Operating Profit Index definition
Examples of Operating Profit Index in a sentence
If the Net Profits of Jiangsu Guanzhilin reach the Operating Profit Index as defined herein and in the Operation and Management Agreement according to the audit report for the Second Audited Year, then within 10 days after the auditor completes its audit of Jiangsu Guanzhilin for the Second Audited Year (the calendar year 2010) and delivers its audit report, the Acquirer shall make a deposit in the amount of ****** of the Acquisition Consideration (RMB ******).
If the Net Profits of Newco reach the Operating Profit Index as defined herein and in the Operation and Management Agreement according to the audit report for the Second Audited Year, then within 10 days after the designated auditor completes its audit of Newco for the Second Audited Year and delivers its audit report, the Acquirer shall make a deposit in the amount of ****** of the Acquisition Consideration (RMB ******).
Within 10 days after the designated auditor completes its audit of Newco for the Second Audited Year and issues its audit report determining that the Net Profits of Newco for such period reaches the Operating Profit Index as defined herein and in the Operation and Management Agreement, the Acquirer shall make a deposit of ****** of the Acquisition Consideration (RMB ******).
The equity acquisition under this Article does not relieve the Controlling Party of its obligation to achieve the Operating Profit Index for the remaining years within the Operating Profit Index Lockup Period.
If the Net Profits of Newco reach the Operating Profit Index as defined herein and in the Operation and Management Agreement according to the audit report for the Second Audited Year, then within 10 days after the designated auditor completes its audit of Newco for the Second Audited Year and delivers its audit report, the Acquirer shall make a deposit in the amount of 10% of the Acquisition Consideration (RMB 31,620,000).
If the amount by which the Company fails to achieve the Operating Profit Index for the First Audited Year is higher than the amount by which the Company fails to achieve it for the Second Audited Year, the Acquisition Consideration will not be reduced for the Second Audited Year.
The calculation and confirmation of the Net Profits of the Company and the Operating Profit Index shall comply with all applicable tax laws and regulations, all applicable financial and accounting laws and regulations, and all applicable accounting standards.
Article 31 Within the Operating Profit Index Lockup Period, the Controlling Party shall pledge its ownership of 49% of the equity interests in Newco to the Acquirer as a guarantee for both the performance of this Agreement and the Operation and Management Agreement and for the achievement of the Operating Profit Index.
If the amount by which the Company fails to achieve the Operating Profit Index for the First Audited Year is lower than the amount by which the Company fails to achieve it in the Second Audited Year, the higher amount will be used to calculate the adjustment for the Second Audited Year and the difference will be included in the reduced Acquisition Consideration or the increased equity to be transferred.
If the Net Profits of Jiangsu Guanzhilin reach the Operating Profit Index as defined herein and in the Operation and Management Agreement according to the audit report for the Second Audited Year, then within 10 days after the auditor completes its audit of Jiangsu Guanzhilin for the Second Audited Year (the calendar year 2010) and delivers its audit report, the Acquirer shall make a deposit in the amount of 10% of the Acquisition Consideration (RMB 31,620,000).