Examples of Contingent Payment Year in a sentence
In the event that Seller does not deliver a Dispute Notice during the Dispute Period, the Sales/Profit Contingent Payment Amount set forth on such Contingent Payment Certificate shall irrevocably be deemed to be the final Sales/Profit Contingent Payment Amount for such Contingent Payment Year and all purposes of this Agreement, absent fraud and willful misconduct.
According to KOD, Article XXIII of the Condominium Declaration allows Centex to recharacterize certain LCE as common elements without the approval of the apartment owners,13 but not without the approval of KOD because Covenant 3B effectively trumps Article XXIII.
In the event that the Equityholders’ Representative does not deliver a Dispute Notice during the Dispute Period, the Sales/Profit Contingent Payment Amount set forth on such Contingent Payment Certificate shall irrevocably be deemed to be the final Sales/Profit Contingent Payment Amount for such Contingent Payment Year and all purposes of this Agreement, absent fraud and willful misconduct.
Contingent Payment Amount, if any, for such Contingent Payment Year (including the calculation thereof, in reasonable detail).
In the event that the Stockholder Representative Committee does not deliver a Dispute Notice during the Dispute Period, the Sales Contingent Payment Amount set forth on such Contingent Payment Certificate shall irrevocably be deemed to be the final Sales Contingent Payment Amount for such Contingent Payment Year and all purposes of this Agreement, absent fraud or intentional misconduct.
Contingent Payment Years is uncertain and that (i) Parent and its Affiliates may not generate any Worldwide Net Sales, Worldwide Gross Profit or Worldwide Ancillary Gross Profit with respect to any Contingent Payment Product in any Contingent Payment Year, and (ii) it is therefore not assured that Parent will be required to make any Sales/Profit Contingent Payments for any particular Contingent Payment Year, or at all.
On or prior to the ninetieth (90th) day following the last day of each Contingent Payment Year, Parent shall deliver to the Stockholder Representative Committee a certificate (each, a “Contingent Payment Certificate”), setting forth (a) the amount of Worldwide Net Sales for such Contingent Payment Year and (b) Parent’s determination of the Sales Contingent Payment Amount, if any, for such Contingent Payment Year.
In the event that the Shareholder Representative Committee does not deliver a Dispute Notice during the Dispute Period, the CTM Revenue amount set forth on such Contingent Payment Certificate shall irrevocably be deemed to be the final CTM Revenue amount for such Contingent Payment Year and all purposes of this Agreement, absent fraud or intentional misconduct.
In no case shall any member of the Buyer Group dispose of any books of account or records specifically pertaining to CTM Revenue with respect to any Contingent Payment Year earlier than the date one hundred and eighty (180) days following the last day of the subsequent Contingent Payment Year or, if such Contingent Payment Year is the last Contingent Payment Year, the last day of such Contingent Payment Year.
The Qualified Accountant shall be engaged and charged to determine the Disputed Contingent Payment Amount based on the final Worldwide Net Sales for the Contingent Payment Year subject to the Dispute Notice within thirty (30) days after the date of such Qualified Accountants’ engagement for such purpose.