Common use of Company Sale Clause in Contracts

Company Sale. Unless AQM has previously elected to pay an Accelerated Bonus to the Executive in accordance with Section 6 hereof, in the event of the consummation of a sale or transfer to a third party purchaser not affiliated in any manner with AQM or its existing stockholders (the "Buyer") of either all of the outstanding Common Stock of AQM or a sale of all or substantially all of the assets of AQM whether for cash or securities of the Buyer (regardless of the form of transaction, a "Company Sale"), and only in such event, the Executive shall, subject to the conditions hereinafter set forth (including, without limitation, those set forth in Section 10), be eligible to receive a "Sale Bonus" (as hereinafter defined), with such Sale Bonus to be paid by AQM in full or in installments at such time or times and to the same extent as the Stockholders actually receive payment of the consideration with respect to their Common Stock, whether that consideration is provided directly by the Buyer to the Stockholders (in the event of a stock sale or transfer) or by the Buyer to AQM and then, by way of distribution, from AQM to the Stockholders (in the event of an asset sale or transfer).