First Target definition

First Target has the meaning set forth in Section 2.8(c).

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First Target has the meaning set forth in Section 3.6.

First Target has the meaning given to such term in Section 3(b)(i).

Examples of First Target in a sentence

• For the First Target Year the Computation Method set forth in Section 2.5.2(A) is the only applicable method for determining the Contingent Purchase Price.

• In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be reduced in the same proportion that the distribution had to the fair market value of the Common Units prior to the announcement of the distribution.

• In the event that the First Earn-Out Target Release Notice is not delivered on or prior to the First Target Expiration Date, then the Escrow Agent shall automatically disburse and release the First Level Earn-Out Shares (and any applicable stock power) to Holdco for cancellation.

• The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, and Third Target Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10.

• In the event that the 2010 Earn-out EBITDA is less than the First Target but greater than $23,000,000, then the Initial Members and JDI (pro rata in accordance with their Earn-Out Sharing Percentages) shall be entitled to receive a corresponding proportionate percentage of the First Earn-Out equal to the adjusted EBITDA earned for the applicable year in excess of $23,000,000 divided by $4,000,000.

More Definitions of First Target

First Target has the meaning set forth in the definition of “Directed to”.

First Target means [ ] of the revenue (Company recognizable) forecast for the Big Mac Business in the First Performance Period.

First Target has the meaning set forth in Section 2.9(b).

First Target has the meaning set forth in Section 2.8(c) of the Merger Agreement.

First Target shall have the meaning set forth in the Research Agreement.

First Target means Staphylococcus aureus.

First Target has the meaning set forth in Section 2.5(a)(i). “▇▇▇▇▇▇▇” has the meaning set forth in the preamble. “▇▇▇▇▇▇▇ Employment Agreement” has the meaning set forth Section 3.2(e). “Floor Price” means One Dollar ($1.00) per Share. “Fourth Acceptance Notice” has the meaning set forth in Section 2.5(h). “Fourth Calculation Period” has the meaning set forth in Section 2.5(a)(iv). “Fourth Calculation Statement” has the meaning set forth in Section 2.5 (iv)(b). “Fourth Dispute Notice” has the meaning set forth in Section 2.5(i). “Fourth Target” has the meaning set forth in Section 2.5(a)(iv). “GAAP” has the meaning set forth in Section 2.3. “Governmental Authority” means any government or political subdivision or regulatory authority, whether federal, state, local or foreign, or any agency or instrumentality of any such government or political subdivision or regulatory authority, or any federal state, local or foreign court or arbitrator. “Guarantee” by any Person means any obligation, contingent or otherwise, of such Person directly or indirectly guaranteeing or otherwise supporting in whole or in part the payment of any Indebtedness or other obligation of any other Person and, without limiting the generality of the foregoing, any obligation, direct or indirect, contingent or otherwise, of such Person (a) to purchase or pay (or advance or supply funds for the purchase or payment of) such Indebtedness or other obligation of such other Person (whether arising by virtue of partnership arrangements, by agreement to keep-well, to purchase assets, goods, securities or services, to take-or-pay or to maintain financial statement conditions or otherwise) or (b) entered into for the purpose of assuring in any other manner the obligee of such Indebtedness or other obligations of the payment of such Indebtedness or to protect such obligee against loss in respect of such Indebtedness (in whole or in part); provided, however, that the term Guarantee shall not include endorsements for deposit or collection in the Ordinary Course of Business. The term “Guarantee” used as a verb has a correlative meaning. “Hazardous Material” means any pollutant, toxic substance, including asbestos and asbestos-containing materials, hazardous waste, hazardous material, hazardous substance,