such fees or expenses paid or accrued as the last item paid or accrued in the applicable taxable period.
Applicable Expenses any expense, including, without limitation, reasonable attorneys’ fees, retainers, court costs, transcript costs, fees and expenses of experts, including, without limitation, accountants and other advisors, travel expenses, duplicating costs, postage, delivery service fees, filing fees, and all other disbursements or expenses reasonably paid or incurred in connection with investigating, defending, being a witness in, or participating in (including, without limitation, on appeal), or preparing for any of the foregoing in, any Proceeding relating to an Indemnifiable Event, and any such expenses reasonably paid or incurred in establishing a right to indemnification under Sections 2, 4 or 5 of this Agreement. Board: the Board of Directors of the Company.
Applicable Expenses means all