Fourth Year Period Clause Samples

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.

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 ...