Total Sales Proceeds definition

Total Sales Proceeds means the gross syndication proceeds received by the Company less (i) any amount funded by the Company, if any; and (ii) any out of pocket costs, fees and expenses directly related to the syndication including, but not limited to, sales or use taxes, legal fees, commissions; and (iii) the Company's transferred costs of funds to carry or hedge such financing prior to syndication. In the event the Company, in accordance with Section 6 hereof, elects not to provide permanent funding for any proposed equipment leases or financings submitted to the Company pursuant to Section 2 hereof and thereafter syndicates the transaction, the Company shall pay to Pomeroy fifty percent (5▇%) ▇▇ the Total Sales Proceeds.
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Total Sales Proceeds means an amount equal to the sum of (i) the aggregate sale proceeds of all Registrable Securities sold by the Stockholder on or prior to the 13 month anniversary of the effective date of the Shelf Registration Statement (such sales proceeds shall not be reduced by any brokers fees and other sale costs incurred by the Stockholder) and (ii) the number of Registrable Securities which have not been sold by the Stockholder on or prior to the 13 month anniversary of the effective date of the Shelf Registration Statement multiplied by the average of the per share closing prices of a share of Common Stock on the NASDAQ Stock Market (NNM), as reported in The Wall Street Journal Midwest edition (or the other principal trading market for the Common Stock if the Common Stock is not then traded on the NASDAQ Stock Market/NNM) during the 20 trading day period ending on and including the 13 month anniversary of the effective date of the Shelf Registration Statement (or if such day is not a trading day, the trading day first preceding such day); provided that if Total Sales Proceeds as calculated without giving effect to this clause exceeds $19 million, then Total Sales Proceeds shall equal (x) Total Sales Proceeds as calculated without giving effect to this clause (the
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Examples of Total Sales Proceeds in a sentence

  • If the Company disagrees with the computation of the Total Sales Proceeds contained in the Payment Computation, the Company may, within 10 days after receipt of the Payment Computation, deliver a notice (the "Objection Notice") to the Stockholder setting forth the objections of the Company and, to the extent reasonably possible, the Total Sales Proceeds as determined by the Company.

  • If the Total Sales Proceeds is less than $16 million, the Company shall pay to the Stockholder within 5 business days of the final determination of the Total Sales Proceeds the amount of such shortfall, which shall be payable in cash by wire transfer or delivery of other immediately available funds.

  • Service Fees: The service fees receivable by the Company under the New Master Management Agreement are identical to the service fees received under the Existing Master Management Agreement, being the sum of (i) 1.8% of the Total Sales Proceeds of the relevant Store and (ii) 10% of the profit before tax of the relevant Store.

  • Promptly following the 13 month anniversary of the effective date of the Shelf Registration Statement (but in any event within 10 days of such anniversary), the Stockholder shall deliver to the Company a detailed computation (the "Payment Computation") of the Total Sales Proceeds.

  • The Stockholder will (i) make available to the Company and its agents, attorneys and accountants upon reasonable advance notice all records and work papers (including trading records) necessary to understand the Payment Computation and to calculate the Total Sales Proceeds and (ii) allow the Company and its agents, attorneys and accountants upon reasonable advance notice to interview any Stockholder personnel significantly involved in the preparation of the Payment Computation.