The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

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14 ORIGINAL PETITION. of two-thirds to the Biograph Company and one-third to the Armat Company. (c) If any balance remains after the foregoing payments, it shall be divided and paid to the Edison Company, the Biograph Company, and the Armat Company in the proportion of one-half to the Edison Company, one-third to the Biograph Company, and one-sixth to the Armat Company. (Paragraph 12.) (4) Provision is made for the continuation of the agreement beyond August, 1914, the date of the expiration of the patents which the Edison Company assigns, for it is provided that on August 13, 1915, one year after the expiration of the patents, and at the end of each year thereafter, the Patents Company shall pay to the trustee who holds its certificates of stock all of its net profits for the preceding year, consisting of net machine royalties, net exhibitors' royalties, and ^' the net sum of any royalties which the Patents Company may collect in lieu of the present film royalties'' as a dividend upon the capital stock of the Patents Company, and will instruct the trustee to divide the said dividends and to pay to the Edison Company therefrom an amount equal to one-half of such dividend. (Paragraph 13.) (5) The agreement may be terminated — (a) For wilful and continued breach of its terms by either of the parties. (b) If the Patents Company becomes banki^upt or ceases doing business. (c) If the Patents Company is dissolved voluntarily or otherwise. (d) If its charter is repealed. Upon termination of the agreement for any of the foregoing causes, all the right in Patents 12037 and 12192 shall be reassigned to the Edison Company by the Patents Company. (Paragraph 15.)