Earnout Term definition

Earnout Term means the period commencing on the date of the closing of the IPO and ending on the earliest of (A) December 31, 2009; (B) the date of the closing of a Property Sale; and (C) the date of the closing of the Interest Sale; and (D) a Merger Event.

Earnout Term means the period beginning on the Closing Date and ending on the earlier of the (a) 10-year anniversary of the Closing Date, and (b) Disposition by the Buyer of all Purchased Alternative Assets.

Earnout Term means the period beginning on [***] and ending on the later of [***].

Examples of Earnout Term in a sentence

• If the Earnout Term shall expire on account of a Property Sale or an Interest Sale, then within 5 days thereafter, the Partnership shall convert each Earnout Unit for an amount of OP Units (rounded to the nearest OP Unit), if any, equal to the quotient obtained by dividing (x) the quotient obtained by dividing the IRR Excess by the Market Price as of the date of such Property Sale or Interest Sale; by (y) the aggregate number of Earnout Units then outstanding.

• Within [***] following the end of each calendar quarter during the Earnout Term, Buyer shall provide Brickell with a report of Net Sales by Buyer and its Affiliates and Sublicensees, each in sufficient detail to permit confirmation of the Earnout Payments due for such calendar quarter, including [***].

• During the Earnout Term, Buyer shall pay to Brickell nonrefundable, non-creditable earnout payments on Net Sales of all Products in the Territory at the incremental rates set forth below, subject to Section 2.11(b).

• If the Earnout Term shall expire on December 31, 2009, then within 30 days thereafter, the Partnership shall convert each Earnout Unit for an amount of OP Units (rounded to the nearest OP Unit), if any, equal to the quotient obtained by dividing (x) the quotient obtained by dividing the IRR Excess by the Market Price as of December 31, 2009; by (y) the aggregate number of Earnout Units then outstanding.

• If the applicable Seller Accountant’s Report, Timber Accountant’s Report or Neutral Accountant’s Report shows an underpayment of Milestone Payments of five percent (5%) or more with respect to the applicable Product for a calendar year during the applicable Earn-out Term, Timber shall reimburse the Seller for all reasonable cost and expense that the Seller incurred with respect to the applicable Seller Accountant’s Report, Timber Accountant’s Report or Neutral Accountant’s Report (as the case may be).

More Definitions of Earnout Term

Earnout Term means the period commencing upon the Closing Date and ending upon the fifteenth (15th) anniversary of the Closing Date.

Earnout Term means the period beginning with the date of the first commercial sale of an Earnout Product and ending on the third anniversary of the date of such first commercial sale.

Earnout Term means the period of time commencing on the Closing Date and ending at the close of business of Buyer on June 30, 2000.

Earnout Term means the calendar year ending December 31, 2020.

Earnout Term means the period beginning on the Closing Date and ending on the earlier of December 31, 2023 and the date of payment of the Acceleration Payment (if any).

Earnout Term means the period from the Closing Date to the end of the last Subsequent Earnout Period.

Earnout Term has the meaning set forth in Section 1.3.1.