Net Profit Split Sample Clauses

Net Profit Split. American Regent shall pay CytoDyn an amount equal to [***] of the Net Profits from American Regent’s sales of the Product for each calendar quarter during the Term, and any selloff period under Section 9.4 after the Term. To the extent the Net Profit is negative in any particular calendar quarter or quarters, American Regent shall be entitled to accrue and set off such shortfall against any positive Net Profit generated in any subsequent calendar quarter or quarters. Each Party shall have the right to terminate this agreement with thirty (30) days written notice in the event that the Net Profit for American Regent’s sales of the Product are negative for two (2) or more consecutive calendar quarters.
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Net Profit Split. The Parties agree that they will share (Athenex:[25]%/Ingenus:[75]%) the Net Profits arising from the sale of the Product by Athenex in Athenex Territory under the following terms and conditions: • Athenex shall receive the Marketing Allowance without sharing with Ingenus. • Athenex shall not share in the profits on sales of Product by Ingenus, as described in Section 2.5 above. • Athenex shall calculate the Net Profit from the sale of Product in the Athenex Territory and shall provide such calculation to Ingenus by the 30th day following the end of each calendar quarter. • Athenex shall pay to Ingenus its share of such calculated Net Profit on or before the 45th day following the end of each calendar quarter.
Sample 1
Net Profit Split. (a) During the Term, Lannett shall pay to Supplier an amount equal to [***] of the Net Profits from Lannett’s sales of the Product for each calendar quarter during the Term (“Net Profit Split”). In no case shall the Net Profit Split for any calendar quarter be negative; provided, however in the event of a loss in any calendar quarter, the amount of that loss shall be carried forward to subsequent calendar quarters until the amount of such loss has been fully absorbed. In the event that Net Profits for calendar quarter are negative, Lannett shall carry over the Net Profit Split multiplied by the value by which the Net Profits are negative in such calendar quarter and deduct this amount from the calculation of Net Sales for the following successive calendar quarter(s) until such amounts are fully absorbed. For the avoidance of doubt, if Net Profits are negative in subsequent calendar quarters, the amounts will be similarly carried over or reimbursed as per the terms set forth in this Section 3.7 until Net Profits are positive. Notwithstanding anything to the contrary set forth herein, if Net Profits are negative for three (3) consecutive quarters, either Party may terminate this Agreement upon providing the other Party with one hundred eighty (180) days’ notice.
Sample 1
Net Profit Split. (a) During the Term, Lannett shall pay to Supplier an amount equal to [***] of the Net Profits from Lannett’s sales of the Products for each calendar quarter during the Term (“Net Profit Split”). In no case shall the Net Profit Split for any calendar quarter be negative; provided, however in the event of a loss in any calendar quarter, the amount of that loss shall be carried forward to subsequent calendar quarters until the amount of such loss has been fully absorbed. In the event that Net Profits for a calendar quarter are negative, Lannett shall carry over the Net Profit Split multiplied by the value by which the Net Profits are negative in such calendar quarter and deduct this amount from the calculation of Net Sales for the following calendar quarter. If Net Profits are negative in two (2) or more consecutive calendar quarters, Lannett shall invoice Supplier the Net Profit Split multiplied by the value by which the Net Profits are negative for the previous calendar quarter and carry over the Net Profit Split multiplied by the value by which Net Profits are negative for the current calendar quarter and deduct this amount from the calculation of Net Sales for the following calendar quarter. For the avoidance of doubt, if Net Profits are negative in subsequent calendar quarters, the amounts will be similarly carried over as per the terms set forth in this Section 3.5 until Net Profits are positive or, in the case of the last calendar quarter in the Term, reimbursed to Lannett. If a negative Net Profits balance remains for the last calendar quarter of the Term, Supplier shall reimburse Lannett within forty-five (45) days after receipt of an invoice from Lannett setting forth the calculation of accrued negative Net Profits. Notwithstanding anything to the contrary set forth herein, if Net Profits are negative for three (3) consecutive quarters, either Party may terminate this Agreement upon providing the other Party with one hundred eighty (180) days’ notice.
Sample 1
Net Profit Split. During the Term, for services provided hereunder, Company shall pay Bavli an amount equal to fifty percent (50%) of the "Net Profits". "Net Profits" shall be calculated by subtracting from the gross revenue generated from the sale of a Product by Bavli in the Territory or to a Permitted Customer or approved Lead in accordance with Sections 1.D. or 1.E., respectively, less: (i) the Cost of the Product as determined pursuant to Exhibit "C", (ii) any discounts, returns and rebates and/or price adjustments, (iii) shipping and insurance costs for U.S. sales only, and (iv) account program costs including, but not limited to, advertising, marketing and promotional expenses incurred by Company (e.g. an allowance or monies allocated through to a designated account for any promotional purpose).
Sample 1
Net Profit Split. As additional compensation for its supervisory activities, BMC will pay AMI a Net Profit Split determined as follows: For any sales or transfers by BMC to BMI or any affiliate (as that term is defined in Rule 405 under the Securities Act of 1933) of BMI or any other person or entity BMC will pay AMI the amount that is equal to 15% (“Net Profit Split”) of the difference between $.065 per lb. and the subtrahend consisting of (i) the costs of the Mining Operations of such material estimated to be $.01 per lb., (ii) the costs of the Milling Operations of such material by BMI estimated to be $.04 per lb. and (iii) any supervisory fees (“Subtrahend”). It is understood that it may take time before the Subtrahend is calculable. It may also happen that the Mining or Milling Costs cannot be determined in which case the most recent Subtrahend determined be used. BMC will provide AMI a monthly report of the volume and price of milled Iron Oxide Minerals it sells subject to this section. The report will also include a calculation of the BMI Profit Split for each sale. BMC will pay to AMI the BMI Net Profit Split no more than fifteen (15) days after BMC collects payment for the associated invoice from BMI. This section will no longer be applicable 15 years after the Closing Date.
Sample 1
Net Profit Split. Par shall pay to Xxxxxxx an amount equal to 50% of the Net Profit, and Par shall retain an amount equal to 50% of the Net Profit (such allocation of Net Profit being referred to herein the “Net Profit Split”). Par shall pay Xxxxxxx’x share of the Net Profit Split to Xxxxxxx quarterly, within forty-five (45) days after the close each calendar quarter, accompanied by a reasonably-detailed calculation of such Net Profit Split. Par shall keep true and accurate books of account and shall keep and maintain all records and documents necessary for Xxxxxxx to ascertain its share of the Net Profit Split due under this Agreement.
Sample 1
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Related to Net Profit Split

