Common use of Continue on Revised Financial Terms Clause in Contracts

Continue on Revised Financial Terms. Yahoo elects to maintain the Agreement under its terms and conditions, subject to the following adjustment, to become effective immediately prior to the consummation of the Change of Control: Overture will increase the percentage at which it makes Revenue Share Payments hereunder by (1) [*]% (e.g., in year 3 of the Initial Term, the revenue share percentage would increase from [*]% to [*]%) to the extent that the Acquirer is [*] or controlled by one of such entities or any successor to substantially all of the current business of any of such entities (each, a “Designated Company”); or (2) [*]% to the extent that the Acquirer is any entity other than a Designated Company. The term of the increased Revenue Share Payment percentages pursuant to this subpart (a) shall continue from immediately prior to the consummation of the Change of Control until the later of (x) one year following consummation of the Change of Control, and (y) the expiration of the Initial Term (if the Change of Control is consummated during the Initial Term) or the applicable Extension Term (if the Change of Control is consummated during an Extension Term). Notwithstanding the foregoing sentence, to the extent that either (i) the Change of Control occurs after January 1, 2005 and Yahoo has not provided Overture with written notice of Yahoo’s intent to exercise the First Option according to Section 10 above; or

Continue on Revised Financial Terms. Yahoo elects to maintain the Agreement under its terms and conditions, subject to the following adjustment, to become effective immediately prior to the consummation of the Change of Control: Overture will increase the percentage at which it makes Revenue Share Payments hereunder by (1) [*]% (e.g., in year 3 of the Initial Term, the revenue share percentage would increase from [*]% to [*]%) to the extent that the Acquirer is [*] or controlled by one of such entities or any successor to substantially all of the current business of any of such entities (each, a “"Designated Company”"); or (2) [*]% to the extent that the Acquirer is any entity other than a Designated Company. The term of the increased Revenue Share Payment percentages pursuant to this subpart (a) shall continue from immediately prior to the consummation of the Change of Control until the later of (x) one year following consummation of the Change of Control, and (y) the expiration of the Initial Term (if the Change of Control is consummated during the Initial Term) or the applicable Extension Term (if the Change of Control is consummated during an Extension Term). Notwithstanding the foregoing sentence, to the extent that either (i) the Change of Control occurs after January 1, 2005 and Yahoo has not provided Overture with written notice of Yahoo’s 's intent to exercise the First Option according to Section 10 above; oror (ii) the Change of Control occurs after the date that is six months prior to the end of the First Option and Yahoo has not provided Overture with written notice of Yahoo's intent to exercise the Second Option according to Section 10 above, the term of the increased Revenue Share Payment percentages pursuant to this subpart (a) shall continue from immediately prior to the consummation of the Change of Control until the expiration of the then-current Term (i.e., the Initial Term in the case of clause (i) above and the first Extension Term in the case of clause (ii) above).