Success Fee definition
Examples of Success Fee in a sentence
The formula for calculating the Success Fee above assumes that the Change in Control is for 100% of the stock of the Company.
Bank (as successor in interest to Signature Bank) and Borrower are parties to that certain Success Fee Agreement, dated as of December 20, 2022 (the “Success Fee Agreement”).
Effective as of the Third Amendment Effective Date, the Success Fee Agreement is hereby terminated in its entirety and shall have no further force or effect, and neither Bank nor Borrower shall have any further obligations or liabilities thereunder.
For illustrative purposes only, if the Net Proceeds are $350,000,000, the Success Fee (if 100% vested) would be $12,500,000 (calculated as 5% of ($350 million minus $100 million)).
The Market Cap Severance will vest to the same extent and on the same schedule as the Success Fee; provided however, that no Market Cap Severance shall be earned or payable if, within one year following the Start Date, Executive voluntarily terminates employment for a reason other than Good Reason, death or Disability.