DIVISION OF PROFITS Clause Examples

DIVISION OF PROFITS. Subject to the rights of persons, if any, entitled to shares with special rights as to dividends, all dividends shall be declared and paid according to the amounts paid or credited as paid on the sharesin respect whereof the dividend is paid, but if and so long as nothing is paid upon any of the shares in the Company, dividends may be declared and paid according to the amounts of the shares.

DIVISION OF PROFITS. (a) Profits or losses of the Joint Venture shall be allocated to the capital accounts of the Venturers in proportion to their respective ownership interests. All tax and other items separately allocated shall be allocated in proportion to aggregate profit or loss. (b) The Profits of the Joint Venture shall be distributed to the Venturers in the discretion of the Board of Managers. All distributions shall be in proportion to capital account balances. Either Venturer may require, to the extent that cash is available, that a distribution shall be made to each of the Venturers in an amount at least sufficient to pay estimated Federal and State income taxes on the taxable income of the Joint Venture, assuming each Venturer to be subject to such taxes at the maximum applicable effective rate, net, in the case of Federal taxes, of the benefit of the deduction of State taxes. Further, if combined capital accounts of the Venturers exceed $1,000,000, either Venturer may require, to the extent of available cash, a distribution to the Venturers of an amount not more than the amount by which such combined capital accounts exceed $1,000,000. (c) As used herein, the term "Profits" shall mean the total amount of funds of the Joint Venture: - after payment of (i) all Venture Costs and any other costs and charges ------------- incurred in the performance of the Project; (ii) all other costs and charges provided in this Agreement to be paid or borne by the Joint Venture theretofore due and payable; and (iii) any and all liens and claims against the Project or the Joint Venture (unless covered by insurance and being defended, without reservation of right, by the insurer or unless the parties agree in good faith to contest the same and maintain an adequate reserve therefor as set forth below); - and after the retention of adequate and reasonable reserves for (iv) -------------------------- any liens or claims which either have been brought against the Project or the Joint Venture and not paid or covered by insurance (but contested as provided above) or which are reasonably anticipated by the Venturers to be brought and for (v) all other monetary obligations of the Joint Venture or the Venturers on its behalf not then due and payable, including a cash reserve approximately equal to an average one month's operating expenses of the Joint Venture; and - after repayment to the Venturers of (vi) all sums advanced by the ----------------------------------- Venturers for working capit...

DIVISION OF PROFITS. Property will be sold for cash unless otherwise agreed in writing. Investor will receive 100% of their original investment, including associated closing and any other costs for the said property in addition to 50% of all NET profits made. Manager will receive 50% of all NET profits made. Profits are the difference between the amount of the purchase (including closing costs and taxes) and sales agreement when buying and selling the property. Specifically excluded are either party’s fixed costs associated or unassociated with the purchase or sale of this property (i.e. marketing.)

DIVISION OF PROFITS. 1) Each project will be evaluated base on its risk and return profile and will be agreed to by both Parties before any investment. As such, every project must meet expected returns to both Parties. 2) For Party B, each project must meet a minimum expected return (no less than 15% IRR) before it will invest. 3) Party B agrees to provide "Incentive Bonuses" to Party A for their work and support of each project. Such Incentive Bonuses will be granted by Party B as follows: a) Such Incentive Bonuses will be 10% of the returns received if the IRR received by Party B is 15%. b) Such Incentive Bonuses will be 40% of the returns received if the IRR received by Party B is from 15% to 25%. c) Such Incentive Bonuses will be 60% of the returns received if the IRR received by Party B is more than 25%.

DIVISION OF PROFITS. In the event of any subletting of the demised premises or any part thereof, the profits resulting therefrom (as defined below) shall be apportioned Fifty percent (50%) to Landlord and Fifty percent (50%) to Tenant. As used herein, the term "profits" with respect to any sublease of the demised premises shall mean the excess, if any, of any and all sums actually collected by Tenant under or in connection with such sublease, over (i) the total sums Tenant is obligated to pay to Landlord under this Lease (prorated to reflect the obligations applicable to that portion of the demised premises subject to such sublease), (ii) rental or other payments received that are attributable to the amortization over the term of the sublease of the cost of leasehold improvements made to the sublet portion of the demised premises by or for Tenant and at Tenant's expense, and (iii) Tenant's reasonable costs in subleasing the space (including reasonable commissions and reasonable legal fees and expenses) or in enforcing the terms of the sublease or pursuing any remedies against the subtenant, including reasonable legal fees and expenses. It is expressly understood and agreed that the term "profit" shall not include all or any part of the consideration received by Tenant in connection with the sale of its business (either by asset sale, stock sale, merger, or otherwise, herein, a "Sale of Business") to a purchaser which operates the same type of business thereafter in the demised premises, whether or not Tenant and such purchaser allocate part of the purchase price paid in such Sale of Business to the purchaser's acquisition or assignment of Tenant's rights under this Lease. The preceding sentence shall not relieve Tenant of its obligation to obtain Landlord's reasonable consent to any assignment, sublease or other transfer entered into as part of a Sale of Business, provided Landlord shall not have the right to terminate this Lease in lieu of granting or denying such consent. 8/87 ed.

DIVISION OF PROFITS. Profits of the joint venture company shall be distributed to the parties according to each party's respective share holdings in the joint venture company.

DIVISION OF PROFITS. Since October, 1998 and from time to time after the date hereof and prior to the Closing Date, Buyer has provided and shall continue to provide Seller with orders and designs for certain pieces of furniture and Seller has filled and shall continue to fill such orders using such designs and collect payment therefor. Buyer has also provided and shall continue to provide Seller with certain marketing, sales and general advisory services agreed upon by Seller and Buyer. In consideration of the foregoing, Seller shall pay to Buyer (i) an amount equal to $121,076.91 per month for the period beginning on November 1, 1998 and ending on the last day of the month in which the Closing occurs or (ii) in the event that this Agreement is terminated prior to the Closing Date, an amount equal to $121,076.91 per month for the period beginning on November 1, 1998 and ending on the date of such termination (pro rated for any period less than a full month). Buyer shall pay the amount determined by wire transfer of immediately available funds at the Closing or within three business days of such termination, as the case may be.

DIVISION OF PROFITS and Losses from the sales of a Product arising out of the Development Program for cancer indications shall * from the date of the Initial Commercial Sale or license to a third party, its Affiliates, or sublicensees of such Product in such country (or, if the parties are Co-Promoting a Product in a country, the date on which premarketing expenses are first incurred), until *

DIVISION OF PROFITS. The profits of the Corporation, if divided, shall be shared among the parties in proportion to their respective subscriptions. LIABILITY OF THE PARTIES HEREUNDER