Subsequent Acquisition. Any future acquisition by a Party of real property or real property interests necessary for the operation and maintenance of any Unit.
Subsequent Acquisition. The Company must have acquired new ----------------------- business providing for $15,000,000 in annualized gross sales in the aggregate, with a pretax annualized profit of $500,000, within 240 days after the vote by the shareholders of the Company to approve this Agreement pursuant to the Schedule 14A to be filed with the Securities and Exchange Commission as described in Paragraph 3(e) hereof, but in no event later than March 31, 2005. For the purposes of this Agreement, the term "gross sales" shall mean all revenues from sales of the Company based upon all business conducted by the Company, whether such sales be evidenced by check, cash, credit, charge account, exchange or otherwise, and shall include, but not be limited to, the amounts received from the sale of goods, wares and merchandise, including sales of tangible property of every kind and nature, promotional or otherwise, and for services performed by the Company, together with the amount of all orders taken or received by the Company. Gross sales shall not include sales of merchandise for which cash has been refunded, provided that they shall have previously been included in gross sales. There shall be deducted from gross sales the price of merchandise returned by customers for exchange, provided that such returned merchandise shall have been previously included in gross sales, and provided that the sales price of merchandise delivered to the customer in exchange shall be included in gross sales. Gross sales shall not include the amount of any sales tax imposed by any governmental authority directly on sales and collected from customers, provided that the amount thereof is added to the selling price or absorbed therein, and actually paid by the Company to such governmental authority. Each charge or sale upon credit shall be treated as a sale for the full price in the month during which such charge or sale shall be made, irrespective of the time when the Company shall receive payment (whether full or partial) therefor. The measurement of gross sales shall be in accordance with generally accepted accounting principles as set forth in the opinions, statements and pronouncements of the Accounting Principles Board of the American Institute of Certified Public Accountants, the Financial Accounting Standards Board and such other persons who shall be approved by a significant segment of the accounting profession and concurred in by the independent public accountants certifying any financial statements o...
Subsequent Acquisition. Any future acquisition upon approval of the Executive Committee of real property or real property interests necessary for the Decommissioning of any Unit.
Subsequent Acquisition. Notwithstanding anything to the contrary contained herein except for Paragraph 10, in the event that Shareholder or any of its affiliates acquires or is acquired by another entity (in either case, whether by asset or stock purchase, merger or consolidation), which acquired or acquiring business engages in a business substantially similar to the Business within the Territory (the "Incidental Business"), the restrictions contained in Section 1 of this Agreement shall not prohibit Shareholder, U.S. Health Works Holding Company, Inc., any of their affiliates, or the acquiring entity, as the case may be, from continuing to engage in the Incidental Business, but only to the extent that the Incidental Business (i) does not constitute more than ten percent (10%) of the aggregate annual revenues of the acquired or acquiring business, (ii) does not contribute more than ten percent (10%) of the aggregate annual revenues of the Business as of the date of this Agreement, and (iii) within ten (10) days after the closing of the acquired or acquiring transaction the Incidental Business is offered for sale to Purchaser at a price determined by an independent appraiser selected by Purchaser and reasonably acceptable to Shareholder.
Subsequent Acquisition. Notwithstanding anything to the contrary contained herein except for Paragraph 10, in the event that Seller or any of its affiliates acquires or is acquired by another entity (in either case, whether by asset or stock purchase, merger or consolidation), which acquired or acquiring business engages in a business substantially similar to the Business within the Territory (the "Incidental Business"), the restrictions contained in Section 1 of this Agreement shall not prohibit Seller, Shareholder, any of their affiliates, or the acquiring entity, as the case may be, from continuing to engage in the Incidental Business, but only to the extent that the Incidental Business (i) does not constitute more than ten percent (10%) of the aggregate annual revenues of the acquired or acquiring business, (ii) does not contribute more than ten percent (10%) of the aggregate annual revenues of the Business as of the date of this Agreement, and (iii) within ten (10) days after the closing of the acquired or acquiring transaction the Incidental Business is offered for sale to Purchaser at a price determined by an independent appraiser selected by Purchaser and reasonably acceptable to Seller.
Subsequent Acquisition. In the event that the Company is substantially acquired by, merges into, or combines with a Counterparty located or doing business in the Target Markets with whom a Transaction is consummated hereunder within four (4) years after the closing date of such Transaction, the Company will pay to the Agent the full Fee on such transaction as a separate Transaction calculated in accordance with Section 2.a., notwithstanding the expiration or termination of this Agreement, provided, that the Agent shall agree to negotiate exclusively on behalf of the Company if requested to do so by the Company in its sole discretion. If the Company elects in its sole discretion to engage another advisor in connection with such acquisition, the Agent and such other advisor shall split the Fee as they mutually agree, and absent such agreement, they shall share such Fee equally. If the Agent represents another party in such acquisition, then the Agent shall waive its rights to any Fee under this Section 3.
Subsequent Acquisition. 5.1. In the event of a Subsequent Acquisition, Executive shall be entitled to the following benefits:
