Third Payment. Payment of the amount corresponding to [30%] of the total net order value shall become due 30 days after receipt of Final invoice by MBMPL. The precondition for making Third payment is Acceptance. No payment will be made until this condition is met.
Third Payment. Within ten calendar days after the Annual Determination for calendar year 2002 and any adjustments thereto have become binding on the parties as herein provided, if the 2002 PBT is greater than $10.0 million, a third payment of $2.5 million ("IP-3").
Third Payment. A salary increase of 3% effective from the commencement of the first full pay period on or after 1 July 2015.
Third Payment. Payment of the amount corresponding to [30%] of the total net order value plus VAT shall become due 30 days after receipt of Final invoice by Customer. The precondition for making Third payment is Acceptance. No payment will be made until this condition is met.
Third Payment. An additional one hundred thousand dollars ($100,000.00) (the “Third Payment”) shall be paid by Aviza to Trikon within thirty (30) days of the satisfaction of the Third Payment Milestone (Acceptance of Software) in accordance with Section 2.7.
Third Payment. The third payment shall be distributed in the following priority:
(i) Claims Facility administrative costs,
(ii) Class Counsel fees,
(iii) Approved Raw Materials Claims, and
(iv) subject to Paragraph 1.8, below, Approved Current Claims.
Third Payment. (i) During Buyer's fiscal year 2005 fourth quarter Buyer and Muscats will meet to develop the projected business plan for the Business for the 2006 fiscal year (October 1, 2005 through September 30, 2006), including projected Net Sales for the 2006 fiscal year (the "2006 Net Sales Projection"). In the event Buyer and Muscats cannot agree by November 1, 2005 on the 2006 projected Net Sales, the 2006 Net Sales Projection will be deemed for purposes of this Agreement to be equal to the actual Net Sales of the Business for the period October 1, 2004 through September 30, 2005.
(ii) If the Business achieved a Net Profit of at least $1,000,000 for the period October 1, 2004 through September 30, 2005 (the "2005 Target Net Profits"), on December 15, 2005, Buyer will wire transfer to Seller an amount equal to ten percent (10%) of the 2006 Net Sales Projection (the "2005 Payment"). If the Business achieves a Net Profit of more than $500,000 but less than $1,000,000 for the period October 1, 2004 through September 30, 2005, the 2005 Payment shall be reduced by a percentage equal to the difference between the 2005 Target Net Profits and the actual Net Profits for the period October 1, 2004 through September 30, 2005 divided by the 2005 Target Net Profits, and if the Business does not achieve a Net Profit for the period October 1, 2004 through September 30, 2005 of more than $500,000, then no payment shall be made to Seller pursuant to this Section 3.2(c)(ii).
Third Payment. Subject to Section 4.11, Pyxis shall pay to LCB an additional payment to reimburse LCB’s CMC/manufacturing costs, in an amount equal to LCB’s costs of goods and invoiced CMO charges, estimated to be [***] ***]. Any increased number of Batches or changes to or additional tests for the manufacturing runs will be as agreed by the Parties and shall be provided to Pyxis at a price to be agreed with LCB.
Third Payment. The Company will provide notice and evidence reasonably satisfactory to the Locality, the Authority, and VEDP that it has [received a Certificate of Occupancy for the Facility][made additional Capital Investments of at least $ (for an aggregate of $ of Capital Investments)] [created and Maintained at least an additional New Jobs (for an aggregate of New Jobs)] [and, ]. Such evidence will be subject to verification by the Locality and VEDP. Within 30 days of the verification, the Locality will disburse the remaining $ of the COF Grant proceeds to the Authority. Within 30 days of its receipt of such COF Grant proceeds, the Authority will disburse such COF Grant proceeds to the Company. If any COF Grant proceeds have not been disbursed to the Company within 90 days after the [Initial] Performance Date, the Locality shall return such proceeds to VEDP for redeposit to the Commonwealth’s Development Opportunity Fund.
Third Payment. Triangle shall, on or before April 15, 2000, deliver 400,000 shares of Triangle Common Stock (the "Third Payment") to the Escrow Agent of which that number of shares to be reserved for the benefit of the holders of Assumed Options and the holders of Assumed Warrants (the "Reserved Payment") shall be held by the Escrow Agent, and the remainder shall be transferred promptly to the Exchange Agent for distribution to each of the Former Avid Stockholders in proportion to the aggregate number of shares of Parent Common Stock which such holder would otherwise be entitled to receive from the aggregate of the First Payment, the Second Payment and the Third Payment pursuant to Section 1.7 of the Agreement by virtue of such holder's ownership of outstanding shares of Company Capital Stock immediately prior to the Effective Time, assuming for the purposes of such allocation that the holders of all Assumed Options and the holders of all Assumed Warrants were the holders of the number of shares of the Company Common Stock that would have been issued had all of the Assumed Options and all of the Assumed Warrants been exercised in full immediately prior to the Effective Time (assuming that the exercise price was paid in cash). No later than seventy-five (75) days after delivery to the Escrow Agent of an Agent Certificate, in form acceptable to Triangle, pursuant to Section
