Australian Earnout Sample Clauses

Australian Earnout. Subject to Section 1.4(a)(iv) below, the Australian Earnout Amount payable in the aggregate for all Earnout Years to the Australian Shareholders shall be the amount up to AUD18,000,000 and shall be determined as follows: (i) For each Earnout Year, the Australian Individual Earnout Amounts listed on Schedule 1.4(a) shall be determined separately. If an Australian Individual Target Level listed on Schedule 1.4 (a) is achieved for an Earnout Year, then the corresponding Australian Individual Earnout Amount shall be payable to the Australian Shareholders for such Earnout Year. (ii) If an Australian Individual Target Level is not achieved in a particular Earnout Year, the amount of such Australian Individual Target Level can be carried over to a subsequent Earnout Year (or Earnout Years) and the combined Australian Individual Earnout Amounts for such years can be earned if the aggregate of the Australian Individual Target Level for such years is met by the end of the subsequent Earnout Year. Conversely, if an Australian Individual Target Level is exceeded in a particular Earnout Year, the amount of such excess can be carried over to a subsequent Earnout Year (or Earnout Years) to determine the Australian Individual Earnout Amount for such subsequent Earnout Year. (iii) In addition, if at least 95% but less than 100% of a combined Australian Individual Target Level for all Earnout Years is achieved, then 75% of the corresponding Australian Individual Earnout Amount will be payable with respect to each Earnout Year in which the Australian Individual Target Level was not achieved. If at least 90% but less than 95% of a combined Australian Individual Target Level for all Earnout Years is achieved, then 50% of the corresponding Australian Individual Earnout Amount will be payable with respect to each Earnout Year in which the Australian Individual Target Level was not achieved. (iv) If an Australian Individual Target Level for all three Earnout Years in the aggregate is exceeded by 10% or more, then the corresponding Australian Individual Earnout Amount for all three Earnout Years in the aggregate will be increased by 10%.
Sample 1
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Related to Australian Earnout

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