Contingent Amounts Sample Clauses
The "Contingent Amounts" clause defines how payments or obligations that depend on the occurrence of certain events are handled within an agreement. It typically outlines the specific conditions or triggers—such as achieving a sales milestone, regulatory approval, or the occurrence of a particular event—that must be met before a party is required to pay or perform. This clause ensures that parties are only obligated to fulfill certain financial or contractual duties if and when the specified contingencies arise, thereby allocating risk and clarifying when and how such obligations become enforceable.
Contingent Amounts. If at the time of distribution of any money under clause 13.1, any part of the Secured Money is contingently owing to the Lender, the Lender or any Receiver may retain any surplus money until the amount of the Secured Money which is contingently due has been finally determined.
Contingent Amounts. If at any time an amount Is contingently due from the Borrower or an amount due is not quantified, Westpac NZ may retain end withhold repayment of any money in any account of the Borrower and the payment of interest of other moneys pending that amount becoming due and/or being quantified and may set off the maximum liability which may at any time be or become owing to Westpac NZ by the Borrower and in each case without prior notice of demand.
Contingent Amounts. Each Guarantor acknowledges that the Secured Money may include an amount which is contingently owing or which may become owing in the future and that, so long as the Financier is entitled to make demand on each Guarantor (without being obliged to make that demand), each Guarantor must pay to the Financier an amount equal to any contingent or future amount included in the Secured Money notwithstanding that that amount may not have fallen due as at the date of that demand.
Contingent Amounts. (a) On or before the times hereinafter set forth, the Purchaser shall pay to the Sellers the additional cash amounts hereinafter described (the "Contingent Amounts"):
(i) An amount equal to the sum of (A) $37,083 for each full $10,000 of 1998 Adjusted EBITDA between $2,600,000 and $2,900,000 and (B) 55.63% of the 1998 Adjusted EBITDA between $2,900,000 and $3,100,000; plus
(ii) An amount equal to the sum of (A) $22,250 for each full $10,000 of 1999 Adjusted EBITDA between $3,200,000 and $3,700,000 and (B) 55.63% of 1999 Adjusted EBITDA between $3,700,000 and $4,300,000; plus
(iii) An amount equal to the sum of (A) $11,125 for each full $10,000 of 2000 Adjusted EBITDA between $3,800,000 and $4,800,000 and (B) 55.63% of 2000 Adjusted EBITDA between $4,800,000 and $6,000,000.
Contingent Amounts. If at any time an amount is contingently due to the Bank or an amount due is not quantified, the Bank may retain and withhold repayment of any such credit balance and the payment of interest or other moneys pending that amount becoming due or being quantified and may set off the maximum liability which may at any time be or become owing to the Bank by the Mortgagor and in each case without prior notice or demand.
Contingent Amounts. For the purpose of this section, the parties acknowledge that the Budget contains an operating budget for a single New Office and for all three New Offices and a capital budget for the single New Office and for all three New Offices. The parties understand and agree that the Purchaser hereby approves and authorizes the capital expenditures identified in the capital budget for each single New Office and for the three New Offices and the operating expenditures contained in the operating budget for each single New Office and the three New Offices. Therefore, the parties agree that any of the New Offices may be opened and Purchaser shall cause the appropriate Subject Company to expend the funds in accordance with the capital budget and operating budget identified within the Budget and that the Excess Deficit, if any, shall be determined by comparing the actual operating deficit incurred (computed in the same manner identified in the Budget) to the sum of $178,500. The parties acknowledge that the Excess Deficit adjustment shall not apply to the payment of the $324,000 identified in subsection 2.2(b) (i) above. Further, the parties agree that if the Excess Deficit is eliminated and subsequently reduced below $178,500, such Excess Deficit reversal shall be paid to Sellers in a manner consistent with the payment of Contingent Amounts pursuant to this section to the extent of earlier reductions for Excess Deficits. In addition, if one or more, but less than all, of the Contingent Amount Payment Events occur on or before the first anniversary of the Closing Date, the Purchaser shall pay to the Sellers a prorata portion of the Contingent Amount that would have been paid if the next Contingent Amount Payment Event had occurred. The prorata amount shall be a fraction of the Contingent Amount, the numerator of which is the excess of the aggregate average Gross Margin for the highest 4-week period over the aggregate average Gross Margin for the last occurred Contingent Amount Payment Event and the denominator of which is the Gross Margin difference between the last occurred Contingent Amount Payment Event and the next following Contingent Amount Payment Event. (For purposes of illustration, if the aggregate average Gross Margin for the highest 4-week period is more than $32,000 and less than $35,000, the Sellers will be entitled to a prorata portion of the $200,000 Contingent Amount for the $35,000 Gross Margin payment event, the numerator of which would be the Gross Ma...
Contingent Amounts. Schedule 2.4.2(a)(i) Cash Amount at Closing Schedule 2.4.2(a)(ii) Stock Consideration Schedule 2.4.2(a)(iii) Allocable Percentage Schedule 3.2 Related Party Agreements Schedule 4.2(b)(i)(A) Resigning persons Schedule 4.2(b)(i)(B) Resignation letter Schedule 4.2(f) Confirmatory Transfer Agreement Schedule 6.1 Fundamental Warranties and Infringement Warranty Schedule 6.2 Business Warranties Schedule 7 Purchaser Warranties
Contingent Amounts. The Committee shall have the authority to provide that any escrow, holdback, earn-out or similar provisions in the definitive agreement effecting the Change of Control shall apply to any cash payment made pursuant to Section 16.3 to the same extent and in the same manner as such provisions apply to a holder of Shares.
Contingent Amounts. (a) On or before the times hereinafter set forth, the Purchaser shall pay to the Sellers the additional cash amounts hereinafter described (the "Contingent Amounts"):
(i) An amount equal to six (6) multiplied by the excess of (A) the Adjusted EBIT of the Subject Company for the calendar year 1998 (the "1998 Adjusted EBIT") over (B) the 1997 Base; plus
(ii) An amount equal to six (6) multiplied by the excess of (A) the Adjusted EBIT of the Subject Company for the calendar year 1999 (the "1999 Adjusted EBIT") over (B) the greater of [i] the 1997 Base or [ii] the 1998 Adjusted EBIT; plus
(iii) An amount equal to six (6) multiplied by the excess of (A) the Adjusted EBIT of the Subject Company for the calendar year 2000 (the "2000 Adjusted EBIT") over (B) the greater of [i] the 1997 Base or [ii] the 1998 Adjusted EBIT or [iii] the 1999 Adjusted EBIT; provided, however, that the aggregate of the Contingent Amounts shall not exceed Six Million Dollars ($6,000,000).
Contingent Amounts. Subject to Section 2.13: