Second Measuring Period definition

Second Measuring Period. The period of 12 consecutive calendar months commencing on the first day after the last day of the First Measuring Period, or if Escrow Shares have been released pursuant to Section 3(c)(i) or 3(c)(ii), the period of 12 consecutive calendar months commencing on the date that Celtic delivers the Second Capital Notice.
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Second Measuring Period means the period of time from first day in the calendar month that follows the end of the First Measuring Period to the earlier to occur of (i) the end of the calendar month that Seller achieves the Second Additional Earn Out Threshold (after previously achieving the Second EBITDA Target) or (ii) at 11:59 p.m. on the day that is 365 days after the beginning of the Second Measuring Period.
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Second Measuring Period is defined in Exhibit C.
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Examples of Second Measuring Period in a sentence

  • Since the combined amount of the First Holdback Excess Payment and the remaining $250,000 attributable to the Second Measuring Period would be $500,000, there cannot be a Third Holdback Payment, as the upper limit of $2,000,000 on the aggregate amount of the Holdback Payments would bar any additional payments.

  • No later than 45 dxxx xxter the last day of each of the First Measuring Period and the Second Measuring Period SLM shall provide to the Shareholders a statement (the "Preliminary Release Calculation") signed by its Chief Executive Officer or another person designated by the Board of Directors of Celtic setting out in detail the calculation of API, ACI and the number of Escrow Shares to be released.

  • Shares were allocated under the stock plan effective October 1, 1987, for the "First Measuring Period," October 1, 1990, for the "Second Measuring Period," and October 1, 1993, for the "Third Measuring Period." To be eligible for a grant, a principal must consent in writing to observe the restrictions imposed on the shares.

  • In accordance with Section 2.6(b), Seller’s receipt of any of the Earn Out Payment shall be based upon Seller’s achieving certain EBITDA targets for the First Measuring Period and the Second Measuring Period, except where there are indemnity claims by Buyer for the earned portion of the Earn Out Payment, if any or as otherwise provided under Section 5.17.

  • The First Holdback Excess Payment would be $250,000 and it would rollover for payment within 60 days of the conclusion of the Third Measuring Period (because the payments made for the Second Measuring Period would be in excess of $750,000, as discussed in the next sentence).

  • Interest on the Second Holdback Excess Payment shall accrue from the 60th calendar day after the conclusion of the Second Measuring Period.

  • If the First Holdback Payment yields an amount greater than $750,000, then Buyer shall pay Sellers $750,000 within 60 days of the conclusion of the First Measuring Period and the amount by which the First Holdback Payment exceeds $750,000 (the “ First Holdback Excess Payment”) shall be paid to Sellers within 60 days of the conclusion of either the Second Measuring Period or the Third Measuring Period, as described below.

  • If the Second Holdback Payment plus the First Holdback Excess Payment, if any, yields an amount less than or equal to $750,000, then Buyer shall pay Sellers such amount within 60 days of the conclusion of the Second Measuring Period.

  • Accordingly, Sellers would receive $750,000 within 60 days of the conclusion of the Second Measuring Period, and the remaining $250,000 attributable to the Second Measuring Period, along with the First Holdback Excess Payment would rollover for payment within 60 days of the conclusion of the Third Measuring Period.

  • In 2009, she again complained of pain in her hands and wanted her desk to be lowered.


More Definitions of Second Measuring Period

Second Measuring Period has the meaning set forth in Section 2(b) below.
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Second Measuring Period means the period beginning on the day after the end of the First Measuring Period and ending on the second anniversary of the Earn-Out Commencement Date.
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Related to Second Measuring Period

  • Measuring Period means the period of four consecutive fiscal quarters ended on the last day of the Fiscal Quarter most recently ended as to which operating statements with respect to a Real Property have been delivered to the Lenders.

  • Equity Conditions Measuring Period means each day during the period beginning twenty (20) Trading Days prior to the applicable date of determination and ending on and including the applicable date of determination.

  • Net metering period means the 12-month period following the date of final interconnection of the

  • Monitoring Period means the period from the Launch Date to the Valuation Date (both dates including) at such point in time at which the Reference Price of the Underlying is determined and published..

  • Adjusted Term SOFR Rate means, for any Interest Period, an interest rate per annum equal to (a) the Term SOFR Rate for such Interest Period, plus (b) 0.10%; provided that if the Adjusted Term SOFR Rate as so determined would be less than the Floor, such rate shall be deemed to be equal to the Floor for the purposes of this Agreement.

