Second Earnout Payment definition

Second Earnout Payment has the meaning set forth in Section 3.1(b)(ii)(C).
Sample 1Sample 2
Second Earnout Payment shall have the meaning set forth in Section 2(f)(ii).
Sample 1Sample 2
Second Earnout Payment is defined in Section 1.4(a).
Sample 1

Examples of Second Earnout Payment in a sentence

  • If the Second Year Achieved Revenue is less than the sum of First Year Achieved Revenue plus the product that results from multiplying First Year Achieved Revenue by .20, then the Second Earnout Payment shall be equal to zero.

  • The date of the Second Earnout Payment, if any, shall not be later than December 15, 2000, or within ten (10) days after any dispute under Section 3.7 is finally resolved, whichever is later.

  • However, if the Second Year Achieved Revenue is greater than or equal to the sum of First Year Achieved Revenue plus the product that results from multiplying First Year Achieved Revenue by .20, but less than the Second Year Target Revenue, then the Second Earnout Payment shall calculated by multiplying the Maximum Earnout Payment for the Second Year Period by the Second Year Factor.

  • The date upon which the Second Earnout Payment is required to be delivered by ADS to the Stockholders shall be referred to herein as the "Second Earnout Date".

  • The Second Earnout Payment shall be in the form of cash and/or ADS Stock, the proportional amount to be determined by ADS, having a value of 4.0 times the EBITDA for the Second Earnout Period, minus $450,000 (the "Second Earnout Amount").

  • In the event that Stockholders’ Agent does not elect to accelerate the Second Earnout Payment, such Second Earnout Payment shall be calculated and paid in accordance with Section 4.7(b).

  • In no event shall the First Earnout Payment and the Accelerated Second Earnout Payment exceed $3,000,000 in the aggregate.

  • The amount of the First Earnout Payment would be $1,600,000, the amount of the Second Earnout Payment would be $1,280,000 and the amount of the Third Earnout Payment would be zero .

  • In the event that the Accelerated Second Earnout Gross Margin is greater than the Target Gross Margin (the “Accelerated Second Earnout Payment”), the Stockholders’ Agent shall have the right, exercisable in her sole discretion, to accelerate payment of the Second Earnout Payment by delivering to Parent, within ten (10) business days following receipt by the Stockholders’ Agent from Parent of the Accelerated Second Earnout Statement, of written notice of her election to so accelerate such payment.

  • By late November, the rating agencies had cut Enron's debt rating to "junk" status and Enron's stock collapsed to $0.28 per share.


More Definitions of Second Earnout Payment

Second Earnout Payment means additional consideration in an amount equal to the lesser of (i) $******, minus the aggregate amount (if any) paid to Seller in respect of the ******, and (ii) the amount by which Purchaser’s *******after deduction of the aggregate amount (if any) paid to Seller during such period in respect of ******. The Second Earnout Payment shall be payable in cash and Common Stock, as follows: (i) cash in an amount equal to ******; and (ii) a number of shares of Common Stock equal to (x) ***** of the total dollar value of the *****, divided by (y) the then applicable Average Price.
Sample 1
Second Earnout Payment has the meaning set forth in Section 2.06(d). “Selected Employees” means those Business Employees identified on Schedule 3.13(a). “Seller” has the meaning set forth in the Preamble. “Seller Group Members” means Seller and any Affiliates thereof, and their respective successors and assigns. “Seller Intellectual Property Assignment” has the meaning set forth in Section 10.07.
Sample 1
Second Earnout Payment means additional consideration in an amount equal to the lesser of (i) $******, minus the aggregate amount (if any) paid to Seller in respect of the ******, and (ii) the amount by which Purchaser’s *******after deduction of the aggregate amount (if any) paid to Seller during
Sample 1
Second Earnout Payment. See Section 4.7(b) hereof.
Sample 1
Second Earnout Payment means (i) the Maximum Earnout Payment MINUS (ii) the sum of (a) the applicable Class B Earnout Payment Deduction PLUS (b) the applicable Class C Earnout Payment Deduction.
Sample 1
Second Earnout Payment means (i) a number of shares of Parent Common Stock equal to $1.75 million divided by the Trading Price plus (ii) an amount of cash equal to $1.75 million.
Sample 1

Related to Second Earnout Payment

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

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

  • Earnout Payments has the meaning set forth in Section 2.06(a).

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

  • Earnout Amount has the meaning set forth in Section 2.7(a).

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

  • Interim Payment has the meaning specified in Section 10.1.

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

  • AHYDO Catch-Up Payment means any payment on any Indebtedness that would be necessary to avoid such Indebtedness being characterized as an “applicable high yield discount obligation” under Section 163(i) of the Code.

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

  • Payout Amount means the vested portion of the Final Amount expressed as an amount of cash equal to the Fair Market Value of the shares of Stock underlying the RSUs and related Dividend Equivalents.

  • Payment Cap For each Mortgage Loan, the percentage limit set forth in the related Mortgage Note concerning the maximum permitted increase in a monthly payment.

  • PAGA Payment means the penalties pursuant to PAGA that the Parties have agreed is a

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

  • Deferred Sales Charge Payment Date means October 10, 2013 and the tenth day of each month thereafter through February 10, 2014.

  • Upfront Payment has the meaning set forth in Section 4.1.

  • Deferred payment agreement means an agreement in which no installment payments are required

  • Closing Payment Amount will have the meaning set forth in Section 1.3(a).

  • Earnout Consideration has the meaning set forth in Section 2.8.

  • Deferred Sales Charge Payment Dates means the dates specified for deferred sales fee installments under "Investment Summary--Fees and Expenses" in the Prospectus for the Trust.

  • 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.

  • Deferred Payment means any severance pay or benefits to be paid or provided to Executive (or Executive’s estate or beneficiaries) pursuant to this Agreement and any other severance payments or separation benefits, that in each case, when considered together, are considered deferred compensation under Section 409A.

  • Payment Amount has the meaning specified in Section 6.1.

  • 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.

  • True-Up Amount means the difference between the ABO calculated by using the member’s actual creditable service and the actual final average compensation as of the member’s effective date in the FRS Investment Plan and the ABO initially transferred.

  • 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: