Common use of Installment Payment Premium Clause in Contracts

Installment Payment Premium. Notwithstanding Section 3.3(b), if (i) the Shareholder receives the Adjusted Installment Payment from PainCare in a Formula Period (saving 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 Surviving Corporation's Formula Period Profits exceed the Earnings Threshold in the Formula Period immediately subsequent to the Formula Period for which the Installment Payment Discount

Installment Payment Premium. Notwithstanding Section 3.3(b3.4(b), if (i) the Shareholder receives the Adjusted Installment Payment from PainCare in a Formula Period (saving 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 Surviving Corporation's ’s Formula Period Profits exceed the Earnings Threshold in the Formula Period immediately subsequent to the Formula Period for which the Installment Payment DiscountDiscount corresponded,