Common use of Final Proration Adjustment Clause in Contracts

Final Proration Adjustment. Within five (5) Business Days after the final determination of the Final Proration Statement, or the failure of Seller to submit a timely Protest Notice: (i) if the Final Amount to be Prorated is less than the Estimated Amount to be Prorated, then Buyer shall pay to Seller the amount of such difference by wire transfer of immediately available funds to the bank account(s) specified by Seller, or (ii) if the Final Amount to be Prorated is greater than the Estimated Amount to be Prorated, then Seller shall pay to Buyer the amount of such difference by wire transfer of immediately available funds to the bank account(s) specified by Buyer.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Dynegy Inc.), Asset Purchase Agreement (Dynegy Inc.)