Common use of Accelerated Payments Clause in Contracts

Accelerated Payments. In the event that any of the following events (each, a “Trigger Event”) occurs, then within five business days after the occurrence of such Trigger Event, Buyer shall pay the amounts of cash and issue the number of shares of DSH Common Stock (or cause to be issued or paid) to Stockholders in accordance with the maximum amount of Earn-Out Payments that could otherwise be earned by Stockholders pursuant to this Section 1.5(b), regardless of whether the Minimum Pre-Tax Profits have been or will be achieved for such Fiscal Measuring Year: (1) Buyer violates any of the terms of Section 1.5(b) in any material respect, and Buyer does not cure such violation within sixty (60) calendar days of receipt of notice of such violation; (2) Except in connection with a Sale of Control of the Parent and its consolidated Subsidiaries (including the Corporations), the Parent shall effect a Sale of Control of either or both of the Buyer or the Merger Subsidiary; (3) Either Buyer or the Merger Subsidiary dissolve or terminate their existence as a going business concern; (4) Buyer becomes insolvent, suffer the entry of a judgment, decree, or order for relief by a court of competent jurisdiction in an involuntary proceeding commenced under any bankruptcy or insolvency laws that is not promptly stayed or reversed, commence any voluntary preceding under any bankruptcy or insolvency laws, undertake any type of general creditor work out, or make a general assignment for the benefit of creditors; or (5) Parent or the Corporations takes any corporate or other action to authorize or cause any of the foregoing.

Accelerated Payments. In the event that any of the following events (each, a “Trigger Event”) occurs, then within five business days after the occurrence of such Trigger Event, Buyer Purchaser shall pay the amounts of cash and issue the number of shares of DSH Common Stock (or cause to be issued or paid) to Stockholders in accordance with the maximum amount of Earn-Out Payments that could otherwise be earned by Stockholders pursuant to this Section 1.5(b1.2(b), regardless of whether the Minimum Pre-Tax Profits have been or will be achieved for such Fiscal Measuring Year: (1) Buyer Purchaser violates any of the terms of Section 1.5(b1.2(b) in any material respect, and Buyer Purchaser does not cure such violation within sixty (60) calendar days of receipt of notice of such violation; (2) Except in connection with a Sale of Control of the Parent Purchaser and its consolidated Subsidiaries (including the Corporations), the Parent Purchaser shall effect a Sale of Control of or either or both of the Buyer or the Merger SubsidiaryCorporations; (3) Either Buyer Purchaser or the Merger Subsidiary Corporations dissolve or terminate their existence as a going business concern; (4) Buyer Purchaser becomes insolvent, suffer the entry of a judgment, decree, or order for relief by a court of competent jurisdiction in an involuntary proceeding commenced under any bankruptcy or insolvency laws that is not promptly stayed or reversed, commence any voluntary preceding under any bankruptcy or insolvency laws, undertake any type of general creditor work out, or make a general assignment for the benefit of creditors; or (5) Parent Purchaser or the Corporations takes any corporate or other action to authorize or cause any of the foregoing.