An earnout provision makes the purchase price (typically, some part of it) payable in the future dependent on the buyer's financial performance. A seller also needs to separate its right to an earnout from the severance provisions of its employment agreement with the buyer.Earnout provisions are contractual clauses within a purchase agreement that secure additional compensation to the seller after close. Remedies Provisions. Earnout provisions are often incorporated in the body of the acquisition agreement, but can be included in a separate earnout agreement.