Common use of Installment Payment Premium Clause in Contracts

Installment Payment Premium. Notwithstanding Section 3.3(b), if (i) the Seller receives the Adjusted Installment Payment from Buyer in any Formula Period (including the last Formula Period) rather than the Intended Installment Payment as a result of the Formula Period Profits equaling less than the Earnings Threshold for such Formula Period, and (ii) the Subsidiary’s Formula Period Profits exceed the Earnings Threshold in the Formula Period immediately subsequent to the Formula Period (or, with respect to the last Formula Period if there is an Adjusted Installment Payment, the twelve (12) month period immediately following the last Formula Period) for which the Installment Payment Discount corresponded, then Buyer shall pay to the Seller the Installment Payment Premium (as defined below). The “Installment Payment Premium” shall equal the product of (A) the Formula Period Profits for the Formula Period (or, the twelve (12) month period immediately following the last Formula Period, as the case may be) in which the Installment Payment Premium is calculated minus the Earnings Threshold, multiplied by (B) Seventy-five percent (75%). The Installment Payment Premium shall be paid to the Seller in the same percentages, form and time as the Installment Payments (as defined in Subsection 3.3(d) below) are due for the Formula Period for which the Installment Payment Premium is calculated.

Installment Payment Premium. Notwithstanding Section 3.3(b3.4(b), if (i) the Seller receives Shareholders receive the Adjusted Installment Payment from Buyer PainCare in any a Formula Period (including the last Formula Period) rather than the Intended Installment Payment as a result of the Formula Period Profits equaling less than the Earnings Threshold for such Formula Period, and (ii) the Subsidiary’s Formula Period Profits exceed the Earnings Threshold in the Formula Period immediately subsequent to the Formula Period (or, with respect to the last Formula Period if there is an Adjusted Installment Payment, the twelve (12) month period immediately following the last Formula Period) for which the Installment Payment Discount correspondedcorresponded (or, in the case of the last Formula Period the immediately succeeding twelve (12) month calendar period following the last Formula Period [the, “Additional Formula Period”]), then Buyer PainCare shall pay to the Seller Shareholders the Installment Payment Premium (as defined below). The “Installment Payment Premium” shall equal the product of (A) the Formula Period Profits for the Formula Period (or, the twelve (12) month period immediately following the last Formula Period, as the case may be) in which the Installment Payment Premium is calculated minus less the Earnings Threshold, multiplied by (B) Seventy-five ninety percent (7590%). The Installment Payment Premium shall be paid to the Seller Shareholders in the same percentages, form and time as the Installment Payments (as defined in Subsection 3.3(d(d) below) are due for the Formula Period for which the Installment Payment Premium is calculated.

Installment Payment Premium. Notwithstanding Section 3.3(b3.4(b), if (i) the Seller Shareholder receives the Adjusted Installment Payment from Buyer PainCare in any a Formula Period (including the last Formula Period) rather than the Intended Installment Payment as a result of the Formula Period Profits equaling less than the Earnings Threshold for such Formula Period, and (ii) the Subsidiary’s 's Formula Period Profits exceed the Earnings Threshold in the Formula Period immediately subsequent to the Formula Period for which the Installment Payment Discount corresponded (or, with respect to the last Formula Period if there is an Adjusted Installment Payment, or the twelve (12) month calendar period immediately following the last third and final Formula Period solely with respect to the third and final Formula Period) for which the Installment Payment Discount corresponded), then Buyer PainCare shall pay to the Seller Shareholder the Installment Payment Premium (as defined below). The “"Installment Payment Premium” " shall equal the product of (A) the Formula Period Profits for the Formula Period (or, the twelve (12) month period immediately following the last Formula Period, as the case may be) in which the Installment Payment Premium is calculated minus less the Earnings Threshold, multiplied by (B) Seventy-five percent (75%). The Installment Payment Premium shall be paid to the Seller Shareholder in the same percentages, form and time as the Installment Payments (as defined in Subsection 3.3(d(d) below) are due for the Formula Period for which the Installment Payment Premium is calculated.

Installment Payment Premium. Notwithstanding Section 3.3(b3.4(b), if (i) the Seller receives the Shareholders receive an Adjusted Installment Payment from Buyer PainCare in any a Formula Period (including the last Formula Period) rather than the Intended Installment Payment as a result of the Formula Period Profits of the Provider Network and the Subsidiary equaling less than the Earnings Threshold for such Formula Period, and (ii) the Subsidiary’s Formula Period Profits of the Provider Network and the Subsidiary exceed the Earnings Threshold in the any subsequent Formula Period or for the annual period immediately subsequent to the Formula Period (or, with respect to the last Formula Period if there is an Adjusted Installment Payment, the twelve (12) month period immediately following the last Formula Period, and (iii) for which the Installment Payment Discount correspondedConditions are satisfied, then Buyer PainCare shall pay to the Seller Shareholders the Installment Payment Premium (as defined below). The “Installment Payment Premium” shall equal the product of (A) the Formula Period Profits for the Formula Period (or, the twelve (12) month period immediately following the last Formula Period, as the case may be) in which the Installment Payment Premium is calculated minus less the Earnings Threshold, multiplied by (B) Seventyseventy-five percent (75%), but in no event shall the Installment Payment Premium ever exceed the difference between the Installment Payment minus the Adjusted Installment Payment. The Installment Payment Premium shall be paid to the Seller Shareholders in the same percentages, form and time as the Installment Payments (as defined in Subsection 3.3(d) below) are Payment is due for the Formula Period for which the Installment Payment Premium is calculated.