Examples of Third Year Period in a sentence
For the avoidance of doubt, nothing in Section 6.2(e)(iii) or this Section 10.6 shall be construed to be (x) a representation by Avaya regarding its projection of subscription fees to be collected or received by Avaya or its applicable Subsidiary that are attributable to the Licensed Products in any period of time following the Third Year Period, or (y) a damage that would otherwise be subject to the cap on damages set forth in Section 10.4.
However, if the Third Year Achieved Revenue is greater than or equal to the sum of Second Year Achieved Revenue plus the product that results from multiplying Second Year Achieved Revenue by .15, but less than the Third Year Target Revenue, then the Third Earnout Payment shall calculated by multiplying the Maximum Earnout Payment for the Third Year Period by the Third Year Factor.
If the Third Year Achieved Revenue is: (i) less than the Third Year Target Revenue, and (ii) less than the Minimum Gross Margin, then the Earnout Payment for the Third Year Period shall be equal to zero.
Hibben will be elected as President and as a director of the Surviving Corporation immediately after the Closing and shall be entitled to serve in those positions from the closing through the Third Year Period.
The maximum number of Second Year Shares issuable shall be 125,000 minus the First Year Shares; and (4) if the Surviving Corporation generates Gross Revenues of at least $1,400,000 (the "Third" Year Base@) during the twelve (12) months following the Second Year Period (the "Third Year Period"), then the Shareholder shall receive .0446425 additional Parent Shares for each $1 of Gross Revenues generated above the Third Year Base during the Third Year Period (the "Third Year Shares").
Sellers are eligible for an Earnout payment in the amount of three million dollars ($3,000,000) for the Third Year Period provided the Revenue (in US dollars) for the 25-36th month period post-closing is at least fifteen million dollars ($15,000,000).
If prior to the Third Year Period, the ------------------------ Parent Shares shall be recapitalized or reclassified or Parent shall effect any stock dividend, stock split, or reverse stock split of Parent Shares, then the shares of Parent Shares to be issued as Merger Consideration under this Agreement, shall be proportionately and equitably adjusted to reflect any increase or decrease in the number of shares of Parent Shares resulting from such corporate event.
The subsequent payment corresponding to the Third Year Period (the “Third Earnout Payment”), shall be the Third Earnout Payment for the Third Year Period, provided that the Third Year Achieved Revenue and the Minimum Gross Margin is greater than or equal to the Third Year Target Revenue and the Minimum Gross Margin.
If the Surviving Corporation generates Gross Revenues of at least the Third Year Base during the twelve (12) months beginning May 1, 2003 and ending April 30, 2004 (the "Third Year Period"), then the Shareholder shall receive, on a pro rata basis, additional Parent Shares for each $1.00 of Gross Revenues generated above the Third Year Base during the Third Year Period, up to a maximum cap of 130% of the Third Year Base, and 250,000 additional Parent Shares (the "Third Year Shares").
In no event shall the total amount paid in the Third Year Period and the Fourth Year Period combined exceed $15,333,333.