Qualifying Picture definition

Qualifying Picture has the meaning set forth in Section 1 of the Credit Agreement.
Sample 1
Qualifying Picture means a feature length motion picture intended for either theatrical and/or home video release produced or acquired (or to be produced or acquired) by a Borrower which satisfies the following criteria: (i) such picture is declared by a Borrower as a Qualifying Picture pursuant to a Qualifying Picture declaration, (ii) the scheduled date of Completion is no later than the Maturity Date, (iii) such Qualifying Picture has a minimum budget of [REDACTED]; and (iv) with respect to a Produced Picture (subject to the rights under copyright granted to a distributor of the Qualifying Picture under any applicable distribution agreements), such Borrower is or will be (x) the copyright owner in respect of such picture, or (y) the owner (without risk of reversion) of distribution rights for at least the first cycle with regard to all territories to be licensed by such Borrower for which it seeks credit in the Borrowing Base for such Qualifying Picture.
Sample 1
Qualifying Picture means a Picture which satisfies the following criteria: (1) it is being distributed in the Domestic Territory by the Borrower and/or another Approved Domestic Distributor under a Distribution Agreement, and the Borrower has secured a wide theatrical release on premium, first run screens satisfactory to the Administrative Agent and downstream distribution generally consistent with the Significant Exploitation Agreements, and (2) it is a feature length Picture to be produced or acquired by a Credit Party or Co-Financing Venture Entity or a Major Studio (in the case of a Revenue Participation) which (i) is scheduled to be delivered no later than one year after the Maturity Date, (ii) unless the Administrative Agent otherwise agrees, shall not be a stage play or concert film, (iii) shall be filmed predominately in color, (iv) shall be predominately in the English language, (v) is expected to receive an MPAA rating of not more restrictive than “R” (or the equivalent thereof) (or, if following receipt thereof, such rating is no more restrictive than “R” (or the equivalent thereof)), (vi) has satisfied or is capable of satisfying all other specifications set forth in each applicable Distribution Agreement to be included in the Borrowing Base, if any, (vii) shall have a running time of no less than 80 minutes, and (viii) unless the Administrative Agent otherwise agrees, has a negative cost of at least $10,000,000. Additionally, any Europa Picture that constitutes a “Qualifying Picture” under the Europa Output Agreement shall constitute a Qualifying Picture hereunder.
Sample 1

Examples of Qualifying Picture in a sentence

  • Aviron Capital further agreed in the NPA that the Fund’s “Collateral” would “include all of the Issuer’s right, title, and interest in and to,” among other things, “100% of the equity interests issued by each Qualifying Picture SPV now owned or hereafter acquired by” Aviron Capital.

  • Such a Right of First Refusal shall apply to all rights to distribute the Qualifying Picture in the United States (“U.S. Rights”) and to all rights to distribute the Qualifying Picture outside of the United States (“Foreign Rights”).

  • Greenlighting: Legendary East will establish a greenlight committeeresponsible for evaluating each project to determine whether such project is (or will be) a Qualifying Film, make the final determination as to whether such project shall be greenlit for production and (following earliest cessation of the Huayi Group’s exclusivity commitment to Legendary East) to determine whether a Qualifying Picture will be co-produced with Huayi Brothers.

  • Hogan RoadBangor ME 04401 in a sealed envelope plainly marked: Vehicle Marketing Wrap for EMCC’s Mobile Simulation Lab OR hand delivered proposals are to be delivered to:Cynthia KasprzakBusiness OfficeEastern Maine Community College354 Hogan RoadBangor ME 04401 in a sealed envelope plainly markedVehicle Marketing Wrap for EMCC’s Mobile Simulation Lab Proposals shall remain firm for sixty (60) days from date of submittal, and vendor must hold quoted prices for 2 months.

  • The Co-Administrative Agent shall have received a Qualifying Picture Declaration in respect of such Qualifying Picture, duly executed by an Authorized Officer on behalf of the applicable Borrower.

