Third Payment Date definition

Third Payment Date as defined in Section 2.6 (b).

Third Payment Date means, subject to the provisions of Article 3 of this Agreement, the date on which the Third Payment is made by Parent, which shall be within ten (10) Business Days following the determination of the Earnout Amount in accordance with Article 3.

Third Payment Date means on or about 31 December 2023;

Examples of Third Payment Date in a sentence

• Relevant Founders’ Consideration: (a) as to RMB17.5 million (equivalent to approximately HK$20,833,000) shall be paid to the Founders (or collectively to their order) subsequent to the signing of the Consultancy Services Agreements (as defined below) and in any event no later than the Third Payment Date.

• Primer: Asphalt, solvent blend conforming to ASTM D 41, Type II requirements.

• Notwithstanding the foregoing, if the Additional Consideration Liability Amount has not been settled prior to the Third Payment Date in accordance with Section 6.13, then the Maximum Amount shall automatically be set-off against the Third Payment Amount without regard to the Deferred Consideration Set-Off Limitations set forth in clause (A) of the immediately preceding sentence (but subject to the Deferred Consideration Set-Off Limitations set forth in clause (B) of the immediately preceding sentence).

• Upon the terms and subject to the conditions of this Agreement, the Third Payment Date (as defined below), cash in the amount of US$ 10,000,000 (the “Third Payment”) shall be delivered to the Sellers or their designees.

• If, as of the Third Payment Date, SellerCo has delivered a Dispute Notice with respect to the calculation of the Final Purchase Price as set forth in the Closing Statement that has not been resolved pursuant to Section2.9 as of such time, Purchaser shall be deemed to have a good faith claim to exercise its set-off right pursuant to this Section 2.5 with respect to the amount claimed to be payable to Purchaser and then in dispute.

More Definitions of Third Payment Date

Third Payment Date has the meaning set forth in Section 2.2.

Third Payment Date shall have the meaning set forth in Section 1.4.2. “VPS” shall have the meaning set forth in Section 1.1. “Warrants” shall have the meaning set forth in Section 2.1.1. [SIGNATURE PAGE FOLLOWS]

Third Payment Date means the business day on which Systemax issues its earnings press release for the fourth quarter and fiscal year ended December 31, 2018.

Third Payment Date means the twenty-first Business Day following the agreement of the Total Trading Return in respect of the Second Period with the external actuaries (as referred to in paragraph 1.6 of schedule 3 to the First Pool Members Agreement) or such later date as may be agreed pursuant to the Original SPA; Total Trading Return shall mean, in respect of either of the First or Second Period, the total trading return as such term is defined in paragraph 1.5 of schedule 3 to the First Pool Members Agreement and in respect of the Third Period, the total trading return as such term is defined in paragraph 3.2 of schedule 3 to the Second Pool Members Agreement;

Third Payment Date has the meaning set forth in clause (iii) of Subsection 1.2(a) of this Agreement.

Third Payment Date means the Payment Date falling during the third Financial Year starting after Commercialization. "Total Milestone Payment" has the meaning ascribed to this term in Article 3.1(a). 1.2 In this Agreement: (a) References to Articles, Recitals, Schedules and Paragraphs are, save if explicitly stipulated otherwise, references respectively to articles of, and recitals, schedules and paragraphs of schedules to, this Agreement. All Recitals and Schedules form part of this Agreement. (b) References to a provision of law are references to that provision as amended or re- enacted. (c) References to any other agreement or instrument are references to that other agreement or instrument as amended, novated, supplemented, extended or restated. (d) Reference to "Arms-Length Sale" means a good faith transaction for the sale of NBTXR3 made in the ordinary course of trade, according to the then current market conditions for such sale or, in the absence of such current market conditions, according to the market conditions for the sale of products similar to NBTXR3. 2. ROYALTIES 2.1 Payment (a) The Company shall pay to the Bank in respect of each financial year during the Royalty Calculation Period, a royalty fee equal to an amount determined, on the basis of the audited consolidated financial statements of the Group for the relevant financial year (the "Royalty Fee") as follows:

Third Payment Date means the first anniversary of the Effective Date of this Agreement.