Third Payment Date definition
Examples of Third Payment Date in a sentence
An additional third purchase price (the Third Purchase Price), if any, shall amount up to USD 5 (five) million and shall be paid at the Third Payment Date in accordance with the calculation principles, the allocation schedule and the payment terms and conditions outlined in EXHIBIT 2.3. The Parties explicitly agree and confirm that the claim for the Third Purchase Price shall become existent (entstehen) not prior to the Third Payment Date.
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.
If a Shareholders’ Agents Fees Notice has been received by Parent in accordance with the preceding sentence, on the Third Payment Date or Fourth Payment Date, as applicable, Parent shall pay to the Shareholders’ Agents, in cash, the amount specified in such Shareholders’ Agents Fees Notice (which amount would otherwise be payable to the Holders pursuant to Section 2.5(a)(iii)(B) or 2.5(a)(iv)(B), as applicable) by wire transfer to an account number provided to Parent by the Shareholders’ Agents.
Any certificate representing shares of Parent Common Stock issuable on the Third Payment Date shall be delivered to the former Optionholders and former Warrantholder as promptly as practicable following the determination of the Earnout Amount in accordance with Article 3, subject to Article 11.
DYN shall use the proceeds from such sale or project financing, less related fees and expenses, to satisfy its obligations under Section 2.19.2. Notwithstanding the foregoing, if DYN does not enter into a definitive agreement relating to the sale of ICC on or prior to the Third Payment Date, DYN shall use its commercially reasonable efforts to pursue a project financing of ICC and shall use the proceeds of such project financing, less related fees and expenses, to fund the Purchase Price.