Contingent Cash Payment. In the event DSI does not issue the New DSI Security in a Third Party Financing prior to October 31, 2001, DSI shall pay in cash to HTE by October 31, 2001, the DSI 10-31-00 Note Payment, plus all additional accrued interest due as a result of the deferral hereunder of payment of the DSI 10-31-00 Note Payment.
Contingent Cash Payment. In respect of each Performance Period, within thirty (30) days following complete satisfaction of the Performance Period Requirements set forth below, the Buyer shall pay the Seller an amount in cash equal to the Contingent Cash Payment. With respect to each Performance Period, the requirements set forth in paragraphs 1-3 below (the “Performance Period Requirements”) must be satisfied as a condition precedent to the Buyers obligation to pay the Contingent Cash Payment for such Performance Periods:
Contingent Cash Payment. At any time following Quincy’s completion of two million five hundred thousand dollars ($2,500,000.00) in Expenditures, Newmont may elect to receive a cash payment in lieu of electing the Venture Option under Section 8 below (“Cash Option”). Newmont may elect the Cash Option by delivering written notice to Quincy. Within sixty (60) days after Newmont delivers such notice, the parties shall take the following action: (i) Quincy shall pay to Newmont, in cash, an amount equal to eighty-five percent (85%) of the Expenditures Quincy has completed as of the date Newmont delivers its notice; provided that such payment to Newmont shall not exceed five million five hundred thousand dollars ($5,500,000.00); (ii) subject to obtaining necessary landowner consents, Newmont and Quincy shall execute, and Newmont shall deliver to Quincy, a quit claim deed and assignment in the form of Exhibit F, conveying to Quincy all of Newmont’s interest in the Newmont Property, and (iii) Quincy shall execute and deliver to Newmont a royalty deed in the form of Exhibit G, conveying to Newmont a royalty on all minerals produced from the Property; and (iv) the parties shall terminate in writing this Agreement.
Contingent Cash Payment. For each Performance Period, upon complete satisfaction of the Performance Period Requirements set forth below, Parent shall pay each DCG Shareholder an amount of cash determined in accordance with the following formula: CCP = 1/3*(S * PI * 435,000) Where: CCP = The amount of cash payable by Parent to such DCG Shareholder with respect to such Performance Period. S = The number of Shares held by such DCG Shareholder immediately prior to the Effective Time.
Contingent Cash Payment. For each Performance Period, upon complete satisfaction of the Performance Period Requirements set forth below, Parent shall pay each PDI Shareholder an amount of cash determined in accordance with the following formula: CCP = CES * CPI * 400,000 Where: CCP = The amount of cash payable by Parent to such PDI Shareholder with respect to such Performance Period. CES = The number of Cash Election Shares held by such PDI Shareholder immediately prior to the Effective Time.
Contingent Cash Payment. In respect of each Performance Period, upon complete satisfaction of the Performance Period Requirements set forth below, Buyer shall pay to each of the Sellers in cash fifty percent (50%) of the applicable Contingent Cash Payment. The Contingent Cash Payment shall be determined as follows:
Contingent Cash Payment. In respect of each Performance Period, upon complete satisfaction of the Performance Period Requirements set forth below, Merger Sub shall pay to each Equity Holder in cash such Equity Holder’s Pro Rata Percentage of the applicable Contingent Cash Payment. The Contingent Cash Payment shall be determined as follows:
Contingent Cash Payment. For each Performance Period, upon complete satisfaction of the Performance Period Requirements set forth below, Parent shall pay each DCG Shareholder an amount of cash determined in accordance with the following formula: CCP = 1/3*(S * PI * 435,000) Where: CCP = The amount of cash payable by Parent to such DCG Shareholder with respect to such Performance Period. S = The number of Shares held by such DCG Shareholder immediately prior to the Effective Time. PI = The Percentage Interest. With respect to each Performance Period, the requirements set forth in paragraphs 1-3 below (the “Performance Period Requirements”) must be satisfied as a condition precedent to Parent’s obligation to pay the Contingent Cash Payments for such Performance Periods:
Contingent Cash Payment. Purchaser will pay to Seller an earnout payment (the “Contingent Cash Payment“) equal to 30% of the pre-tax profit of Purchaser earned in connection with the Business, if any, for the nine full calendar months beginning two full calendar months following the Closing Date (the “Earnout Period“). Purchaser shall maintain complete and accurate Books and Records prepared and maintained in accordance with GAAP and on substantially the same basis as Seller’s Books and Records, for the Business in connection with the Contingent Cash Payment, and Seller and its representatives shall be entitled to review such Books and Records. The Contingent Cash Payment will be paid in installments based upon the pre-tax profit for each three full calendar months during the Earnout Period (the “Interim Cash Payments“). Purchaser will provide Seller written notice of the amount of each installment payment within 10 days after the end of each three month period (each notice, a “Contingent Cash Payment Notice”), and shall make payment within 30 days after each three-month period. At the end of the Earnout Period, the Parties shall determine the cumulative pre-tax profit, net of losses (if any) and shall calculate the aggregate Contingent Cash Payment (the “Total Contingent Cash Payment”) for the entire Earnout Period in the same manner as for each of the three full calendar month periods during the Earnout Period. If the Total Contingent Cash Payment is different from the sum of the Interim Cash Payments, the final settlement of the Cash Payment shall be adjusted as follows:
Contingent Cash Payment. In respect of the First Performance Period, within five Business Days after delivery of the Final Computation of the First Average Monthly Gross Profit, Buyer shall pay to the Stockholder an amount in cash equal to the Contingent Cash Payment, as adjusted pursuant to Section 2.3(b) above and Section 2.5 below.
