Upper Threshold definition
Examples of Upper Threshold in a sentence
Such parameters will be set by reference to a specified Lower Threshold and, in certain cases, Upper Threshold.
To the extent that the Inventory Value is greater than the Estimated Inventory Value, but less than the Upper Threshold, the Cash Purchase Price shall be increased by an amount equal to the difference between the Inventory Value and the Estimated Inventory Value.
If the Company Equity as reflected on the Closing Balance Sheet is between the Upper Threshold and the Lower Threshold, then no adjustment shall be made to the Initial Purchase Price and the Initial Purchase Price shall be the Final Purchase Price.
Notwithstanding Section 6.3(a), with respect to the tax year(s) in which any Green Plains Bonus Amount is distributed, Green Plains shall be allocated gross income in an amount (the “Green Plains Bonus Amount”) equal to fifty percent (50%) of the excess (if any) of the Bonus EBITDA over the Upper Threshold of EBITDA; provided, however, that in no event shall the Green Plains Bonus Amount exceed $2,000,000.
If the amount of such Company Equity on the Closing Balance Sheet as finally determined pursuant to Section 2.3(a) above is equal to or greater than the amount of the Pro forma Equity plus $500,000 (such sum is hereinafter referred to as the "Upper Threshold"), then the Final Purchase Price shall equal the Initial Purchase Price plus the amount by which Company Equity exceeds the Upper Threshold.
Notwithstanding Section 6.3(a), with respect to the tax year(s) in which any Green Plains Basis Amount is distributed, in the event the Bonus EBITDA is greater than $56,000,000, Green Plains shall be allocated gross income in an amount (the “Green Plains Basis Amount”) equal to the excess of Actual Cattle Basis over the Upper Threshold of Forecast Cattle Basis; provided, however, that in no event shall the Green Plains Basis Amount exceed $5,000,000.
Section 9.1(g) Upper Threshold Price............................................