Fourth Year Period Clause Samples

Fourth Year Period. Following the end of the Fourth Year Period, if the Fourth Year Earn-Out Net Income exceeds the greater of (a) the Additional Consideration Target, (b) the First Year Earn-Out Net Income, (c) the Second Year Earn-Out Net Income and (d) the Third Year Earn-Out Net Income (the amount of such excess, the “Fourth Year Excess Amount”), then Parent shall pay to the Members an amount equal to the Fourth Year Excess Amount in accordance with Section 2.9(c)(v).
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Fourth Year Period. The subsequent payment corresponding to the Fourth Year Period (the “Fourth Earnout Payment”), shall be the Fourth Earnout Payment for the Fourth Year Period, provided that the Fourth Year Achieved Revenue and the Minimum Gross Margin is greater than or equal to the Fourth 8 Initial ISH Initial YS Year Target Revenue and the Minimum Gross Margin. If the Fourth Year Achieved Revenue is: (i) less than the Fourth Year Target Revenue, and (ii) less than the Minimum Gross Margin, then the Earnout Payment for the Fourth Year Period shall be equal to zero. Alternatively, however, if the Fourth Year Achieved Revenue is greater than or equal to the target revenue of any subsequent years target revenue, and there is a Minimum Gross Margin corresponding to that year, then in that event the Earnout Payment shall be the Earnout Payment corresponding to the year for which the target revenue was achieved. However, at no time shall the aggregate Earnout Payments exceed the Maximum Earnout Payment.
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Fourth Year Period. If and only if the total purchase price of all products and services purchased by the Motorola Group during the year commencing on the Third Anniversary and ending on the fourth anniversary of the Closing Date (the "Fourth Anniversary") (the "Fourth Year Period") is at least $155,000,000 from the ASE Group and US$75,000,000 from Buyer, Buyer shall deliver to Seller within 30 days following the Fourth Anniversary an amount calculated as follows: (1) If any portion of the $23,333,333 was paid for the Third Year Period: i. If the Third Year ASE Group Total plus the total purchase price of all products and services purchased from the ASE Group during the Fourth Year Period (the "Fourth Year ASE Group Total") is more than $375,000,000 then the amount shall be calculated as follows: (((Third Year ASE Group Total + Fourth Year ASE Group Total)/ $600,000,000) x $23,333,333)--the portion of the $23,333,333 paid for the Third Year Period (the "Third Year Payment"); ii If the Third Year ASE Group Total plus the Fourth Year ASE Group Total is more than $345,000,000 but less than or equal to $375,000,000 then the amount shall be calculated as follows: ((((Third Year ASE Group Total + Fourth Year ASE Group Total)/ $600,000,000) x $23,333,333) x 87.5%)--Third Year Payment; or iii. If the Third Year ASE Group Total plus the Fourth Year ASE Group Total is more than $315,000,000 but less than or equal to $345,000,000 then the amount shall be calculated as follows: ((((Third Year ASE Group Total + Fourth Year ASE Group Total)/ $600,000) x $23,300,000) x 80%)--Third Year Payment. iv. In no event shall the total amount paid in the Third Year Period and the Fourth Year Period combined exceed $15,333,333. (2) If no amount was paid for the Third Year Period: i. If the Fourth Year ASE Group Total is $200,000,000 or more then the amount shall be $8,000,000; ii. If the Fourth Year ASE Group Total is more than $190,000,000 but less than $200,000,000 then the amount shall be calculated as follows: ((Fourth Year ASE Group Total/ $400,000,000) x $16,000,000); iii. If the Fourth Year ASE Group Total is more than $175,000,000 but less than or equal to $190,000,000 then the amount shall be calculated as follows: ((Fourth Year ASE Group Total/ $400,000,000) x $16,000,000) x 87.5%; or iv. If the Fourth Year ASE Group Total is more than $155,000,000 but less than or equal to $175,000,000 then the amount shall be calculated as follows: ((Fourth Year ASE Group Total/ $400,000) x $16,000,000) x ...
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Related to Fourth Year Period

  • Meal Period A Contractor shall schedule an unpaid period of not more than 1/2 hour duration at the work location between the 3rd and 5th hour of the scheduled shift. A Contractor may, for efficiency of operation, establish a schedule which coordinates the meal periods of two or more crafts. If an employee is required to work through the meal period, the employee shall be compensated in a manner established in the applicable Schedule A.

  • Rest Period After Overtime (a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days or shifts, including overtime. (b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day, that they have not had at least 10 consecutive hours off duty between those times, will be released after completion of such overtime, until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such a absence. (c) If, on the instruction of the employer, an employee resumes or continues to work without having had 10 consecutive hours off duty, they will be paid at the rate of double time until released from duty for such period. The employee will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during the absence.

  • week period During each bi-weekly pay period there shall be four (4) days off of which two (2) shall be scheduled as consecutive days off. The Employer will endeavour to provide schedules of not more than five

  • PRORATION PERIOD The Tenant: (check one)

  • Minimum Revenue Borrower and its Subsidiaries shall have Revenue from sales, marketing or distribution of the Product and related services (for each respective measured period, the “Minimum Required Revenue”): (a) during the twenty-four month period beginning on January 1, 2015, of at least $45,000,000; (b) during the twenty-four month period beginning on January 1, 2016, of at least $80,000,000; (c) during the twenty-four month period beginning on January 1, 2017, of at least $110,000,000; and (d) during the twenty-four month period beginning on January 1, 2018, of at least $120,000,000; and (e) during the twenty-four month period beginning on January 1, 2019, of at least $120,000,000.