Common use of Total Consideration Clause in Contracts

Total Consideration. Subject to terms and conditions hereof, the consideration to be paid for the Equity Interest by the Purchaser shall be an aggregate of $6 million in cash less: (i)a NAV Adjustment as set out in Section 2.02(c) and (ii) all amounts outstanding on any loan facility, including, without limitation, the HSBC loan facility (the “Tranche 1 Consideration”) and an amount to be determined in accordance with Section 2.02(d) (the “Tranche 2 Consideration”). The aggregate of the Tranche 1 Consideration and the Tranche 2 Consideration shall be the “Total Consideration”. The Tranche 1 Consideration shall be paid in a manner set out in Section 2.02(b) and the Tranche 2 Consideration shall be paid in a manner set out in Sections 2.02(c) and 2.02(d). Notwithstanding anything else contained in this Agreement, in no event shall the Total Consideration in aggregate exceed $18 million.

Appears in 3 contracts

Sources: Stock Purchase Agreement, Stock Purchase Agreement (CDC Software CORP), Stock Purchase Agreement (CDC Corp)