Total Net Amount means, as of any date, the aggregate amount of the Purchased Royalty remitted to, or otherwise received by, Purchaser on or prior to such date pursuant to this Agreement.
Total Net Amount means, as of any date of determination, an amount equal to (a) the aggregate amount of all payments remitted to, or otherwise received by, Purchaser on or prior to such date pursuant to this Agreement, including (i) all payments in respect of Purchased Receivables pursuant to Section 6.2(a) and Section 6.2(c) (or otherwise) and (ii) the aggregate amount of Proceeds that are remitted to, or otherwise received by, Purchaser pursuant to Section 6.6 and Section 6.13, less (b) the aggregate amount of all Sharing Payments paid to Seller pursuant to Section 2.1(c), less (c) the aggregate amount of all reasonable third party costs and expenses actually paid (and not reimbursed, whether by a Counterparty, Seller or any other Person) by Purchaser on or prior to such date pursuant to this Agreement or otherwise in connection with the enforcement of Purchaser’s rights under this Agreement less (d) the amount of any Canadian withholding tax not directly recoverable by Purchaser upon filing a Canadian tax return for such year, less (e) any US or Canadian sales or use tax (including the HST) payable by Purchaser to the extent not received from a Counterparty or other Person.
Total Net Amount means, as of any date of determination, an amount equal to (a) the aggregate amount of all payments remitted to, or otherwise received by, Purchaser on or prior to such date pursuant to this Agreement (and specifically excluding any amounts received pursuant to the Original Royalty Purchase Agreement), including (i) all payments in respect of Purchased Receivables pursuant to Section 6.2(a) and Section 6.2(c) (or otherwise) and (ii) the aggregate amount of Proceeds that are remitted to, or otherwise received by, Purchaser pursuant to Section 6.6 and Section 6.13, less (b) the aggregate amount of all Sharing Payments paid to Seller pursuant to Section 2.1(c), less (c) the aggregate amount of all reasonable third party costs and expenses actually paid (and not reimbursed, whether by a Counterparty, Seller or any other Person) by Purchaser on or prior to such date pursuant to this Agreement or otherwise in connection with the enforcement of Purchaser’s rights under this Agreement less (d) the amount of any Canadian withholding tax not directly recoverable by Purchaser upon filing a Canadian tax return for such year, less (e) any US or Canadian sales or use tax (including the HST) payable by Purchaser to the extent not received from a Counterparty or other Person.
Examples of Total Net Amount in a sentence
For the avoidance of doubt, the Purchaser is not entitled to a Total Net Amount in excess of the Cap Amount under this Agreement.
More Definitions of Total Net Amount
Total Net Amount means, as of any date, the excess of (i) the aggregate amount of all payments remitted to, or otherwise received by, Purchaser on or prior to such date pursuant to the Transaction Documents, including (a) all payments in respect of Purchased Receivables pursuant to the Escrow Agreement and Sections 6.2 and 6.4 (or otherwise), (b) the aggregate amount of Proceeds that are remitted to, or otherwise received by, Purchaser pursuant to Sections 6.6 and 6.13 (or otherwise), (c) the aggregate amount of consideration remitted to, or otherwise received by, Purchaser by virtue of its consent rights hereunder, and (d) the aggregate amount of all payments made by Seller pursuant to Section 7.1(a) (except, in all cases of this clause (d), to the extent such payments are paid to make Purchaser or any other Purchaser Indemnified Party whole with respect to an out-of-pocket Loss incurred by Purchaser or such other Purchaser Indemnified Party), after subtracting (ii) the sum of (a) the aggregate amount of all costs and expenses paid by Purchaser (and not reimbursed to Purchaser, whether by the Licensee, Seller or any other Person) on or prior to such date pursuant to Section 6.4(b)(i), Section 6.4(b)(ii), Section 6.6(d) (other than the last sentence thereof), Section 6.13(d) (other than the last sentence thereof) or Section 6.15(c), and (b) the aggregate amounts actually paid by Purchaser on or prior to such date as reimbursements for overpayments of Receivables pursuant to Section 6.2(d) (but only to the extent that such overpayments have been included in the calculation of the Total Net Amount as of such date under the immediately preceding clause (i)).
Total Net Amount means, as of any date, the excess of:
Total Net Amount means, as of any date, an amount equal to ***.
Total Net Amount means, as of any date, an amount equal to (a) ***. *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION ***
Total Net Amount means, as of any time, the aggregate payments remitted to or otherwise received by the Purchaser on or prior to such time pursuant to the Transaction Documents which shall be computed, for the avoidance of doubt, by (a) including any additional amounts payable to the Purchaser pursuant to Section 5.8(a) in respect of any Purchaser Indemnified Taxes and (b) excluding any amounts withheld in respect of any Purchaser Indemnified Taxes (including in respect of any additional amounts payable pursuant to Section 5.8(a) to the extent such amounts are properly withheld and remitted to the applicable taxing authority).
Total Net Amount means if the Parties enter into two or more outstanding Completed Orders with each other in a given settlement period, then: (a) the Party obligated to deliver the greater amount of a given cryptocurrency across any such Completed Orders will deliver the net outstanding balance of such cryptocurrency; and (b) the Party obligated to deliver the greater amount of cash across any such Completed Orders will deliver the net outstanding balance of cash.
Total Net Amount means, as of any date, (a) the aggregate amount of all payments remitted to, or otherwise received by, Purchaser on or prior to such date pursuant to the Transaction Documents, including (i) all payments in respect of Purchased Receivables pursuant to Section 5.9 (Reports; Payment on Account of the Purchased Receivables) (or otherwise), (ii) the aggregate amount of Proceeds that are remitted to, or otherwise received by, Purchaser pursuant to Section 5.10.3 (License Agreement) or Section 5.11.4 (Listed Patent Rights), and (iii) if applicable, the Rebate Payment made by Seller pursuant to Section 2.6 (Purchase Rebate), less (b) (i) all overpayments of Royalty Payments in a country in the Territory required to be, and actually, reimbursed to Licensee pursuant to Section 5.2 (Inspections and Audits of Seller) (or otherwise) on or prior to such date (but only to the extent that such overpayments have been included in the calculation of the Total Net Amount under the immediately preceding clause (a)), and (ii) the aggregate amount of all costs and expenses actually paid by Purchaser (and not actually reimbursed to Purchaser, whether by Seller or any other Person) on or prior to such date pursuant to Section 5.10.3 (License Agreement); provided that any amounts withheld by or on behalf of Seller (or paid directly by Purchaser if asserted, assessed, or otherwise claimed by a Tax authority as a result of a failure to make such withholding) in respect of Indemnified Taxes shall not be included in the Total Net Amount.