Consideration to Merchant and Agent Sample Clauses

The 'Consideration to Merchant and Agent' clause defines the payment or benefit that the merchant and their agent will receive in exchange for fulfilling their obligations under the agreement. Typically, this clause outlines the specific amounts, percentages, or methods by which consideration is calculated and distributed, and may address timing and conditions for payment. Its core practical function is to ensure that both the merchant and agent are fairly compensated, thereby providing clear expectations and reducing the risk of disputes over payment.
Consideration to Merchant and Agent. 3.1 Payment(s)
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Consideration to Merchant and Agent. 3.1. Payment[s] to Merchant --------------------- (i) As a guaranty of Agent's performance hereunder, Merchant shall receive from Agent 43% of the aggregate Retail Price of the Merchandise, except for On Order Merchandise, Returned Merchandise, ROR Merchandise, Layaway, Repair and Special Order Merchandise received at the Stores on and after the Sale Commencement Date, for which Merchant shall receive the product of 43% of the Retail Price of the Merchandise times the complement of the then prevailing Sale discount at the time of the receipt of such Merchandise at the Stores (the "Guaranteed Amount"). ----------------- (ii) To the extent that Proceeds exceed the sum of the Guaranteed Amount, plus all Expenses, plus the Agent's Fee, plus Sales Taxes, Merchant shall receive from Agent 66-2/3% of such excess Proceeds (the "Merchant's Recovery Amount") and Agent shall retain 33-1/3% of such -------------------------- excess Proceeds (the "Agent's Recovery Amount"); provided, however, that ----------------------- for purposes of calculating the Merchant's Recovery Amount, Expenses shall not exceed 13.5% of the aggregate Retail Price of the Merchandise. (iii) Agent shall pay to Merchant the Guaranteed Amount and the Merchant's Recovery Amount, if any, in the manner and at the time[s] specified in Section 3.3
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Consideration to Merchant and Agent. 3.1 Payments to Merchant 3.2 Compensation to Agent 3.3 Time of Payments
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Consideration to Merchant and Agent 
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Related to Consideration to Merchant and Agent

  • Reliance on Attorneys and Agents The Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Rights Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, provided that reasonable care was exercised in the selection and continued employment thereof.

  • Office and Agent The Company shall continuously maintain an office and registered agent in the State of California as required by the Act. The principal office of the Company shall be as the Management Committee may determine. The Company also may have such offices, anywhere within and without the State of California, as the Management Committee from time to time may determine, or the business of the Company may require. The registered agent shall be as stated in the Articles or as otherwise determined by the Management Committee.

  • Brokers, Finders and Agents Buyer is not directly or indirectly obligated to anyone as a broker, finder or in any other similar capacity in connection with this Agreement or the transactions contemplated hereby.

  • Brokers and Agents Except as disclosed on Schedule 18.5, each party represents and warrants that it employed no broker or agent in connection with this transaction and agrees to indemnify the other parties hereto against all loss, cost, damages or expense arising out of claims for fees or commission of brokers employed or alleged to have been employed by such indemnifying party.

  • Management and Administrative Services The Investment Adviser shall perform, or arrange for its affiliates to perform, the management and administrative services necessary for the operation of the Fund, including administering shareholder accounts and handling shareholder relations. The Investment Adviser shall provide the Fund with office space, facilities, equipment and necessary personnel and such other services as the Investment Adviser, subject to review by the Board of Directors, from time to time shall determine to be necessary or useful to perform its obligations under this Agreement. The Investment Adviser, also on behalf of the Fund, shall conduct relations with custodians, depositories, transfer agents, pricing agents, dividend disbursing agents, other shareholder servicing agents, accountants, attorneys, underwriters, brokers and dealers, corporate fiduciaries, insurers, banks and such other persons in any such other capacity deemed to be necessary or desirable. The Investment Adviser generally shall monitor the Fund's compliance with investment policies and restrictions as set forth in filings made by the Fund under the federal securities laws. The Investment Adviser shall make reports to the Board of Directors of its performance of obligations hereunder and furnish advice and recommendations with respect to such other aspects of the business and affairs of the Fund as it shall determine to be desirable.