Common use of Actual value Clause in Contracts

Actual value. If the Accounting Firm resolves some of the remaining objections contained in the Statement of Balance Sheet Objections and/or the Statement of AUC Objections, as applicable, in favor of Buyer and the rest of the remaining objections in favor of Seller (the final amounts as determined by the Accounting Firm are referred to herein as the “Actual Value”), Seller will be responsible for a percentage of the fees and expenses of the Accounting Firm in connection with the resolution of such objections equal to (x) the difference between Seller’s position on value set forth in the Statement of Balance Sheet Objections and/or the Statement of AUC Objections and the Actual Value over (y) the difference between Seller’s position on value set forth in the Statement of Balance Sheet Objections and/or the Statement of AUC Objections, as applicable, and the Buyer’s position on value set forth in the Final Balance Sheet or the Final Closing Statement, as applicable, and Buyer will be responsible for the remainder of the fees and expenses.

Actual value. If the Accounting Firm resolves some of the remaining objections contained in the Statement of Balance Sheet Objections and/or the Statement of AUC Objections, as applicable, in favor of Buyer and the rest of the remaining objections in favor of Seller (the final amounts as determined by the Accounting Firm are referred to herein as the “"Actual Value”"), Seller will be responsible for a percentage of the fees and expenses of the Accounting Firm in connection with the resolution of such objections equal to (x) the difference between Seller’s 's position on value set forth in the Statement of Balance Sheet Objections and/or the Statement of AUC Objections and the Actual Value over (y) the difference between Seller’s 's position on value set forth in the Statement of Balance Sheet Objections and/or the Statement of AUC Objections, as applicable, and the Buyer’s 's position on value set forth in the Final Balance Sheet or the Final Closing Statement, as applicable, and Buyer will be responsible for the remainder of the fees and expenses.