Upside Clause Samples
The "Upside" clause defines the allocation of potential financial gains or benefits that may arise from a transaction or agreement. In practice, this clause specifies how any profits, bonuses, or value increases—such as proceeds from a sale, performance incentives, or equity appreciation—are to be distributed among the parties involved. By clearly outlining who is entitled to share in the upside and under what conditions, the clause ensures transparency and helps prevent disputes over unexpected gains.
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Upside. This is the difference between the most accurate estimate, as calculated by ▇▇▇▇▇, and the consensus estimate. For example, a stock with a consensus estimate of $1.00, and a most accurate estimate of $1.05 will have an upside factor of 5%. This is not an indication of how much a stock will go up or down. Instead, it's a measure of the difference between these two estimates. This is particularly useful near earnings season as a positive upside percentage can be used to help predict a future surprise.
Upside. EMC and SUPPLIER shall mutually agree on upside quantities and reasonable buffer stock amounts to be available for delivery to EMC at the end of each calendar quarter as part of the forecasting process. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.