Second Contingent Payment. The Second Contingent Payment, if any, shall be calculated based upon the number of New Debris Removal Claims, as follows:
Second Contingent Payment. 1.12(b) Securities Act.........................................................1.6(h) Shareholders' Agent....................................................8.8(a) Solicitation Statement.................................................5.1(a) Stock Election......................................................1.6(a)(2) Stock Election Number...............................................1.6(a)(2) Stock Election Share................................................1.6(a)(2) Stock Exchange Ratio..............................................1.6(a)(iii) Stock Merger Consideration.........................................1.6(a)(ii) Subsidiary.............................................................9.2(f) Surviving Corporation.....................................................1.1 Tax(es)............................................................2.16(a)(i) Tax Returns.......................................................2.16(a)(ii) Third Party Intellectual Property.....................................2.10(c) Trademarks........................................................2.10(a)(iv) U.S. Person............................................................6.2(h) Voting Agreement.....................................................
Second Contingent Payment. (a) Subject to Section 1.03(e) hereof, in the event any good faith claims are outstanding pursuant to Article X on the date the Contingent Payment is to be made pursuant to Section 1.03 hereto, and such claims are subsequently resolved, the Buyer shall make a second contingent payment (such payment, the "Second Contingent Payment"), which shall be equal to the difference of (i) the aggregate dollar value of any of the claims by the Buyer Indemnitees that had not been fully resolved to satisfaction pursuant to Section 10.02 on the date the Contingent Payment was made minus (ii) the sum of all indemnification claims pursuant to Article X that had been resolved since the date the Contingent Payment was made.
Second Contingent Payment. (i) If the Management Fee Revenue determined as provided herein in respect of calendar year 2010 is at least equal to $160,000,000, Seller shall be Table of Contents entitled to receive a payment (the “Second Contingent Payment”) determined in accordance with the provisions of this Section 2.9(b) as follows:
Second Contingent Payment. 2.03(a)(ii) Section 9.02 Liabilities............................ 10.02(a)(xxxiv) Securities Act...................................... 3.07 Series G Warrant(s).................................
Second Contingent Payment. Subject to clauses (i) and (j) below, within five business days after the Annual Determination for calendar year 2011 and any adjustments thereto shall have become binding on the parties in accordance with the Kxxxx XX Agreement, the Purchaser shall pay to Kenna Holdco the Second Contingent Payment ("SAP"), calculated as follows: SAP = Applicable Percentage x 36% x 2011 PBT ; provided, however, in the event that 2011 PBT were less than $4,000,000, then SAP shall equal (A) the excess, if any, of (i) 2011 PBT over (ii) $2,400,000, multiplied by (B) 90%, multiplied by (C) the Applicable Percentage.
Second Contingent Payment. Purchaser shall pay to Sellers an amount equal to One Hundred Thirty-Five Percent (135%) of the 1999 Excess Operating Income (the "Second Contingent Payment").
Second Contingent Payment. The Second Contingent Payment, if any, shall be paid by Purchaser to Sellers within 120 days after December 31, 1999.
Second Contingent Payment. For a period of ten (10) years from the date the Purchaser, its affiliates, representatives, agents, successors or assigns (collectively "Purchaser Affiliates") makes its first commercial sale of a Product (the "Second Contingent Payment Period"), the Purchaser shall make a contingent payment to the Company in an amount equal to four percent (4%) of Net Product Revenue (the "Second Contingent Payment"), payable in cash by check or wire transfer, in accordance with Section 1.6.
Second Contingent Payment. The Second Contingent Payment is an amount equal to the result obtained by multiplying (1) the amount, if any, by which the Revenue of the Company for the period from the June 1, 2002 through May 31, 2003 exceeds $7,500,000 by (2) 0.5. The Second Contingent Payment is to be paid in a lump sum promptly after the amount of Second Contingent Payment is determined in accordance with section 5.5, and in no event later than 60 days after May 31, 2003.
