Common use of Installment Payment Discount Clause in Contracts

Installment Payment Discount. Notwithstanding Section 3.4(a) above, if the Surviving Corporation fails to achieve the Earnings Threshold in a Formula Period, the amount of the Intended Installment Payment for such Formula Period shall be recalculated to equal the product of the Intended Installment Payment, multiplied by the Installment Payment Discount (as defined below) (the “Adjusted Installment Payment”). The “Installment Payment Discount” shall equal (i) the Formula Period Profits (as defined in Subsection (f) below) for such Formula Period divided by the Earnings Threshold; multiplied by (ii) ninety percent (90%).

Appears in 2 contracts

Samples: Merger Agreement (Paincare Holdings Inc), Merger Agreement (Paincare Holdings Inc)

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Installment Payment Discount. Notwithstanding Section 3.4(a3.3(a) above, if the Surviving Corporation fails to achieve the Earnings Threshold in a Formula Period, the amount of the Intended Installment Payment for such Formula Period shall be recalculated to equal the product of the Intended Installment Payment, multiplied by the Installment Payment Discount (as defined below) (the “Adjusted Installment Payment”). The “Installment Payment Discount” shall equal (i) the Formula Period Profits (as defined in Subsection (f) below) for such Formula Period divided by the Earnings Threshold; multiplied by (ii) ninety percent (90%).

Appears in 1 contract

Samples: Merger Agreement (Paincare Holdings Inc)

Installment Payment Discount. Notwithstanding Section 3.4(a) above, if the Surviving Corporation fails to achieve the Earnings Threshold in a Formula Period, the amount of the Intended Installment Payment for such Formula Period shall be recalculated to equal the product of the Intended Installment Payment, multiplied by the Installment Payment Discount (as defined below) (the "Adjusted Installment Payment"). The "Installment Payment Discount" shall equal (i) the Formula Period Profits (as defined in Subsection (f) below) for such Formula Period divided by the Earnings Threshold; multiplied by (ii) ninety percent (90%).

Appears in 1 contract

Samples: Merger Agreement (Paincare Holdings Inc)

Installment Payment Discount. Notwithstanding Section 3.4(a3.3(a) above, if the Surviving Corporation Subsidiary fails to achieve the Earnings Threshold in a any Formula Period, the amount of the Intended Installment Payment for such Formula Period shall be recalculated to equal the product of the Intended Installment Payment, multiplied by the Installment Payment Discount (as defined below) (the “Adjusted Installment Payment”). The “Installment Payment Discount” shall equal equal (i) the Formula Period Profits (as defined in Subsection (f) below) for such Formula Period divided by the Earnings Threshold; multiplied by (ii) ninety percent (90%).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Paincare Holdings Inc)

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Installment Payment Discount. Notwithstanding Section 3.4(a3.3(a) above, if the Surviving Corporation fails to achieve the Earnings Threshold in a Formula Period, the amount of the Intended Installment Payment for such Formula Period shall be recalculated to equal the product of the Intended Installment Payment, multiplied by the Installment Payment Discount (as defined below) (the “Adjusted Installment Payment”). The “Adjusted Installment Payment DiscountPayment” shall equal (i) the Formula Period Profits (as defined in Subsection (f) below) for such Formula Period divided by the Earnings Threshold; multiplied by (ii) ninety percent (90%) (“Installment Payment Discount”).

Appears in 1 contract

Samples: Merger Agreement (Paincare Holdings Inc)

Installment Payment Discount. Notwithstanding Section 3.4(a3.3(a) above, if the Surviving Corporation fails to achieve the Earnings Threshold in a Formula Period, the amount of the Intended Installment Payment for such Formula Period shall be recalculated to equal the product of the Intended Installment Payment, multiplied by the Installment Payment Discount (as defined below) (the "Adjusted Installment Payment"). The "Installment Payment Discount" shall equal (i) the Formula Period Profits (as defined in Subsection (f) below) for such Formula Period divided by the Earnings Threshold; multiplied by (ii) ninety percent (90%).

Appears in 1 contract

Samples: Merger Agreement (Paincare Holdings Inc)

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