Cash Earnout Payment definition

Cash Earnout Payment means either (a) Five Million Dollars ($5,000,000) if the Buyer, or an Affiliate of the Buyer, completes the acquisition of an additional twenty percent (20%) of the Membership Interests in accordance with Section 6.13 of this Agreement, or (b) Three Million Three Hundred and Thirty Three Thousand Three Hundred and Thirty Five Dollars ($3,333,335) if the Buyer, or an Affiliate of the Buyer, does not complete the acquisition of an additional twenty percent (20%) of the Membership Interests in accordance with Section 6.13 of this Agreement, in each case, such amount subject to any offset as set forth in this Agreement.
Cash Earnout Payment has the meaning set forth in Section 2.15(a).
Cash Earnout Payment means Five Million Dollars ($5,000,000).

Examples of Cash Earnout Payment in a sentence

  • Parent shall have the right to offset the amount owed by the Sellers’ pursuant to this Section 10.3 for one-half of any Transfer Taxes against any amounts owed to the Sellers pursuant to this Agreement, including any portion of the Total Closing Merger Consideration, any Other Seller Payments and any Earnout Shares (or Cash Earnout Payment).

  • Within five (5) days after the 2005 Audit Completion Date, Buyer shall prepare a statement (the “Earnout Statement”), which statement shall contain the amount of the Cash Earnout Payment and the Stock Earnout Payment, setting forth in reasonable detail the numbers and calculations used to determine such amounts.

  • If any one (1) Qualified Product has been launched in each of the first four Qualified Quarters following the Closing, then the Parent shall pay to the Exchange Agent, for payment to the Participating Stockholders and the Founder, the Year 1 Cash Earnout Payment, subject to the set-off rights of Parent under Section 10.03, within five (5) Business Days after the number of Qualified Products launched has been finally determined in accordance with the procedures set forth in this Section 2.12.

  • If Capital Partners has aggregate Losses and/or Unapproved Liabilities which exceed $25,000, then HPI shall be permitted to apply and offset, dollar-for-dollar, the amount of such aggregate Losses and/or Unapproved Liabilities against the Cash Earnout Payment or the Stock Earnout Payment, in each case on a pro rata basis.

  • In the event that Parent is not required to make the Year 2 Cash Earnout Payment, as finally determined pursuant to Section 2.12, the right to receive such shares shall be forfeited as of the date of such determination.


More Definitions of Cash Earnout Payment

Cash Earnout Payment has the meaning set forth in Section 8.5(c).

Related to Cash Earnout Payment

  • Earnout Payment has the meaning set forth in Section 2.3(b).

  • Earnout Payments has the meaning set forth in Section 2.2(a).

  • Earn-Out Payment has the meaning set forth in Section 2.07(a)(i).

  • Earnout Amount has the meaning provided in Section 2.9(b).

  • Earn-Out Payments has the meaning set forth in Section 2.3(a).

  • Closing Cash Payment has the meaning set forth in Section 2.06(a).

  • Cash Payment has the meaning set forth in Section 2.02(a).

  • Earn-Out Amount has the meaning set forth in Section 2.07(a).

  • Cash Amount means an amount of cash equal to the product of (i) the Value of a REIT Share and (ii) the REIT Shares Amount determined as of the applicable Valuation Date.

  • Earnout has the meaning set forth in Section 2.9(a).

  • CVR Payment Amount means with respect to each CVR Payment and each Holder, an amount equal to such CVR Payment divided by the total number of CVRs and then multiplied by the total number of CVRs held by such Holder as reflected on the CVR Register.

  • Closing Payment Amount has the meaning specified in Section 1.5.

  • Net Cash Payments means, with respect to any Disposition, the aggregate amount of all cash payments received by the Company and its Restricted Subsidiaries directly or indirectly in connection with such Disposition, whether at the time of such Disposition or after such Disposition under deferred payment arrangements or Investments entered into or received in connection with such Disposition (including, without limitation, Disposition Investments); provided that:

  • Closing Cash Amount shall have the meaning set forth in Section 2.8(b).

  • Earnout Consideration has the meaning specified in Section 2.05(a).

  • Cash Exchange Payment means an amount in cash equal to the product of (i) the number of shares of Class A Common Stock into which the surrendered Paired Interests are exchangeable and (ii) the VWAP of the Class A Common Stock for the five consecutive full Trading Days immediately prior to the date of delivery of the relevant Notice of Exchange.

  • Excess Cash Amount means, as of any Excess Cash Measurement Date, (a) the total amount of Unrestricted Cash, less (b) the sum of (i) the applicable Minimum Cash Threshold hereto corresponding to such Excess Cash Measurement Date, (ii) the total amount of scheduled payments due by OEC and its Subsidiaries, taken as a whole, under (x) the New Notes and (y) any other Permitted Indebtedness in each case in the subsequent twelve (12) month period, (iii) projected expenses for the Issuer to conduct its operations during the subsequent twelve (12) month period, including any foreign currency conversion expenses and (iv) for any Excess Cash Measurement Date through (and including) December 31, 2024, any Fines due by OEC and its Subsidiaries for the subsequent twelve (12) month period; less (c) an amount equal to the Required Gross-Up; provided that any items already deducted from cash and short-term investments of OEC and its Subsidiaries for purposes of determining Unrestricted Cash shall not be deducted again for purposes of determining the Excess Cash Amount.

  • Delta Payment means as it is described in this Agreement.

  • Cash Election Amount means the product of the number of Cash Election Shares multiplied by the Cash Election Consideration.

  • Tax Distribution Amount means, with respect to a Member’s Units, whichever of the following applies with respect to the applicable Tax Distribution, in each case in amount not less than zero:

  • Payment Amount as defined in Section 3.5.

  • Earn-Out Consideration has the meaning set forth in Section 2.08(a)(i).

  • Required Payment Amount shall have, for any Distribution Date, the meaning specified for such Distribution Date in Section 4.6(a) of the Sale and Servicing Agreement.

  • Post-Closing Adjustment Amount has the meaning set forth in Section 1.9.3.

  • Closing Cash Consideration has the meaning set forth in Section 2.6(b).

  • Minimum Cash Amount shall have the meaning set forth in Section 6.2(iv).