Common use of Installment Payment Premium Clause in Contracts

Installment Payment Premium. Notwithstanding Section 4.4(b), if (i) the Shareholder receives an Adjusted Installment Payment from PainCare in a Formula Period rather than the Intended Installment Payment as a result of the Formula Period Profits of the New PC and the Surviving Corporation equaling less than the Earnings Threshold for such Formula Period, and (ii) the Formula Period Profits of the New PC and the Surviving Corporation exceed the Earnings Threshold in the Formula Period immediately subsequent to the Formula Period for which the Adjusted Installment Payment corresponded, and (iii) the Installment Payment Conditions are satisfied, then PainCare shall pay to the Shareholder the Installment Payment Premium (as defined below). The “Installment Payment Premium” shall equal the product of (A) the Formula Period Profits for the Formula Period in which the Installment Payment Premium is calculated less the Earnings Threshold, multiplied by (B) seventy-five percent (75%). The Installment Payment Premium shall be paid to the Shareholder in the same form and time as the Installment Payment is due for the Formula Period for which the Installment Payment Premium is calculated.

Installment Payment Premium. Notwithstanding Section 4.4(b), if (i) the Shareholder receives Shareholders receive an Adjusted Installment Payment from PainCare in a Formula Period rather than the Intended Installment Payment as a result of the Formula Period Profits of the New PC and the Surviving Corporation equaling less than the Earnings Threshold for such Formula Period, and (ii) the Formula Period Profits of the New PC and the Surviving Corporation exceed the Earnings Threshold in the Formula Period immediately subsequent to the Formula Period for which the Adjusted Installment Payment corresponded, and (iii) the Installment Payment Conditions are satisfied, then PainCare shall pay to the Shareholder Shareholders the Installment Payment Premium (as defined below). The “Installment Payment Premium” shall equal the product of (A) the Formula Period Profits for the Formula Period in which the Installment Payment Premium is calculated less the Earnings Threshold, multiplied by (B) seventy-five percent (75%). The Installment Payment Premium shall be paid to the Shareholder Shareholders in the same form and time as the Installment Payment is due for the Formula Period for which the Installment Payment Premium is calculated.

Installment Payment Premium. Notwithstanding Section 4.4(b), if (i) the Shareholder receives an Adjusted Installment Payment from PainCare in a Formula Period rather than the Intended Installment Payment as a result of the Formula Period Profits of the New PC and the Surviving Corporation equaling less than the Earnings Threshold for such Formula Period, and (ii) the Formula Period Profits of the New PC and the Surviving Corporation exceed the Earnings Threshold in the Formula Period immediately subsequent to the Formula Period for which the Adjusted Installment Payment corresponded, and (iii) the Installment Payment Conditions are satisfied, then PainCare shall pay to the Shareholder the Installment Payment Premium (as defined below). The “Installment Payment Premium” shall equal the product of (A) the Formula Period Profits for the Formula Period in which the Installment Payment Premium is calculated less the Earnings Threshold, multiplied by (B) seventy-five percent (75%). The Installment Payment Premium shall be paid to the Shareholder in the same form and time as the Installment Payment is due for the Formula Period for which the Installment Payment Premium is calculated.

Installment Payment Premium. Notwithstanding Section 4.4(b), if (i) the Shareholder receives an Adjusted Installment Payment from PainCare in a Formula Period rather than the Intended Installment Payment as a result of the Formula Period Profits of the New PC and the Surviving Corporation equaling less than the Earnings Threshold for such Formula Period, and (ii) the Formula Period Profits of the New PC and the Surviving Corporation exceed the Earnings Threshold in the Formula Period immediately subsequent to the Formula Period for which the Adjusted Installment Payment corresponded, and (iii) the Installment Payment Conditions are satisfied, then PainCare shall pay to the Shareholder the Installment Payment Premium (as defined below). The “Installment Payment Premium” shall equal the product of (A) the Formula Period Profits for the Formula Period in which the Installment Payment Premium is calculated less the Earnings Threshold, multiplied by (B) seventy-five percent (75%). The Installment Payment Premium shall be paid to the Shareholder in the same form and time as the Installment Payment is due for the Formula Period for which the Installment Payment Premium is calculated.. MIA 302723-6.064049.0034

Installment Payment Premium. Notwithstanding Section 4.4(b3.3(b), if (i) the Shareholder receives an the Adjusted Installment Payment from PainCare in a Formula Period (saving the last Formula Period) rather than the Intended Installment Payment as a result of the Formula Period Profits of the New PC and the Surviving Corporation equaling less than the Earnings Threshold for such Formula Period, and (ii) the Surviving Corporation’s Formula Period Profits of the New PC and the Surviving Corporation exceed the Earnings Threshold in the Formula Period immediately subsequent to the Formula Period for which the Adjusted Installment Payment Discount corresponded, and (iii) the Installment Payment Conditions are satisfied, then PainCare shall pay to the Shareholder the Installment Payment Premium (as defined below). The “Installment Payment Premium” shall equal the product of (A) the Formula Period Profits for the Formula Period in which the Installment Payment Premium is calculated less the Earnings Threshold, multiplied by (B) seventySeventy-five percent (75%). The Installment Payment Premium shall be paid to the Shareholder in the same percentages, form and time as the Installment Payment is Payments (as defined in Subsection (d) below) are due for the Formula Period for which the Installment Payment Premium is calculated.

Installment Payment Premium. Notwithstanding Section 4.4(b3.4(b), if (i) the Shareholder receives Shareholders receive an Adjusted Installment Payment from PainCare in a Formula Period rather than the Intended Installment Payment as a result of the Formula Period Profits of the New PC Provider Network and the Surviving Corporation Subsidiary equaling less than the Earnings Threshold for such Formula Period, and (ii) the Formula Period Profits of the New PC Provider Network and the Surviving Corporation Subsidiary exceed the Earnings Threshold in the any subsequent Formula Period or for the annual period immediately subsequent to the last Formula Period for which the Adjusted Installment Payment correspondedPeriod, and (iii) the Installment Payment Conditions are satisfied, then PainCare shall pay to the Shareholder Shareholders the Installment Payment Premium (as defined below). The “Installment Payment Premium” shall equal the product of (A) the Formula Period Profits for the Formula Period in which the Installment Payment Premium is calculated less the Earnings Threshold, multiplied by (B) seventy-five percent (75%), but in no event shall the Installment Payment Premium ever exceed the difference between the Installment Payment minus the Adjusted Installment Payment. The Installment Payment Premium shall be paid to the Shareholder Shareholders in the same form and time as the Installment Payment is due for the Formula Period for which the Installment Payment Premium is calculated.