Common use of Limitations on Contingent Payments Clause in Contracts

Limitations on Contingent Payments. Notwithstanding anything to the contrary contained herein: a. The Company shall not pay, and the Unilever Stockholder shall have no right to receive, any Contingent Payment in respect of Cash Flows (or any portion thereof) for any Fiscal Year after the Fiscal Year in which the End Date occurs (such Contingent Payment, if any, the “Final Contingent Payment”), and after such Final Contingent Payment shall have been paid, the Unilever Stockholder shall have no further rights under this Exhibit 9. b. The Unilever Stockholder hereby agrees, consents to and acknowledges that the payment by the Company of the Contingent Payment Amount in this Exhibit 9 shall not be made until and unless permitted by the provisions of the Financing Agreements and the rights, remedies and powers of the lenders or noteholders (other than any Unilever Group Member) and holders of collateral thereunder; provided, further, that such payment shall not be made until and unless the dividends declared in accordance with Section 4.10(a)(iv) of the Agreement, including the Agreed Dividend Policy, shall have been paid; provided, further, that if the Company does not pay the Contingent Payment Amount at any time it would otherwise be obligated to pay such amount but for the provisions of this subsection (b), interest shall accrue on such amount at the Applicable Rate from such time until the date of payment.

Limitations on Contingent Payments. Notwithstanding anything to the contrary contained herein: a. The Company shall not pay, and the Unilever Stockholder shall have no right to receive, any Contingent Payment in respect of Cash Flows (or any portion thereof) for any Fiscal Year after the Fiscal Year in which the End Date occurs (such Contingent Payment, if any, the “Final Contingent Payment”), and after such Final Contingent Payment shall have been paid, the Unilever Stockholder shall have no further rights under this Exhibit 9. b. The Unilever Stockholder hereby agrees, consents to and acknowledges that the payment by the Company of the Contingent Payment Amount in this Exhibit 9 shall not be made until and unless permitted by the provisions of the Financing Agreements and the rights, remedies and powers of the lenders or noteholders (other than any Unilever Group Member) and holders of collateral thereunder; provided, further, that Table of Contents such payment shall not be made until and unless the dividends declared in accordance with Section 4.10(a)(iv) of the Agreement, including the Agreed Dividend Policy, shall have been paid; provided, further, that if the Company does not pay the Contingent Payment Amount at any time it would otherwise be obligated to pay such amount but for the provisions of this subsection (b), interest shall accrue on such amount at the Applicable Rate from such time until the date of payment.