Consideration Formula Clause Samples

Consideration Formula. This clause 5.9(d) applies to Change of Control Events in accordance with clauses 5.9(a) to 5.9(c) (inclusive) and, where this clause is triggered, any outstanding Milestone Consideration payable pursuant to clauses 5.1 to 5.4 (inclusive) must be satisfied by the Buyer or Bidder (as applicable) (Payor) as follows: (i) (Cash Consideration): to the extent that the consideration to be satisfied by the Bidder pursuant to the Change of Control Event is a cash amount (Cash Consideration), the Payor must satisfy the Milestone Consideration by paying a cash amount to the Seller in accordance with the formula below: Where: (ii) (Scrip Consideration): to the extent that the consideration to be satisfied by the Bidder pursuant to the Change of Control Event is Equity Securities (Scrip Consideration), the Payor must satisfy the Milestone Consideration by Equity Securities of the same kind or kinds in accordance with the formula below: