Examples of Minimum Guaranteed Royalty in a sentence
The Sole Arbitrator by his award dated 29th August, 2012 declared that the Minimum Guaranteed Royalty stipulated in the Supplemental Agreement became impossible of performance with effect from 1st June, 2008.
Sears and Kmart are obligated to pay the balance of the $3,000,000.00 Annual Minimum Guaranteed Royalty set forth in Schedule 4 of the License Agreement.
A true copy of Everlast Invoice No. 1157329, dated August 27, 2020, to Sears and Kmart for the remaining Annual Minimum Guaranteed Royalty in the sum of $3,000,000.00 due and owing to Everlast, is annexed hereto as Exhibit 6.
Nonetheless, and in breach of the Agreement, Everlast terminated the Agreement with the Defendants on or around August 27, 2020 due to the Defendants’ alleged failure to pay the Minimum Guaranteed Royalty payments allegedly owed to Everlast under the Agreement.
By letter dated July 24, 2020 (the “July 24, 2020 Default Notice”), Everlast notified Defendants, Sears and Kmart, that they were in breach of the License Agreement because they had failed to make the required Minimum Guaranteed Royalty payment of $500,000.00 to Everlast for the first Fiscal Quarter of 2020, as required under the License Agreement.
Pursuant to Section 4 and Schedule 4 of the License Agreement, Licensee was, and is, required to pay Everlast, a Royalty, which “shall be paid Quarterly in arrears and shall be the greater of: (a) the Royalty Calculation for such Fiscal Quarter; and (b) one quarter of the Annual Minimum Guaranteed Royalty for such Year,” as such capitalized terms are defined therein.
However, since Section 4 of the License Agreement states that each Quarterly Royalty payment shall be the greater of: (a) the Royalty Calculation for such Fiscal Quarter; and(b) one quarter of the Annual Minimum Guaranteed Royalty for such Year, the Royalty payment due to Everlast for the second Fiscal Quarter of 2020 was, and is, $500,000.00 – the Minimum Guaranteed Royalty for said Quarter.
Notwithstanding the Licensee’s failure to make the required Minimum Guaranteed Royalty payments for the first and second Fiscal Quarters of 2020, the Plaintiff had remained ready, willing and able to continue to perform all of its obligations under the License Agreement, had the Licensee properly performed.
As set forth in the Termination Letter, Sears and Kmart had failed to pay the $500,000.00 Minimum Guaranteed Royalty payments due and owing for the first and second Fiscal Quarters of 2020, totaling $1,000,000.00.
In addition, as also set forth in the Termination Letter, and in accordance with the License Agreement, the Defendants are obligated to pay all Annual Minimum Guaranteed Royalty amounts due for the remaining periods under the License Agreement in the amount of$3,000,000.00 ($1,000,000.00 for the remaining two Fiscal Quarters of 2020 and $2,000,000.00for Year 3 of the License Agreement.).