Required Performance. For the warrants to be earned and exerciseable, the Holder either by itself or through his affiliated entities, requires a close price of $.10 per share for five trading days.
Required Performance. (a) In the event that Participant is employed by Ingram or one of its Affiliates on March 1, 2006, and has been continuously employed by Ingram and or one or more of its Affiliates throughout such period, Participant shall be entitled to a lump sum cash retention payment in the amount specified in Section 3 below.
Required Performance. The failure of either party to this Agreement to require the performance of any term of this Agreement or the waiver by either party of any breach under this Agreement shall not prevent the subsequent enforcement of such term and shall not be deemed a waiver of any subsequent breach.
Required Performance. 1. Effective administration and management of this grant project.
Required Performance. (a) In the event that Participant is employed by Ingxxx xx one of its Affiliates on March 1, 2006, and has been continuously employed by Ingxxx xxd or one or more of its Affiliates throughout such period, Participant shall be entitled to a lump sum cash retention payment in the amount specified in Section 3 below.
Required Performance. For the warrants to be earned and exerciseable, Xxxxxxx Xxxx, either by himself or through his affiliated entities, agrees to raise the funds below by the indicated date. If the funds are not raised by the indicated date, the performance warrant for the date indicated is forfeited. The performance warrants are the total compensation for the fundraising by Xxxxxxx Xxxx and/or his affiliated entities. In consideration of the fund raising efforts by Xxxxxxx Xxxx and/or his affiliated entities, the Company agrees to review all other financing proposals with Xxxxxxx Xxxx before the Company commits to any financing proposal. Performance Warrants $ Date Earned $500,000 3/31/2009 8,125,000 $500,000 5/31/2009 8,125,000 $500,000 7/31/2009 8,125,000 $500,000 9/30/2009 8,125,000 $2,000,000 32,500,000 The $500,000 due March 31, 2009 includes the $390,000 to be paid by Xxxxxxx Xxxx and/or his affiliated entities by February 13, 2009. The Company is currently trying to locate up to $4,000,000 in equity investment through an outstanding registered PIPE offering, which will be priced at $0.04 cents per common stock share of the Company or at the Company’s closing price on the day of the funding, whichever is less. The Company agrees to reserve $1,800,000 worth of this PIPE offering for exclusive use by Xxxxxxx Xxxx and/or his affiliated entities’ fundraising efforts until 3/31/2009. This exclusive reservation to Xxxxxxx Xxxx and/or his affiliated entities’ fundraising use shall reduce to $1,300,000 worth of the PIPE offering thereafter and until 5/31/2009, to $800,000 worth of the PIPE offering thereafter and until 7/31/2009, and to $300,000 worth of the Company’s PIPE offering thereafter and until 9/30/2009.
Required Performance. During the Term, Employee shall devote all of his working time to the performance of the services required under this Agreement and shall not engage in any other business matters, except that Employee may serve on educational, religious, civic or charitable boards or committees and/or make and attend to personal business activities (“Permitted Collateral Activities”). Employee may engage in Permitted Collateral Activities so long as: (i) none of the Permitted Collateral Activities directly or indirectly (or through any affiliated entity) competes or expects to compete with the business of Company or any other HMC Entity (as defined below) anywhere in the world; (ii) such Permitted Collateral Activities do not impair or interfere with Employee’s performance of his duties hereunder; (iii) such Permitted Collateral Activities are conducted in a manner that does not impair the business of Company, THTV or their respective employees, and do not impose any expenses or costs upon Company or any other HMC Entity; and (iv) the Permitted Collateral Activities do not involve any employees or consultants of, or utilize any assets, resources or equipment of, Company or any other HMC Entity. For purposes of this Agreement, HMC and its subsidiaries, together with any nonconsolidated businesses of HMC, including MxxxxXxxxxxx.xxx and Netco Partners, are referred to herein as the “HMC Entities” or individually as an “HMC Entity.”
Required Performance. The target performance for the Civic Portal Software is approximately 30 million page impressions per day. This will, of course, require a suitable amount of high performance to achieve and this hardware will not be in place until the final roll out is underway. However, the SS Deliverables must be capable of delivering this performance when deployed on suitable hardware.
Required Performance. (a) More than 50% of employee housing units required to meet the demands generated by the Project, as determined in the Plan, will be supplied within the SPA boundaries.
Required Performance. 1. Complete approximately 174 sanitary surveys and provide results in a spreadsheet to the DEPARTMENT.
