Common use of Additional Option Exercise Earn-Out Provisions Clause in Contracts

Additional Option Exercise Earn-Out Provisions. The Option Exercise Earn-Out payable under Paragraph 2.3(a) (Schedule A) will be subject to the following: (i) only one Option Exercise Earn-Out will be payable under this Schedule A with respect to each Product unit; A&R OPTION AGREEMENT (ii) except as otherwise expressly provided in this Schedule A, the Option Agreement and the other Transaction Agreements, the Option Exercise Earn-Out when owed or paid under this Schedule A will be nonrefundable and non-creditable and not subject to set-off; and (iii) except as expressly set forth in Paragraph 2.3(c) (Schedule A), no other Option Exercise Earn-Out credits, reductions or deductions are permitted under this Schedule A.

Additional Option Exercise Earn-Out Provisions. The Option Exercise Earn-Out payable under Paragraph 2.3(a) (Schedule A) will be subject to the following: (i) only one Option Exercise Earn-Out will be payable under this Schedule S chedule A with respect to each Product unit; A&R OPTION AGREEMENT; (ii) except as otherwise expressly provided in this Schedule A, the Option Agreement and the other Transaction Agreements, the Option Exercise Earn-Out when owed or paid under this Schedule A will be nonrefundable and non-creditable and not subject to set-off; and (iii) except as expressly set forth in Paragraph 2.3(c) (Schedule A), no other Option Exercise Earn-Out credits, reductions or deductions are permitted under this Schedule A.