Acceleration upon a Credit Event. In the event that either party becomes aware that the circumstances described in clause (iii) in the definition of Credit Event exist and are continuing, such party shall provide written notice to the other party (the “Credit Event Notice”). In the event that any such Credit Event is continuing thirty days after delivery of such Credit Event Notice, or upon the occurrence of an event described in clauses (i) and (ii) in the definition of Credit Event, all obligations hereunder shall be accelerated (a “Credit Event Acceleration”) and such obligations shall be calculated as if an Early Termination Notice had been delivered on the date of the Credit Event and shall include, (1) the Early Termination Payment calculated as if an Early Termination Notice had been delivered on the date of the Credit Event; (2) any Tax Benefit Payment agreed to by the Corporation and the TRA Representative as due and payable but unpaid as of such date; and (3) any Tax Benefit Payment due for the Taxable Year ending prior to, with or including such date (except to the extent that such amount is included in the Early Termination Payment).
Appears in 2 contracts
Samples: Income Tax Receivable Agreement (Olaplex Holdings, Inc.), Income Tax Receivable Agreement (Olaplex Holdings, Inc.)
Acceleration upon a Credit Event. In the event that either party becomes aware that the circumstances an event described in clause (iiic) in the definition of Credit Event exist and are continuingexists with respect to the Company or any of its Subsidiaries, such party shall provide written notice to the other party (the “Credit Event Notice”). In the event that any such the Credit Event is continuing thirty not cured within ten days after of delivery of such Credit Event Notice, Notice or upon the occurrence of an event described in clauses (ia) and (iib) in the definition of Credit Event, all obligations hereunder shall be accelerated (a “Credit Event Acceleration”) and such obligations shall be calculated as if an Early Termination Notice had been delivered on the date of the Credit Event and shall include, but not be limited to, (1i) the Early Termination Payment calculated as if an Early Termination Notice had been delivered on the date of the Credit Event; (2ii) any Tax Benefit Payment agreed to by the Corporation Company and the TRA Party Representative as due and payable but unpaid as of such date; and (3iii) any Tax Benefit Payment due for the Taxable Year ending prior to, with or including such date (except to the extent that such amount is included in the Early Termination Payment).
Appears in 2 contracts
Samples: Tax Receivable Agreement (Forterra, Inc.), Tax Receivable Agreement (Forterra, Inc.)
Acceleration upon a Credit Event. In the event that either party becomes aware that the circumstances described in clause (iiic) in the definition of Credit Event exist and are continuing, such party shall provide written notice to the other party (the “Credit Event Notice”). In the event that any such Credit Event is continuing thirty days after delivery of such Credit Event Notice, or upon the occurrence of an event described in clauses (ia) and (iib) in the definition of Credit Event, all obligations hereunder shall be accelerated (a “Credit Event Acceleration”) and such obligations shall be calculated as if an Early Termination Notice had been delivered on the date of the Credit Event and shall include, (1i) the Early Termination Payment calculated as if an Early Termination Notice had been delivered on the date of the Credit Event; (2ii) any Tax Benefit Payment agreed to by the Corporation and the TRA Party Representative as due and payable but unpaid as of such date; and (3iii) any Tax Benefit Payment due for the Taxable Year ending prior to, with or including such date (except to the extent that such amount is included in the Early Termination Payment).
Appears in 1 contract
Samples: Tax Receivable Agreement (Clarios International Inc.)
Acceleration upon a Credit Event. In the event that either party becomes aware that the circumstances an event described in clause (iiic) in the definition of Credit Event exist and are continuingexists with respect to the Company or any of its Subsidiaries, such party shall provide written notice to the other party (the “Credit Event Notice”). In the event that any such the Credit Event is continuing thirty not cured within ten days after of delivery of such Credit Event Notice, Notice or upon the occurrence of an event described in clauses (ia) and (iib) in the definition of Credit Event, all obligations hereunder shall be accelerated (a “Credit Event Acceleration”subject to Section 3.01(a)(ii) above) and such obligations shall be calculated as if an Early Termination Notice had been delivered on the date of the Credit Event and shall include, but not be limited to, (1i) the Early Termination Payment calculated as if an Early Termination Notice had been delivered on the date of the Credit Event; (2ii) any Tax Benefit Payment agreed to by the Corporation Company and the TRA Party Representative as due and payable but unpaid as of such date; and (3iii) any Tax Benefit Payment due for the Taxable Year ending prior to, with or including such date (except to the extent that such amount is included in the Early Termination Payment).
Appears in 1 contract
Samples: Tax Receivable Agreement (Foundation Building Materials, Inc.)