Third Anniversary Payment Sample Clauses

Third Anniversary Payment. On the first business day after the third anniversary of the Closing Date, PNA shall pay or cause to be paid to Sellers an aggregate amount equal to Two Million Three Hundred Thousand Dollars ($2,300,000), such aggregate amount to be paid at the direction of Diamond by wire transfer of immediately available funds to the account set forth on Schedule 2.2 attached hereto (subject to Diamond’s right to designate one or more different accounts by written notice to PNA prior to the third anniversary of the Closing Date); provided, however, that no such payment shall be made if a Disqualifying Event has occurred on or prior to the third anniversary of the Closing Date.
AutoNDA by SimpleDocs
Third Anniversary Payment. If [**] is greater than [**], then the “Third Anniversary Payment” shall be an amount equal to (i) the lesser of (A) $45,300,000 or (B) $45,300,000 multiplied by [**] less (ii) an amount equal to the sum of (A) the First Anniversary Payment and (B) the Second Anniversary Payment, of which amount (I) ten percent (10%) in shares of CBIZ Stock valued at a price per share equal to the CBIZ Stock Price shall be issued to Sellers (the “TAP Stock Portion”), and (y) the remaining amount less (I) the amount of the MHM Third Anniversary Payment (as defined in the MHM Purchase Agreement) and (II) the amount of the Third Year Stay Bonus Pool (as defined in Section 5.3(f) hereof), shall be paid to the Sellers in cash (the “TAP Cash Portion”). If [**] is equal to or less than [**] then no Third Anniversary Payment shall be owed to the Sellers. The Third Anniversary Payment shall be paid as follows: (x) an amount equal to fifty percent (50%) of Buyer’s good faith estimate of the TAP Cash Portion shall be paid in cash via wire transfer of immediately available funds within thirty (30) days after the third anniversary of the Earnout Commencement Date to the Designated Seller Account; (y) an amount equal to the TAP Cash Portion less the amount paid to Sellers pursuant to clause (x) above shall be paid in cash via wire transfer of immediately available funds within ninety (90) days after the third anniversary of the Earnout Commencement Date to the Designated Seller Account; and (z) the TAP Stock Portion shall be issued to Sellers within ninety (90) days after the third anniversary of the Earnout Commencement Date.
Third Anniversary Payment. Provided the Company Revenue is achieved during the Third Earn Out Period, KIT shall cause to be issued and delivered promptly to the Company (or its designated successor), or as directed in writing by the Company (or its designated successor), in accordance with Section 2.11, subject to clauses (d) through (f) of this Section 2.6, a dollar value (payable in KIT Common Shares) equivalent to (X) 0.1 (the “Third Period Multiplier”) multiplied by (Y) the Company Revenue, which dollar value for the Third Earn Out Period will not exceed US$10,000,000 (the “Third Anniversary Earn Out” and, together with the First Anniversary Earn Out and Second Anniversary Earn Out, the “Earn Outs”). The number of KIT Common Shares payable in respect of the Third Anniversary Earn Out shall be determined by dividing (x) the Third Anniversary Earn Out by (y) the Weighted Average Price for the 20 trading days immediately preceding the Third Anniversary Date. If the Company Revenue is not achieved during the Third Earn Out Period, the Third Period Multiplier shall be reduced to 0.05 and references to the “Company Revenue” in this clause (b)(iii) shall instead be deemed to be references to “Earn Out Revenue.” Each of the Earn Outs will be calculated in accordance with Section 2.11, and paid after six (6) months of revenue performance. Although KIT reserves the right, at its sole discretion, to discontinue the use or development of Sezmi Technology at any time, for so long as KIT determines to continue to use or develop the Sezmi Technology, KIT agrees to use its reasonable best efforts to fund and otherwise develop the Sezmi Technology, including sales efforts in connection therewith, with the goal of facilitating the achievement of the Earn Outs.
Third Anniversary Payment. No later than the ninety- ------------------------- fifth (95th) day following the third anniversary of the Closing Date, Suburban and Purchaser, jointly and severally, shall deliver the Third Anniversary Payment, if due. The "THIRD

Related to Third Anniversary Payment

  • Anniversary Fee An anniversary fee, fully earned and non-refundable as of the Effective Date equal to Fifty Thousand Dollars ($50,000) per annum (the “Anniversary Fee”), which is due and payable on the earlier to occur of (i) each anniversary of the Effective Date, (ii) the termination of Agreement, or (iii) the occurrence of an Event of Default; provided, that no more than One Hundred Thousand Dollars ($100,000) in the aggregate shall be required to be paid as the Anniversary Fee hereunder during the term of this Agreement;

  • Lump Sum Payment Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum, an amount equal to 80% of the LA’s estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA’s obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA’s estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA’s obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.

  • Salary Payment In consideration of Executive’s timely execution and non-revocation of the Release by the Release Deadline Date, the Company shall pay Executive a severance payment equal to Executive’s Monthly Base Salary multiplied by the number of months in the Covered Termination Severance Period, less applicable withholdings. The severance payment shall be payable (except as set forth in Article 5) in a lump sum on the first regularly-scheduled payroll date occurring on or after the Release Deadline Date.

  • Anniversary Date A regular employee’s initial date of current employment with the Employer as a regular employee shall be her anniversary date for the purpose of determining benefits and for the purpose of determining increment anniversary date. (Reference Article 6.05 - Superior Benefits and Article 12.03 - Increments).

  • CONTRACT ANNIVERSARY An anniversary of the Effective Date of this Contract.

  • Date Increment Due Increments shall accrue and become due and payable on the next day following completion of required service as an employee in the class, unless otherwise provided herein.

  • Payment Due Date Unless City notifies the Contractor that a dispute exists, Payment shall be made within [Enter number of days, generally ≥ 30] calendar days, measured from (1) the delivery of goods and/or the rendering of services or (2) the date of receipt of the invoice, whichever is later. Payment is deemed to be made on the date on which City has issued a check to Contractor or, if Contractor has agreed to electronic payment, the date on which City has posted electronic payment to Contractor.

  • Lump Sum Payments The retiring allowance shall be paid in annual instalments, to a maximum of three

  • Over-Allowance Amount The amount that is equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the TI Allowance (less any portion thereof already disbursed by Landlord, or in the process of being disbursed by Landlord, on or before the Cost Proposal Delivery Date that is not otherwise included within the Cost Proposal) shall be referred to herein as the "Over-Allowance Amount." Tenant shall pay to Landlord (a) one-half (1/2) of such Over-Allowance Amount no later than ten (10) days after the Cost Proposal Delivery Date and (b) the other one-half (1/2) of such Over-Allowance Amount within ten (10) days after Landlord gives Tenant written notice that the construction of the Tenant Improvements is completed. The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any then remaining portion of the TI Allowance, and such disbursement shall be pursuant to the same procedure as the TI Allowance. In the event that after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Tenant Improvements, any additional costs which arise in connection with such revisions, changes or substitutions shall be paid by Tenant to Landlord as an addition to the Over-Allowance Amount as follows: (1) one-half (1/2) of such additional amount within five (5) days after Landlord's invoice therefor and (2) the remaining one-half (1/2) of such additional amount within five (5) days following Tenant's receipt of Landlord's written notice that the work to which the change order applies is complete. In addition, upon Landlord's determination of the actual costs incurred by or on behalf of Landlord for the TI Allowance Items, Tenant shall pay Landlord the amount, if any, by which such actual costs exceed the sum of the TI Allowance and the Over-Allowance Amount within fifteen (15) days after being billed therefor, or Landlord may, at its election, require that Tenant deposit with Landlord the full amount of such excess prior to Landlord's delivery of the Expansion Space to Tenant. No portion of the TI Allowance shall be used to pay Tenant or Tenant's agents, contractors or employees, unless and until Landlord's contractors and any other persons and entities employed by or under contract with Landlord have been paid in full.

  • Initial Payment Interconnection Customer shall elect (and provide its election to the Transmission Provider within five days of the commencement of negotiation of the GIA pursuant to Section 11.2 of the GIP) to make either 1) an initial payment equal to twenty

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!