Common use of Expense Adjustment Clause in Contracts

Expense Adjustment. In accordance with Section 5.3 of this ------------------ Agreement, in the event that the Third Party Expenses (as defined in Section 5.3 hereof) incurred by the Company exceeds the sum of $250,000, then (i) to the extent any such excess is known as of the Closing Date the Cash Consideration payable pursuant to Section 1.6 shall be reduced by the amount of such excess, and (ii) to the extent any such excess is not known as of the Closing Date the excess shall when known be paid to Splash out of the Escrow Fund described in Article VII.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Splash Technology Holdings Inc)

Expense Adjustment. In accordance with Section 5.3 of this ------------------ in Agreement, in the event that the Third Party Expenses (as defined in Section 5.3 hereof) incurred by the Company exceeds the sum of $250,000150,000, then (i) to the extent any such excess is known as of the Closing Date the Cash Consideration cash consideration payable pursuant to Section 1.6 to the holders of Company Class B Common Stock shall be reduced by the amount of such excess, and (ii) to the extent any such excess is not known as of the Closing Date the excess shall when known be paid to Splash out of the Escrow Fund described in Article VII.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Splash Technology Holdings Inc)