Common use of Additional Earnout Payment Obligation Clause in Contracts

Additional Earnout Payment Obligation. In addition to the right to receive Employee’s share of his remaining Earnout Payment amounts in the event of his own termination without Cause pursuant to Section 6(h)(i) above, if any one or more of Messrs. Xxxxxxx Xxxxxxx, Xxxxxxx Xxxxxxx or Xxxxxxxxxxx Xxxx are terminated without Cause under (and as defined in) their respective employment agreement with the Company at a time when Earnout Payment amounts may still be payable to Employee under the Asset Purchase Agreement, the Company shall pay to Employee, as soon as practicable after the date of such termination of such other employee(s) (allowing Company a reasonable period of time to calculate such amounts), the full amount of Employee’s share of all Earnout Payments not yet paid to Employee as of the date of such termination (both in cash and shares of UniTek Common Stock, in accordance with the Asset Purchase Agreement) (i.e., as if Employee had been terminated without Cause hereunder), with Employee’s share of such remaining Earnout Payment amounts being determined, for this purpose, on a basis as if the Pinnacle Division had achieved the level of Reported EBITDA that would require full payment of the total amount of remaining Earnout Payments due under the Asset Purchase Agreement

Additional Earnout Payment Obligation. In addition to the right to receive Employee’s share of his remaining Earnout Payment amounts in the event of his own termination without Cause pursuant to Section 6(h)(i) above, if any one or more of Messrs. Xxxxxxx Xxxxxxx, Xxxxxxx Xxxxxxx or Xxxxxxxxxxx Xxxx or Xxxxx Xxxxxx are terminated without Cause under (and as defined in) their respective employment agreement with the Company at a time when Earnout Payment amounts may still be payable to Employee under the Asset Purchase Agreement, the Company shall pay to Employee, as soon as practicable after the date of such termination of such other employee(s) (allowing Company a reasonable period of time to calculate such amounts), the full amount of Employee’s share of all Earnout Payments not yet paid to Employee as of the date of such termination (both in cash and shares of UniTek Common Stock, in accordance with the Asset Purchase Agreement) (i.e., as if Employee had been terminated without Cause hereunder), with Employee’s share of such remaining Earnout Payment amounts being determined, for this purpose, on a basis as if the Pinnacle Division had achieved the level of Reported EBITDA that would require full payment of the total amount of remaining Earnout Payments due under the Asset Purchase Agreement.

Additional Earnout Payment Obligation. In addition to the right to receive Employee’s share of his remaining Earnout Payment amounts in the event of his own termination without Cause pursuant to Section 6(h)(i) above, if any one or more of Messrs. Xxxxxxx Xxxxxxx, Xxxxxxx Xxxxxxx or Xxxxxxxxxxx Xxxx or Xxxxx Xxxxxx are terminated without Cause under (and as defined in) their respective employment agreement with the Company at a time when Earnout Payment amounts may still be payable to Employee under the Asset Purchase Agreement, the Company shall pay to Employee, as soon as practicable after the date of such termination of such other employee(s) (allowing Company a reasonable period of time to calculate such amounts), the full amount of Employee’s share of all Earnout Payments not yet paid to Employee as of the date of such termination (both in cash and shares of UniTek Common Stock, in accordance with the Asset Purchase Agreement) (i.e., as if Employee had been terminated without Cause hereunder), with Employee’s share of such remaining Earnout Payment amounts being determined, for this purpose, on a basis as if the Pinnacle Division had achieved the level of Reported EBITDA that would require full payment of the total amount of remaining Earnout Payments due under the Asset Purchase Agreement

Additional Earnout Payment Obligation. In addition to the right to receive Employee’s share of his remaining Earnout Payment amounts in the event of his own termination without Cause pursuant to Section 6(h)(i) above, if any one or more of Messrs. Xxxxxxx Xxxxxxx, Xxxxxxx Xxxxxxx or Xxxxxxxxxxx Xxxx Xxxxx Xxxxxx are terminated without Cause under (and as defined in) their respective employment agreement with the Company at a time when Earnout Payment amounts may still be payable to Employee under the Asset Purchase Agreement, the Company shall pay to Employee, as soon as practicable after the date of such termination of such other employee(s) (allowing Company a reasonable period of time to calculate such amounts), the full amount of Employee’s share of all Earnout Payments not yet paid to Employee as of the date of such termination (both in cash and shares of UniTek Common Stock, in accordance with the Asset Purchase Agreement) (i.e., as if Employee had been terminated without Cause hereunder), with Employee’s share of such remaining Earnout Payment amounts being determined, for this purpose, on a basis as if the Pinnacle Division had achieved the level of Reported EBITDA that would require full payment of the total amount of remaining Earnout Payments due under the Asset Purchase Agreement.