Common use of Sharing of Profits Clause in Contracts

Sharing of Profits. In the event that GOV or RMR consummates any sale of Common Shares prior to the first anniversary of the Closing Date and the price per share paid by the purchaser in such sale transaction is greater than the Per Share Price, GOV or RMR, whichever is the seller in such sale transaction, shall pay to Seller, in immediately available funds denominated in United States dollars, by wire transfer to one or more bank accounts designated by Seller, within ten (10) Business Days following the receipt by such Purchaser or its designee of the proceeds of such sale, an amount equal to 50% of the product of (i) the number of Shares sold in such sale transaction times (ii) the excess of (x) the price per share paid in such sale transaction and (y) the Per Share Price. For the avoidance of doubt, this Section 4.2 applies to any shares of the Company owned by any Purchaser and is not limited to such Purchaser’s Applicable Shares.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Government Properties Income Trust), Stock Purchase Agreement (CommonWealth REIT)