Exit Payment definition
Examples of Exit Payment in a sentence
Further to receipt of the Expert's report and if Burberry decides to exercise its right to terminate under this clause 20.6, Burberry shall notify the Licensee of its intention to exercise its right by 31 July 2009 (in the case of the First Exit Right) and 31 July 2011 (in the case of the Second Exit Right) and it shall pay the Exit Payment to the Licensee on 31 December 2009 (in the case of the First Exist Right) OR 31 December 2011 (in the case of the Second Exit Right).
The Expert will in reaching its determination of the Exit Payment be entitled to call for such evidence as it requires from the Licensee and Burberry including, without limitation, all books of account and business records which the Licensee has kept in respect of any products which incorporated any Burberry Intellectual Property which were manufactured by or on behalf of the Licensee under this Agreement.
Burberry and the Licensee shall within fourteen (14) days of Burberry's notice being given pursuant to this clause 20.6 without reference or knowledge of the other party's selection, prepare a list of three investment banks that they would wish to determine the amount of the Exit Payment.
The Expert will prepare a report which determines the Exit Payment by reference to the market value of the Licence Rights for the unexpired term of this Agreement within 45 days of its appointment, such report to be provided by the Expert to Burberry and the Licensee by no later than 30 June 2009, in the case of the First Exit Right, or 30 June 2011, in the case of the Second Exit Right.
If such choices yield one investment bank that has been chosen by both Burberry and the Licensee then that investment bank will be appointed as the expert to determine the Exit Payment (the "Expert").