Additional Business Operations Sample Clauses
Additional Business Operations. If the Company or its subsidiaries acquire or enter into any additional business operations after the date of this Agreement (each an "Additional Business"), the Board and the Manager will, prior to the acquisition or prior to entering into the business operations, in good faith, determine whether and to what extent the Base Compensation should be increased as a result thereof. Any increase will be evidenced by a written supplement to this Agreement signed by the Company and the Manager.
Additional Business Operations. If the Company or its subsidiaries acquire or enter into any additional business operations after the date of this Agreement, the Board and SFM will, prior to the acquisition or prior to entering into the business operations, in good faith, determine whether and to what extent the Base Compensation should be increased as a result thereof. Any increase will be evidenced by a written supplement to this Agreement signed by the Company and SFM.
Additional Business Operations. In the event that any additional business operations are acquired by the Company or its subsidiaries after the date of this Agreement (each an "ADDITIONAL BUSINESS"), then, with respect to each such Additional Business which has EBITA of $2,000,000 or more, the Base Compensation shall be increased (as of the date such Additional Business is acquired) by an amount equal to the greater of (i) $50,000 and (ii) subject to Section 2(b), above, an amount determined in good faith by Trivest and the Board prior to the date such Additional Business is acquired. For purposes of this Agreement, the term "EBITA" shall mean the projected annual earnings before income taxes, interest expense and amortization of goodwill for each Additional Business for the fiscal year in which the acquisition of such Additional Business occurs, as computed in accordance with generally accepted accounting principles consistently applied with prior years (but excluding from such computation any purchase adjustments and compensation payable to Trivest as a result of the terms of this Agreement).
Additional Business Operations. If the Company or its subsidiaries acquire or enter into any additional business operations after the date of this Agreement, the Board and Bayside will, prior to the acquisition or prior to entering into the business operations, in good faith, determine whether and to what extent the applicable fee set forth in Section 6.1.1 above should be increased as a result thereof. It is expected that the fee would be increased on a proportional basis (i.e., to represent the same percentage of aggregate enterprise value). Any increase will be evidenced by a written supplement to this Agreement signed by the Company and Bayside
Additional Business Operations. If the Company or its subsidiaries acquire or enter into any additional business operations after the date of this Agreement, the Board and H.I.G. will, prior to the acquisition or prior to entering into the business operations, in good faith, determine whether and to what extent the fee set forth in Section 6.1 above should be increased as a result thereof. Any increase pursuant to this Section 6.1.2 will be evidenced by a written supplement to this Agreement signed by the Company and H.I.G.
Additional Business Operations. If the Company or its subsidiaries acquire or enter into any additional business operations after the date of this Agreement, the Board and H.I.G. will, prior to the acquisition or prior to entering into the business operations, (i) in good faith, determine whether and to what extent the applicable annual fee set forth in Section 6.1 above should be increased as a result thereof, and (ii) notify the First Lien Collateral Agent and the Second Lien Collateral Agent in writing of any such increase. The Management Fee may not exceed $1,000,000 in any year and may only be increased to up to $750,000 per annum if EBITDA for the four calendar quarters preceding the date of any payment is at least $12,500,000 and may only be increased to up to $1,000,000 per annum if EBITDA for the four calendar quarters preceding the date of any payment is at least $17,500,000 for the four calendar quarters preceding the date of any payment. Any increase in the Management Fee will be evidenced by a written supplement to this Agreement signed by the Company and H.I.G. and will only be payable to the extent permitted by the NPA.
