Increase in Stock Consideration Sample Clauses
Increase in Stock Consideration. By the Seller if both of the conditions set forth in Section 8.01(i)(1) and in Section 8.01(i)(2) exist on the day immediately preceding the anticipated Effective Time and the Company has not elected to cure such conditions in the manner described in Section 8.01(i)(3):
(1) The quotient determined by dividing the Final VWAP by the Initial VWAP is less than 0.80.
(2) The quotient obtained by dividing the Final VWAP by the Initial VWAP is less than the difference obtained by subtracting 0.15 from the quotient obtained by dividing the Final Index Price by the Initial Index Price.
(3) The Company shall have the right, but not the obligation, upon written notice to the Seller prior to the Effective Time, to increase the Stock Consideration (the “Additional Stock Amount”) to an amount equal to the quotient obtained by dividing (I) $38.00 by (II) the Final VWAP and, in such event, the conditions set forth in the conditions set forth in Section 8.01(i)(1) and Section 8.01(i)(2) shall be deemed not to exist.
Increase in Stock Consideration. In the event that Actual ------------------------------- Company Revenues (as determined in accordance with Section 1.6(a) and as set forth in the Final Statement) exceed Committed Revenues, Buyer shall deliver to Seller no later than March 31, 2001 (or, in the event of a dispute referred to the Independent Accountant as set forth in Section 1.6(a)(iii) above, no later than the date ten business days after delivery to the Buyer and Seller of the Independent Accountant's final determination if such date is later than March 31, 2001), a stock certificate, registered in the name of Seller, representing the Additional Stock Consideration.