Common use of Third Earnout Payment Clause in Contracts

Third Earnout Payment. (A) If the 2023 WTI Price equals or exceeds any of the WTI Thresholds, Buyer and Buyer Parent shall together pay Seller, by wire transfer of immediately available funds to a bank account designated by Seller in writing to Buyer no later than five (5) days prior to the 2023 Earnout Payment Date, no later than thirty (30) days following the applicable Determination Date (the “2023 Earnout Payment Date”), the amount set forth in Schedule 3.1(b) under the column titled “WTI Annual Earnout Amount” for the highest WTI Threshold satisfied by the 2023 WTI Price. (B) If the ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ Price equals or exceeds any of the ▇▇▇▇▇ Hub Thresholds, Buyer and Buyer Parent shall together pay Seller, by wire transfer of immediately available funds to a bank account designated by Seller in writing to Buyer no later than five (5) days prior to the 2023 Earnout Payment Date, on or before the 2023 Earnout Payment Date the amount set forth in Schedule 3.1(b) under the column titled “▇▇▇▇▇ Hub Annual Earnout Amount” for the highest ▇▇▇▇▇ Hub Threshold satisfied by the 2023 ▇▇▇▇▇ Hub Price. (C) Any amounts described in Section 3.1(b)(iii)(A) and Section 3.1(b)(iii)(B) shall be collectively referred to as the “Third Earnout Payment”.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Devon Energy Corp/De)

Third Earnout Payment. (A) If the 2023 WTI Price equals or exceeds any of the WTI Thresholds, Buyer and Buyer Parent shall together pay Seller, by wire transfer of immediately available funds to a bank account designated by Seller in writing to Buyer no later than five (5) days prior to the 2023 Earnout Payment Date, no later than thirty (30) days following the applicable Determination Date (the “2023 Earnout Payment Date”), the amount set forth in Schedule 3.1(b) under the column titled “WTI Annual Earnout Amount” for the highest WTI Threshold satisfied by the 2023 WTI Price. (B) If the ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ Price equals or exceeds any of the ▇▇▇▇▇ Hub Thresholds▇▇▇ ▇▇▇▇▇▇▇▇▇▇, Buyer and Buyer Parent shall together pay Seller, by wire transfer of immediately available funds to a bank account designated by Seller in writing to Buyer no later than five (5) days prior to the 2023 Earnout Payment Date, on or before the 2023 Earnout Payment Date the amount set forth in Schedule 3.1(b) under the column titled “▇▇▇▇▇ Hub ▇▇▇ Annual Earnout Amount” for the highest ▇▇▇▇▇ Hub Threshold ▇▇▇ ▇▇▇▇▇▇▇▇▇ satisfied by the 2023 ▇▇▇▇▇ Hub Price▇▇▇ ▇▇▇▇▇. (C) Any amounts described in Section 3.1(b)(iii)(A) and Section 3.1(b)(iii)(B) shall be collectively referred to as the “Third Earnout Payment”.

Appears in 1 contract

Sources: Purchase and Sale Agreement (BKV Corp)