Third Milestone Date definition

Third Milestone Date means the date upon which the cumulative Cash Flow received by the Company shall be equal to or greater than $25,000,000; and the term “Fourth Milestone Date” shall mean the earliest to occur of (i) the date upon which the cumulative Cash Flow received by the Company shall be equal to or greater than $50,000,000, (ii) the consummation by the Company of an Initial Public Offering (as defined below) or (iii) the sale of the Company in a merger or consolidation in which the Company is not the surviving corporation or in which the Company is the surviving corporation but becomes a wholly-owned subsidiary of another corporation, or involving the sale of substantially all of the Company’s assets.

Third Milestone Date means the date upon which the cumulative Cash Flow received by the Company shall be greater than $25,000,000; and the term “Fourth Milestone Date” shall mean the earliest to occur of (i) the date upon which the cumulative Cash Flow received by the Company shall be greater than $50,000,000, (ii) the consummation by the Company of an Initial Public Offering (as defined below) or (iii) the sale of the Company in a merger or consolidation in which the Company is not the surviving corporation or in which the Company is the surviving corporation but becomes a wholly-owned subsidiary of another corporation, or involving the sale of substantially all of the Company’s assets.

Third Milestone Date means the date that is 60 days after the Petition Date.

Examples of Third Milestone Date in a sentence

• All requests for reimbursement from the Representative Fund by Member Representative must be received, together with the appropriate receipts and supporting documentation, by Parent no later than the earlier of (i) the Third Milestone Date and (ii) the Satisfaction Date of the Third Milestone.

• Such consulting fee shall initially be $0.00, but shall increase upon the occurrence of the following events: (i) to $25,000 per 365-day period on and after the Initial Milestone Date (as defined below) and continuing until the Second Milestone Date (as defined below), (ii) to $50,000 per 365-day period on and after the Second Milestone Date and continuing until the Third Milestone Date (as defined below); and (iii) to $100,000 per 365-day period on and after the Third Milestone Date.

• SVB acknowledges that until SVB achieves the Third Milestone, SVB shall not be eligible to receive more than two-third (2/3) of the maximum aggregate Reimbursements in each Cateogry of Reimbursement, as more specifically set forth in Section 3.5.1. For clarity, if SVB fails to achieve the Third Milestone Date by the Outside Date, subject to Section 6 of this Agreement, then SVB may be declared to be in default pursuant to Section 7 of this Agreement.

• Aviza’s acceptance of the Developed Software in accordance with this Section 2.7 shall constitute the occurrence of the “Third Payment Milestone.” Trikon shall satisfy the Third Payment Milestone by the Third Milestone Date.

• For the avoidance of doubt, the Buyer shall be entitled to receive the amounts provided for in this clause 6.6 if: (a) a Covered Termination occurs before any of the First Milestone Date, the Second Milestone Date and the Third Milestone Date (collectively, the “Milestone Dates”); and (b) the requirements of clauses 6.5(a) and (b) are subsequently satisfied.

More Definitions of Third Milestone Date

Third Milestone Date set forth in Annex A to the Credit Agreement is amended and restated in its entirety as follows:

Third Milestone Date means November 30, 2010.”

Third Milestone Date means the date of the achievement of the Third Milestone.

Third Milestone Date means the earlier to occur of (i) the date upon which the cumulative Cash Flow received by the Company shall be greater than $50,000,000, (ii) the consummation by the

Third Milestone Date means November 30, 2010.” 37. Binding Effect; Successors and Assigns. The DIP Loan Documents and the provisions of this Final Order, including all findings herein, shall be binding upon all parties in interest in these Chapter 11 Cases, including, without limitation, the DIP Agent, the DIP Lenders, the Roll-Up Noteholders, the Adequate Protection Parties, any Statutory Committee, and the Debtors and each of their respective successors and assigns (including any chapter 7 or chapter 11 trustee hereinafter appointed or elected for the estate of any of the Debtors, an examiner appointed pursuant to section 1104 of the Bankruptcy Code, or any other fiduciary appointed as a legal representative of any of the Debtors or with respect to the property of the estate of any of the Debtors) and shall inure to the benefit of the DIP Agent, the DIP Lenders, the Roll-Up Noteholders and the Adequate Protection Parties, provided, however, that except to the extent expressly set forth in this Final Order with respect to the Carve-Out Expenses, the DIP Agent, the DIP Lenders, the Roll-Up Noteholders and the Adequate Protection Parties shall not have any obligation to permit the use of Cash Collateral or extend any financing to any chapter 7 trustee or similar responsible person appointed for the estate of any Debtor. In determining to make any loan (whether under the DIP Credit Agreement, a promissory note or otherwise), to permit the use of Cash Collateral or in exercising any rights or remedies as and when permitted pursuant to this Final Order or the DIP Loan Documents, the DIP Agent, the DIP Lenders, the Roll-Up Noteholders and the Adequate Protection Parties shall not (i) be deemed to be in control of the operations of the Debtors, or (ii) owe any fiduciary duty to any of the Debtors, their respective creditors, shareholders or estates.38. Effectiveness. This Final Order shall constitute findings of fact and conclusions of law and shall take effect and be fully enforceable nunc pro tunc to the Commencement Date immediately upon entry hereof. Notwithstanding Bankruptcy Rules 4001(a)(3), 6004(h), 6006(d), 7062 or 9024 or any other Bankruptcy Rule, or Rule 62(a) of the Federal Rules of Civil Procedure, this Final Order shall be immediately effective and enforceable upon its entry and there shall be no stay of execution or effectiveness of this Final Order.Dated: October 27, 2010New York, New York/s/Burton R. Lifland UNITED STATES BANKRUPTCY JUDGE EXHIBIT “A” DIP CREDIT AGR...

Third Milestone Date means September 30, 2003, as such date may be adjusted pursuant to Section 3(b) hereof. -2- 2.

Third Milestone Date means [***].