  • The Administrative Agent shall have received a Borrowing Base Certificate which sets forth the Borrowing Base and compliance with Section 5.23 hereof as of the date no more than seven (7) Business Days before the notice of Borrowing is made in connection herewith and which reflects the Completion Reserve Amount for the Qualifying Picture involved.

  • The Administrative Agent ------------------------------ shall have received from the Borrower a fully executed complete Qualifying Picture Declaration containing the details of the Declared Qualifying Picture involved and declaring an appropriate portion of the Commitments as being reserved for such Declared Qualifying Picture, and such other information all as set forth in Exhibit N hereto.

  • When a Qualifying Picture has been scored, if requested by the Administrative Agent, deliver to the Administrative Agent within a reasonable period of time after such request (i) written evidence of the music synchronization rights, if any, obtained from the composer or the licensor of the music and (ii) copies of all music cue sheets with respect to such Qualifying Picture.

  • The Administrative Agent shall have received for the account of each Lender, the Per Picture Fee, which may be paid with the proceeds from the initial Loan for such Qualifying Picture.

  • The applicable Borrower shall have established a Collection Account for such Qualifying Picture and such Collection Account shall be subject to an Account Control Agreement.


More Definitions of Qualifying Picture

Qualifying Picture means a Picture which satisfies the following criteria: (1) it is being distributed in the Domestic Territory by the Borrower and/or another Approved Domestic Distributor under a Distribution Agreement, and the Borrower has secured a wide theatrical release on premium, first run screens satisfactory to the Administrative Agent and downstream distribution generally consistent with the Significant Exploitation Agreements, and
Sample 1
Qualifying Picture means any Picture which meets the ------------------ following criteria: (a) has a maximum Total Negative Cost of $40 million and a minimum Total Negative Cost of $8 million; provided, however, that the minimum -------- ------- Total Negative Cost may be less than $8 million if the sum of such Picture's Total Negative Cost plus its Print and Advertising Costs is at least $13 million and, provided, further, that a signed commitment from the Sponsor in its -------- ------- capacity as distributor stating that it has in place sufficient print and advertising commitments to meet this test is submitted along with the Qualifying Picture Declaration; (b) is subject to the Distribution Agreement; (c) was produced for theatrical release; (d) is released theatrically in the United States at least 30 months before the Maturity Date; (e) for which the Borrower is the initial United States copyright owner; (f) has been produced by the Sponsor or on behalf of the Sponsor, has not yet been released at the time of its acquisition by the Borrower and for which the Borrower will own substantially all worldwide distribution rights for not less than twenty years; (g) is a live action theatrical feature film filmed primarily in English; (h) filmed primarily in color; (i) rated by the MPAA (or any equivalent rating system if the MPAA rating system is generally abandoned), but is not rated "X", "NC-17" or any equivalent or more restrictive rating (or if the MPAA rating system is modified or abandoned would have been so rated by the MPAA); (j) has not been exhibited in any medium anywhere in the United States prior to its United States theatrical release, except for limited test marketings, previews, free, charities or academy award screenings or exhibitions; (k) is not an animated film, a depiction of a concert of any sort, a depiction of a performance of a play or musical performed on stage, or a documentary; (l) is available for and is scheduled for initial United States theatrical distribution in 35mm or 70mm film or is otherwise suitable for first class theatrical distribution and has a running time of at least 80 minutes, but no more than 150 minutes. Notwithstanding the foregoing, each of "Stir of Echoes" and "The Ninth Gate" shall be considered a Qualifying Picture notwithstanding the fact that with regard to "Stir of Echoes", the criteria set forth in (f) above are not met and with regard to "The Ninth Gate", the criteria set forth in (e) and (f) above are not met.
Sample 1
Qualifying Picture means a Picture produced or acquired (or to be produced or acquired) by a Credit Party (including Permitted Co-Financed Pictures) that the Borrower has demonstrated to the Administrative Agent’s reasonable satisfaction meets the following criteria: (i) that the Picture meets or will meet when completed the criteria required by the applicable Main Distribution Agreement; (ii) that the Cash Budget of the picture will be financed from the Loans under the Facility plus advances from the Parent (which may be in the form of equity contributions to the Borrower, retained cash of the Borrower or loans which are subordinated as provided in Section 14.15) or a Co-Financier; (iii) that it owns the worldwide distribution rights for the Picture (other than distribution rights in geographical territories sold to a Co-Financier) in perpetuity or has the right to acquire such rights in perpetuity pursuant to an option as part of a sale and leaseback or other tax structured transaction (except in the case of “Space Chimps” for which the Borrower must own worldwide distribution rights for the Picture for a period of not less than 15 years); (iv) that the Picture will have a minimum domestic theatrical release on 500 screens for one week each; and (v) that the Picture satisfies or will satisfy when completed the following criteria: (a) it is computer generated animation (other than incidental live-action sequences), (b) it is in color, (c) it is in English, (d) it has a running time of 85-110 minutes, including main and end titles, (e) it qualifies for an MPAA rating not more restrictive than “PG” and (f) it is in 35mm with an aspect ratio suitable for first-class theatrical distribution and (vi) that the Picture is scheduled to be Completed by the fifth anniversary of the Closing Date.
Sample 1
Qualifying Picture means a Picture which satisfies the following criteria: (1) it is being distributed in the Domestic Territory by the Borrower and/or another Approved Domestic Distributor under a Distribution Agreement, and the Borrower has secured a wide theatrical release on premium, first run screens satisfactory to the Administrative Agent and downstream distribution generally consistent with the Significant Exploitation Agreements, and (2) it is a feature length Picture to be produced or acquired by a Credit Party or Co-Financing Venture Entity or a Major Studio (in the case of a Revenue Participation) which (i) is scheduled to be delivered no later than one year after the Maturity Date, (ii) unless the Administrative Agent otherwise agrees, shall not be a stage play or concert film, (iii) shall be filmed predominately in color, (iv) shall be predominately in the English language, (v) is expected to receive an MPAA rating of not more restrictive than “R” (or the equivalent thereof) (or, if following receipt thereof, such rating is no more restrictive than “R” (or the equivalent thereof)), (vi) has satisfied or is capable of satisfying all other specifications set forth in each applicable Distribution Agreement to be included in the Borrowing Base, if any, (vii) shall have a running time of no less than 80 minutes, and (viii) unless the Administrative Agent otherwise agrees, has a negative cost of at least $10,000,000. In addition to the foregoing, in the context of a Picture for which a UK P&A Credit is requested, (A) the distributor in the Domestic Territory must be either the Borrower (on a self-distribution basis) or another distributor so long as the Borrower has demonstrated that the Picture will receive a wide theatrical release of not less than 1,000 screens in the Domestic Territory, (B) the Borrower must prior to accessing any UK P&A Credits hold (and have paid any acquisition price for) such Picture’s theatrical exploitation rights in the UK and must be self-distributing such Picture’s theatrical exploitation rights in the UK Territory and hold downstream rights in the UK Territory that are reasonably satisfactory to the Administrative Agent and (C) the Borrower must provide a certification in form and substance satisfactory to the Administrative Agent that such Picture shall have a theatrical screen count of not less than 300 screens in the UK Territory; provided that up to US$3,500,000 of UK P&A Credits may be taken for Pictures that meet all of the aforem...
Sample 1
Qualifying Picture means a Picture which satisfies the following criteria: (1) it is being distributed in the Domestic Territory by the Borrower and/or another Approved Domestic Distributor under a Distribution Agreement, and the Borrower has secured a wide theatrical release on premium, first run screens satisfactory to the Administrative Agent, the Senior Facility Agent and the Seer P&A Facility Agent and downstream distribution generally consistent with the Significant Exploitation Agreements, and (2) it is a feature length Picture to be produced or acquired by a Credit Party or Co-Financing Venture Entity or a Major Studio (in the case of a Revenue Participation) which (i) is scheduled to be delivered no later than one year after the Maturity Date, (ii) unless the Administrative Agent otherwise agrees, shall not be a stage play or concert film, (iii) shall be filmed predominately in color, (iv) shall be predominately in the English language, (v) is expected to receive an MPAA rating of not more restrictive than “R” (or the equivalent thereof) (or, if following receipt thereof, such rating is no more restrictive than “R” (or the equivalent thereof)), (vi) unless otherwise approved by the Senior Facility Agent, has satisfied or is capable of satisfying all other specifications set forth in each applicable Distribution Agreement to be included in the Borrowing Base (under and as defined in the Senior Facility Credit Agreement), if any, (vii) shall have a running time of no less than 80 minutes, and (viii) unless otherwise approved by the Senior Facility Agent, has a negative cost of at least $10,000,000. 28
Sample 1

