Third Payment definition
Examples of Third Payment in a sentence
Failure of Aviza to provide such rejection notice in the Acceptance Period shall be deemed acceptance of the Developed Software and the satisfaction by Trikon of the Third Payment Milestone.
Any Early Payments made by the NCAA or its insurers before the Third Payment is due shall be deducted from the amount due for the Third Payment.
In the event that the balance in the Settlement Account subsequently falls below two million U.S. dollars ($2,000,000.00) more than six (6) months before the Third Payment or the Fourth Payment is due, the NCAA shall deposit or cause to be deposited into the Settlement Account such amount as necessary to bring the balance to two million U.S. dollars ($2,000,000.00) within thirty (30) Days’ notice from the Program Administrator to the NCAA and its counsel that such payment is necessary (“Early Payment”).
An additional one hundred thousand dollars ($100,000.00) (the “Third Payment”) shall be paid by Aviza to Trikon within thirty (30) days of the satisfaction of the Third Payment Milestone (Acceptance of Software) in accordance with Section 2.7.
The "Conversion Price" shall mean the average closing market price per share of Common Stock for the twenty (20) trading days ending on the seventh (7th) trading day preceding the applicable Payment Date, as reported by the Wall Street Journal; provided, however, with respect to all Payment Dates other than the Third Payment Date, in no event shall the Conversion Price be less than $4.00 per share.