Earnout Measurement Period means each twenty-four (24)-month period ending on an EBITDA Measurement Date.

Earnout Measurement Period means, with respect to a market, each of the consecutive twelve-month periods beginning on the date when the Company or Buyer, as applicable, first manufactures, sells and distributes the Drug in such market, ending on the date that the Drug loses both (a) patent protection and (b) the regulatory exclusivity described in Section 1.5; provided, that in the event that the last Earnout Measurement Period ends prior to the full twelve months of such Earnout Measurement Period, any Net Sales payable for such Earnout Measurement Period shall be calculated pursuant to Section 1.5 based on the Net Sales actually received at the time immediately prior to the end of such Earnout Measurement Period and not on an annualized basis.

Examples of Earnout Measurement Period in a sentence

Not later than thirty (30) days following the end of the Earnout Measurement Period, Buyer shall prepare and deliver to Sellers in accordance with Section 8.02 under the Agreement its good faith calculation of (i) Average Market Price, (ii) whether the First Tier Earnout Payment is due and payable, and (iii) whether the Second Tier Earnout Payment is due and payable (the “Earnout Statement”).

More Definitions of Earnout Measurement Period

Earnout Measurement Period means the twelve (12) month period beginning on the second anniversary of the first calendar day of the first calendar month beginning after the Closing Date.

Earnout Measurement Period shall have the meaning set forth in the Merger Agreement.

Earnout Measurement Period means the Business Days included during the sixty (60) calendar day period ending on the date that is eighteen (18) months following the Deemed Closing Date.

Earnout Measurement Period means either of the First Earnout Measurement Period or the Second Earnout Measurement Period. “Earnout Obje ctions Statement” has the meaning set forth in S ection 1.7.

Earnout Measurement Period shall have the meaning set forth in Section 1.4(c)(ii). * Confidential treatment requested; certain information omitted and filed separately with the SEC.

Earnout Measurement Period means the period from July 1, 2000 to June 30, 2001.