Related to Qualifying Picture

  • Qualifying project means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land of a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure and services, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; or (viii) any improvements necessary or desirable to any unimproved locally- or state-owned real estate.

  • Qualifying position means one or more jobs with one or more participating public em-

  • Qualifying patient means a person who:

  • Qualifying week means the 15th week before the expected week of childbirth.

  • Qualifying Party means (a) an Additional Limited Partner; (b) an Immediate Family Member, or a lending institution as the pledgee of a Pledge, who is the transferee in a permitted transfer pursuant to Section 11.3; or (c) a Substituted Limited Partner succeeding to all or part of the Limited Partner Interest of (i) an Additional Limited Partner or (ii) an Immediate Family Member, or a lending institution who is the pledgee of a Pledge, who is the transferee in a permitted transfer pursuant to Section 11.3.

  • Qualifying Facility means an electric energy generating facility that complies with the qualifying facility definition established by PURPA and any FERC rules as amended from time to time (18 Code of Federal Regulations Part 292, Section 292.203 et seq.) implementing PURPA and, to the extent required to obtain or maintain Qualifying Facility status, is self-certified as a Qualifying Facility or is certified as a Qualified Facility by the FERC.

  • Qualifying Period means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in the Schedule to these Terms;

  • Qualifying Property means a primary residence that a qualified applicant owned and occupied

  • Qualifying Offering means a private offering of *****’s equity securities (or securities convertible into or exercisable for *****’s equity securities) for cash (or in satisfaction of debt issued for cash) having its final closing on or after the date of this Agreement and which includes investment by one or more venture capital, professional angel, corporate or other similar institutional investors other than Stanford. For the avoidance of doubt, if ***** is a limited liability company, then “equity securities” means limited liability company interests in *****.

  • Qualifying student means a student who is a South Carolina resident and who is eligible to be enrolled in a South Carolina secondary or elementary public school at the kindergarten or later year level for the current school year.

  • Qualifying job means a permanent full-time job that:

  • Qualifying school means a private school that:

  • Qualifying exigency means a situation where the eligible employee seeks leave for one or more of the following reasons:

  • Qualifying year means the calendar year to which the qualifying certificate applies.

  • qualifying person means a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund;

  • Qualifying Company means a qualifying company within the meaning of section 110 of the Taxes Act;

  • Qualifying Public Offering means a firm commitment underwritten public offering of Stock for cash where the shares of Stock registered under the Securities Act are listed on a national securities exchange.

  • Qualifying Service means one year or more of continuous service and residence away from the home country and the country of nationality of a staff member, or the country where the staff member has acquired permanent resident status.

  • Qualifying Transaction means a transaction where a CPC acquires Significant Assets, other than cash, by way of purchase, amalgamation, merger or arrangement with another Company or by other means.

  • Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

  • Qualifying Offer shall have the meaning set forth in Section 11(a)(ii) hereof.

  • qualifying course means a qualifying course as defined for the purposes of Parts 2 and 4 of the Jobseeker’s Allowance Regulations 1996;

  • qualifying holding means a direct or indirect holding in an undertaking which represents 10 % or more of the capital or of the voting rights or which makes it possible to exercise a significant influence over the management of that undertaking;

  • Qualifying business means a business which establishes a qualifying project in this state and which is certified by the Department of Economic Opportunity to receive tax credits pursuant to this section.

  • Qualifying wages means wages, as defined in section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, adjusted as follows:

  • Qualifying country component means a component mined, produced, or manufactured in a qualifying country.