Common use of Procedures Applicable to Determination of the Earn-out Payments Clause in Contracts

Procedures Applicable to Determination of the Earn-out Payments. (a) On or before the date which is thirty (30) days after the conclusion of the Measurement Period (the "Earn-out Calculation Delivery Date"), the Buyer shall prepare and deliver to the Seller a written statement (the "Earn-out Calculation Statement") setting forth in reasonable detail its calculation of the resulting Earn-out Payment (the "Earn-out Calculation").

Appears in 2 contracts

Samples: Asset Purchase Agreement (Patriot National, Inc.), Asset Purchase Agreement (Patriot National, Inc.)

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Procedures Applicable to Determination of the Earn-out Payments. (a) On or before the date which is thirty forty-five (3045) days after the conclusion last day of the Measurement each Calculation Period (the "each such date, an “Earn-out Calculation Delivery Date"), the Buyer shall cause the Company to prepare and deliver to the Seller a written statement (the "in each case, an “Earn-out Calculation Statement") setting forth in reasonable detail its determination of the Fuel Gross Profit for the applicable Calculation Period and its calculation of the resulting Earn-out Payment (the "in each case, an “Earn-out Calculation").

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Susser Petroleum Partners LP), Purchase and Sale Agreement

Procedures Applicable to Determination of the Earn-out Payments. (a) 3.3.2.1 On or before the date which is thirty twenty (3020) days after the conclusion last day of the Measurement each Calculation Period (the "Earn-out each such date, an “Earn Out Calculation Delivery Date"), the Buyer shall prepare and deliver to the Seller a written statement (the "Earn-out in each case, an “Earn Out Calculation Statement") setting forth in reasonable detail its determination of Revenue for the applicable Calculation Period and its calculation of the resulting Earn-out Earn Out Payment (the "Earn-out in each case, an “Earn Out Calculation").

Appears in 1 contract

Samples: Asset Purchase Agreement (Synalloy Corp)

Procedures Applicable to Determination of the Earn-out Payments. (a) On or before the date which is thirty five (305) days after the conclusion last day of the Measurement Period Year 1 (the "each such date, an “Earn-out Calculation Delivery Date"), the Buyer shall prepare and deliver to the Seller a written statement (the "in each case, an “Earn-out Calculation Statement") setting forth in reasonable detail its calculation of the resulting Earn-out Payment (the "in each case, an “Earn-out Calculation").

Appears in 1 contract

Samples: Asset Purchase Agreement (Patriot National, Inc.)

Procedures Applicable to Determination of the Earn-out Payments. (ai) On or before the date which is thirty sixty (3060) days after the conclusion last day of the Measurement each Calculation Period (the "each such date, an ”Earn-out Out Calculation Delivery Date"), the Buyer shall prepare and deliver to the Seller a written statement (the "in each case, an “Earn-out Calculation Statement") setting forth in reasonable detail its determination of Net Profits for the applicable Calculation Period and its calculation of the resulting Earn-out Out Payment (the "in each case, an “Earn-out Out Calculation").

Appears in 1 contract

Samples: Stock Purchase Agreement (Heritage Global Inc.)

Procedures Applicable to Determination of the Earn-out Payments. (a) On or before the date which is thirty (30) days after the conclusion of the Measurement Period (the "Earn-out Calculation Delivery Date"), the Buyer shall prepare and deliver to the Seller a written statement (the "Earn-out Calculation Statement") setting forth in reasonable detail its calculation of the resulting Earn-out Payment (the "Earn-out Calculation").

Appears in 1 contract

Samples: Asset Purchase Agreement (Patriot National, Inc.)

Procedures Applicable to Determination of the Earn-out Payments. (a) On or before the date which is thirty (30) days after the conclusion of the Measurement Period (the "Earn-out Out Calculation Delivery Date"), the Buyer shall prepare and deliver to the Seller a written statement (the "Earn-out Out Calculation Statement") setting forth in reasonable detail its calculation of the resulting Earn-out Out Payment (the "Earn-out Out Calculation").

Appears in 1 contract

Samples: Asset Purchase Agreement (Patriot National, Inc.)

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Procedures Applicable to Determination of the Earn-out Payments. (ai) On or before the date which is thirty (30) Within 60 days after the conclusion last day of the Measurement Period Calculation Period, (the "each such date, an “Earn-out Calculation Delivery Date"), the Buyer shall prepare and deliver to the Seller a written statement (the "in each case, an “Earn-out Calculation Statement") setting forth in reasonable detail its determination of Gross Sales for the applicable Calculation Period and its calculation of the resulting Earn-out Payment (the "in each case, an “Earn-out Calculation").

Appears in 1 contract

Samples: Stock Purchase Agreement (Edison Nation, Inc.)

Procedures Applicable to Determination of the Earn-out Payments. (a) 3.5.2.1 On or before the date which is thirty (30) days after the conclusion last day of the Measurement each Calculation Period (the "Earn-out each such date, an “Earn Out Calculation Delivery Date"), the Buyer shall prepare and deliver to the Seller a written statement (the "Earn-out in each case, an “Earn Out Calculation Statement") setting forth in reasonable detail its determination of Revenue for the applicable Calculation Period and its calculation of the resulting Earn-out Earn Out Payment (the "Earn-out in each case, an “Earn Out Calculation").

Appears in 1 contract

Samples: Asset Purchase Agreement (Synalloy Corp)

Procedures Applicable to Determination of the Earn-out Payments. (a) On or before the date which is thirty (30) days after the conclusion of each of the five respective Measurement Period (the "Earn-out Calculation Delivery Date")Periods, the Buyer shall prepare and deliver to the Seller a written statement (the "Earn-out Calculation Out Statement") setting forth in reasonable detail its calculation of the resulting Earn-out Out Payment (the "Earn-out Out Calculation").

Appears in 1 contract

Samples: Asset Purchase Agreement (Patriot National, Inc.)

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