Common use of Fees of the Independent Accountant Clause in Contracts

Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall be paid by the Member Representative (on behalf of the Members), on the one hand, and by Parent, on the other hand, based upon the percentage that the amount actually contested but not awarded to the Member Representative or Parent, respectively, bears to the aggregate amount actually contested by the Member Representative and Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kush Bottles, Inc.)

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Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall will be paid by the Member Representative (on behalf of the Members)Sole Shareholder, on the one hand, and by Parent, on the other hand, based upon the percentage that the amount actually contested but not awarded to the Member Representative Sole Shareholder or Parent, respectively, bears to the aggregate amount actually contested by the Member Representative Sole Shareholder and Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (One Stop Systems, Inc.)

Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall be paid by the Member Representative (on behalf of the Members)Parent, on the one hand, and by Parentthe Company Representative, on the other hand, based upon the percentage that the amount actually contested but not awarded to Parent or the Member Representative or ParentCompany Representative, respectively, bears to the aggregate amount actually contested by Parent and the Member Representative and ParentCompany Representative.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ag&e Holdings Inc.)

Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall be paid by the Member Representative (on behalf of the Members)Sole Stockholder, on the one hand, and by Parent, on the other hand, based upon the percentage that the amount actually contested but not awarded to the Member Representative or Parent, respectively, Sole Stockholder bears to the aggregate amount actually contested by the Member Representative and ParentSole Stockholder.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization

Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall be paid by the Member Representative (Representative, solely on behalf of the Members), on the one handHolders, and by Parent, on the other hand, Parent based upon the percentage that the amount actually contested but not awarded to the Member Representative or Parent, respectively, bears to the aggregate amount actually contested by the Member Representative and Parent, respectively.

Appears in 1 contract

Samples: Agreement and Plan of Merger

Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall be paid by the Member Company Representative (on behalf of the MembersSecurityholders), on the one hand, and by Parent, on the other hand, based upon the percentage that the amount actually contested but not awarded to the Member Company Representative or Parent, respectively, bears to the aggregate amount actually contested by the Member Company Representative and Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (ChaSerg Technology Acquisition Corp)

Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall be paid by the Member Representative (on behalf of the Members), Company Parent on the one hand, and by ParentHoldings, on the other hand, based upon the percentage that the amount actually contested but not awarded to the Member Representative Company Parent or ParentHoldings, respectively, bears to the aggregate amount actually contested by the Member Representative Company Parent and ParentHoldings.

Appears in 1 contract

Samples: Agreement and Plan of Merger (GigCapital2, Inc.)

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Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall be paid by the Member Representative (on behalf of the Members)Shareholder Representative, on the one hand, and by Parent, on the other hand, based upon the percentage that the amount actually contested but not awarded to the Member Representative or Parent, respectively, Seller bears to the aggregate amount actually contested by the Member Representative and ParentShareholder Representative.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization

Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall be paid by the Member Representative (on behalf of the Members)Parent, on the one hand, and by ParentAffiliated, on the other hand, based upon the percentage that the amount actually contested but not awarded to the Member Representative Parent or ParentAffiliated, respectively, bears to the aggregate amount actually contested by the Member Representative Parent and ParentAffiliated.

Appears in 1 contract

Samples: Asset Purchase Agreement (JanOne Inc.)

Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall be paid by the Member Shareholder Representative (on behalf of the Members), Shareholders) on the one hand, and by Parent, on the other hand, based upon the percentage that the amount actually contested but not awarded to the Member Shareholder Representative or Parent, respectively, bears to the aggregate amount actually contested by the Member Shareholder Representative and Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (GigCapital2, Inc.)

Fees of the Independent Accountant. The fees and expenses of the Independent Accountant shall be paid by the Member Representative (on behalf of the Members)Company Member, on the one hand, and by Parent, on the other hand, based upon the percentage that the amount actually contested but not awarded to the Company Member Representative or Parent, respectively, bears to the aggregate amount actually contested by the Company Member Representative and Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (National CineMedia, LLC)

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