  • Performance Measurement Period has the meaning set forth in Section 3.1(e)(ii).

  • Baseline Period means the 12-month period immediately preceding October 30, 2016.

  • Applicable Measurement Period means the most recently completed four consecutive fiscal quarters of the Issuer immediately preceding the Applicable Calculation Date for which internal financial statements are available.

  • Qualifying Period means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in the Schedule to these Terms;

  • Start-up Period means up to a maximum of 7 Academy Financial Years and covers the period up to and including the first Academy Financial Year in which all age groups are present at the Academy (that is, all the pupil cohorts relevant to the age-range of the Academy will have some pupils present).

  • Marketing Period means the first period of twenty (20) consecutive days after the date of this Agreement throughout and on the last day of which (a) Buyers shall have received all of the Required Information and such Required Information is Compliant (provided, that if the Company shall in good faith reasonably believe it has provided the Required Information and that the Marketing Period has commenced, it may deliver to Buyers a written notice to that effect (stating when it believes it completed such delivery), in which case the Marketing Period will be deemed to have commenced on the date of such notice unless Buyers in good faith reasonably believes the Marketing Period has not commenced and within two Business Days after the delivery of such notice by the Company, delivers a written notice to the Company to that effect (setting forth with specificity why they believe the Marketing Period has not commenced)), and (b) the conditions set forth in Article VII shall be satisfied or waived (other than the condition set forth in Sections 7.01(e) and 7.01(j) and other those that by their nature need not be satisfied until the Closing or are to be performed at Closing, but subject to the satisfaction or waiver of those conditions at such time); provided, that the Marketing Period shall not be deemed to have commenced if at any time during such twenty (20) consecutive day period (i) the applicable independent auditors of the Company shall have withdrawn any audit opinion contained in the Required Information, (ii) any Required Information ceases to be Compliant or (iii) the Company or its independent auditors determines that the Company must restate any historical financial statements or material financial information included in the Required Information (each of the conditions set forth in clauses (i) through (iii) above being referred to as a “Marketing Period Delay Condition”), then, in each case, the Marketing Period shall not be deemed to have commenced until the date on which such Marketing Period Delay Condition is cured, subject, in each case, to the conditions set forth in clauses (a) and (b) and clauses (i) through (iii) above (which may result in a subsequent Marketing Period Delay Condition). Notwithstanding anything to the contrary in this definition, (A) the Marketing Period shall not include any date from and including November 27, 2014 through and including November 28, 2014, and if such Marketing Period has not ended prior to December 19, 2014, such Marketing Period will not begin until January 5, 2015, (B) if the Required Information is Compliant and any of the Company’s applicable current or former independent accountants declines to issue customary comfort letters (including as to customary negative assurance comfort and change period) with respect to any Required Information, the Marketing Period shall end no earlier than five (5) days after all applicable independent accountants have issued such comfort letters, and (C) the Marketing Period shall terminate on the date on which the Debt Financing or the related financings described in the Debt Commitment Letters required to consummate the transactions contemplated hereby is consummated if such date is earlier than the last day of the twenty (20) consecutive day period described above (including any required extensions, as provided above).

  • Daily Measurement Value means the Specified Dollar Amount (if any), divided by 40.

  • Ramp-Up Period means the period from and including the Effective Date to, but excluding, September 23, 2016.

  • Accumulation Period Factor means, for any Collection Period, a fraction with:

  • Base Year Value means the assessed value of eligible property January 1 preceding the execution of the agreement plus the agreed upon value of eligible property improvements made after January 1 but before the execution of the agreement.

  • Quarterly Commencement Date means the 1st day of each of April, July, October and January in each year.

  • Accumulation Period Amount means $41,666,666.67; provided, however, if the Accumulation Period Length is determined to be less than twelve (12) months pursuant to Section 3.10(b)(ii) of the Indenture Supplement, the Accumulation Period Amount shall be the amount specified in the definition of “Accumulation Period Amount” in the Indenture Supplement.

  • Testing Period means a single period consisting of the four consecutive fiscal quarters of the Borrower then last ended (whether or not such quarters are all within the same fiscal year), except that if a particular provision of this Agreement indicates that a Testing Period shall be of a different specified duration, such Testing Period shall consist of the particular fiscal quarter or quarters then last ended that are so indicated in such provision.

  • Operating Period means the period commencing from the Commercial Operation Date, until the last day of the Term of this Agreement or date of earlier termination of this Agreement in accordance with Article 2 of this Agreement;