  • Net Profit The current and accumulated operating earnings of the Employer after Federal and state income taxes, excluding nonrecurring or unusual items of income, and before contributions to this and any other Qualified Plan of the Employer, unless the Employer has elected a different definition in the Adoption Agreement. Unless elected otherwise in the Adoption Agreement, Employer contributions to the Plan are not conditioned on profits.

  • Net Profits Net Profits (which is the excess of Profits over Losses) for each Fiscal Year of the Company shall be allocated as follows:

  • Net Income and Net Loss All net income or net loss of the Company shall be for the account of the Member.

  • Annual Accounting Period The annual accounting period of the Company shall be its taxable year. The Company’s taxable year shall be selected by the Member, subject to the requirements and limitations of the Code.

  • EBITDA With respect to REIT and its Subsidiaries for any period (without duplication): (a) Net Income (or Loss) on a Consolidated basis, in accordance with GAAP, exclusive of the following (but only to the extent included in determination of such Net Income (Loss)): (i) depreciation and amortization expense; (ii) Interest Expense; (iii) income tax expense; (iv) Acquisition Closing Costs and extraordinary or non-recurring gains and losses (including, without limitation, gains and losses on the sale of assets) and income and expense allocated to minority owners; and (v) other non-cash items to the extent not actually paid as a cash expense; plus (b) such Person’s pro rata share of EBITDA of its Unconsolidated Affiliates as provided below. With respect to Unconsolidated Affiliates and Subsidiaries of Borrower that are not Wholly Owned Subsidiaries, EBITDA attributable to such entities shall be excluded but EBITDA shall include a Person’s Equity Percentage of Net Income (or Loss) from such Unconsolidated Affiliates or such Subsidiary of Borrower that is not a Wholly Owned Subsidiary plus its Equity Percentage of (i) depreciation and amortization expense; (ii) Interest Expense; (iii) income tax expense; (iv) Acquisition Closing Costs and extraordinary or non-recurring gains and losses (including, without limitation, gains and losses on the sale of assets) and income and expense allocated to minority owners; and (v) other non-cash items to the extent not actually paid as a cash expense.

  • Fiscal Year; Accounting In the case of the Borrower, cause its fiscal year to end on December 31.

  • Net Income After giving effect to the special allocations set forth in Section 6.1(d), Net Income for each taxable year and all items of income, gain, loss and deduction taken into account in computing Net Income for such taxable year shall be allocated as follows:

  • Net Operating Income For any Real Estate and for a given period, an amount equal to the sum of (a) the rents, common area reimbursements, and service and other income for such Real Estate for such period received in the ordinary course of business from tenants or licensees in occupancy paying rent (excluding pre-paid rents and revenues and security deposits except to the extent applied in satisfaction of tenants’ or licensees’ obligations for rent and any non-recurring fees, charges or amounts including, without limitation, set-up fees and termination fees) minus (b) all expenses paid or accrued and related to the ownership, operation or maintenance of such Real Estate for such period, including, but not limited to, taxes, assessments and the like, insurance, utilities, payroll costs, maintenance, repair and landscaping expenses, marketing expenses, and general and administrative expenses (including an appropriate allocation for legal, accounting, advertising, marketing and other expenses incurred in connection with such Real Estate, but specifically excluding general overhead expenses of REIT and its Subsidiaries, any property management fees and non recurring charges), minus (c) the greater of (i) actual property management expenses of such Real Estate, or (ii) an amount equal to three percent (3.0%) of the gross revenues from such Real Estate excluding straight line leveling adjustments required under GAAP and amortization of intangibles pursuant to FAS 141R, minus (d) all rents, common area reimbursements and other income for such Real Estate received from tenants or licensees in default of payment or other material obligations under their lease, or with respect to leases as to which the tenant or licensee or any guarantor thereunder is subject to any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation or similar debtor relief proceeding.

  • Adjusted EBITDA The 2019 adjusted EBITDA for the Affiliated Club Sellers shall total an aggregate of not less than $10,700,000.

  • Profit Sharing Plan Under the Northrim BanCorp, Inc. Profit Sharing Plan (the “Plan”), Executive shall be eligible to receive an annual profit share based on performance as defined by the Board of Directors. Executive will be classified in the Executive tier under the Plan’s Responsibility Factors. If Employer is required to prepare an accounting restatement due to “material noncompliance of the Employer,” the Employer will recover from the Executive any incentive compensation during the three (3) years prior to the date of the restatement, in excess of what would have been paid under the restatement. Executive’s signature on this Agreement authorizes Employer to offset or deduct from any compensation Employer may owe Executive, any excess payments (in whole or in part) that Executive may owe Employer due to such restatement(s).

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