Company Merger Consideration Adjustments; Prorations. The Company Parties and the Buyer Parties agree that the Company Merger Consideration will be adjusted pursuant to this Section 3.9 based upon the following prorations affecting each of the Properties. In the case of any adjustment to be made at Closing, such adjustment shall be set forth on a settlement statement executed by the Company Parties and the Buyer Parties, and the Company Merger Consideration shall be increased or decreased to reflect such adjustment. In the case of any adjustment to be made after Closing, the parties shall make such adjustment by payment of immediately available funds to the other party within ten (10) days after the date that such adjustment is determined, provided that all such adjustments shall be made no later than the date that is ninety (90) days after the Closing Date, as provided in Section 3.9(l).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.), Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.), Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.)
