Quarterly Hurdle; High Hurdle Sample Clauses

Quarterly Hurdle; High Hurdle. If at any time during the first ----------------------------- and second Contract Years, the amount of Commissions and Advertising Revenues (the "Total Revenues") generated as of such date equals or exceeds [*] the cumulative amount of payments to be made by Preview to AOL pursuant to Section 4.1 (the "Earnout Hurdle") as of such date (the "Earnout Date"), then: (a) for the quarter in which the Earnout Date occurs, Preview shall pay AOL [*] of the Commissions generated in such quarter following the Earnout Date, and (b) if the Total Revenues generated in any subsequent quarter during the first and second Contract Years equal or exceed [*] (the "Quarterly Hurdle"), Preview shall pay AOL [*] of the Commissions generated in such quarter following the date on which the Quarterly Hurdle is met. In the event that the Total Revenues generated during any quarter of the third, fourth and fifth Contract Years equal or exceed the Quarterly Hurdle, Preview shall pay AOL [*] of the Commissions generated in such quarter following the date on which the Quarterly Hurdle is met. Preview shall make all of the foregoing payments in this Section 4.2 within thirty (30) days of the end of the quarter in which the Quarterly Hurdle is met. The foregoing provisions in this Section 6.2 shall cease to apply in the event that the Total Revenues generated during the Term equals or exceeds [*] (the "High Hurdle"), in which case, Preview shall pay AOL [*] of Commissions generated during the remainder of the Term following the date on which the High Hurdle is exceeded. In such event, Preview shall make such payments within thirty (30) days of the end of each quarter, commencing with the quarter in which the High Hurdle is exceeded.
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Related to Quarterly Hurdle; High Hurdle

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • Performance Measurement The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards.

  • Measurement Period In this Agreement, unless the contrary intention appears, a reference to:

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Performance Measure Grantee will adhere to the performance measures requirements documented in

  • Performance Period This Agreement shall be performed during the period which begins Oct 01 2020 and ends Sep 30 2022. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement.

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Carry Forward to a Subsequent Year If you do not withdraw the excess contribution, you may carry forward the contribution for a subsequent tax year. To do so, you under-contribute for that tax year and carry the excess contribution amount forward to that year on your tax return. The six percent excess contribution penalty tax will be imposed on the excess amount for each year that it remains as an excess contribution at the end of the year. You must file IRS Form 5329 along with your income tax return to report and remit any additional taxes to the IRS.

  • Market Capitalization At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Shares shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

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