Final Settlement Statement. On or before ninety (90) days after the Closing Date, Buyer will prepare a settlement statement (the "Final Settlement Statement") based upon actual income and expenses during the Interim Period and which takes into account all known adjustments to be made to the Purchase Price and shows the resulting adjustments to the Purchase Price (the "Final Purchase Price"). As soon as practicable, and in any event within thirty (30) days, after receipt of the Final Settlement Statement, Seller shall return a written report containing any proposed changes to such Settlement Statement and an explanation of any such changes and the reasons therefor (a "Dispute Notice"). If the Final Price set forth in the Final Settlement Statement is mutually agreed upon by Seller and Buyer, the Final Settlement Statement and the Final Price shall be final and binding on the parties hereto. Any difference in the Adjusted Purchase Price as paid at Closing pursuant to the Preliminary Settlement Statement and the Final Price shall be paid by the owing party within ten (10) days to the owed party. All amounts paid pursuant to this Article 3.6 shall be delivered in United States currency by wire transfer of immediately available funds to the account specified in writing by the relevant party.
Appears in 1 contract
Final Settlement Statement. On or before ninety (90) days after the Closing DateClosing, Buyer will prepare a final settlement statement (the "“Final Settlement Statement"”) will be prepared by Seller, based upon on actual income and expenses during the Interim Period period from and after the Effective Time and which takes into account all known final adjustments to be made to the Purchase Price and shows the resulting adjustments to the final Purchase Price (“Final Price”). The Final Settlement Statement shall set forth the "Final Purchase Price")actual proration of the amounts required by this Agreement and, where possible and reasonable, accompanied by supporting documentation. As soon as practicable, and in any event within thirty (30) days, after receipt of the Final Settlement StatementStatement with such supporting documentation, Seller Buyer shall return a written report containing any proposed changes to such the Final Settlement Statement and an explanation of any such changes and the reasons therefor (a "the “Dispute Notice"”). If the Final Price set forth in the Final Settlement Statement is mutually agreed upon by Seller and Buyer, the Final Settlement Statement and the Final Price Price, shall be final and binding on the parties hereto. Any difference in the Adjusted Purchase Price as paid at Closing pursuant to the Preliminary Settlement Statement and the Final Price shall be paid by the owing party to the owed party within ten (10) days to the owed partyof such mutual agreement. All amounts paid pursuant to this Article 3.6 shall be delivered in United States currency by wire transfer of immediately available funds to the account specified in writing by the relevant party.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Black Elk Energy Finance Corp.)
Final Settlement Statement. On or before ninety (90) 180 days after the Closing DateClosing, Buyer will prepare a final settlement statement (the "“Final Settlement Statement"”) will be prepared by Buyer, based upon on actual income and expenses during the Interim Period and which takes into account all known final adjustments to be made to the Purchase Price (including pursuant to Section 11.1(b), Section 10.2(b) and Section 10.2(f)) and shows the resulting adjustments to the final Purchase Price (“Final Price”). The Final Settlement Statement shall set forth the "Final Purchase Price"actual proration of the amounts required by this Agreement (including Section 2.3). As soon as practicable, and in any event within thirty (30) 30 days, after receipt of the Final Settlement Statement, Seller shall return a written report containing any proposed changes to such the Final Settlement Statement and an explanation of any such changes and the reasons therefor (a "the “Settlement Statement Dispute Notice"”). If the Final Price set forth in the Final Settlement Statement is mutually agreed upon by Seller and Buyer, the Final Settlement Statement and the Final Price Price, shall be final and binding on the parties hereto. Any difference in the Adjusted Purchase Price as paid at Closing pursuant to the Preliminary Settlement Statement and the Final Price shall be paid by the owing party within ten (10) days to the owed party. All amounts paid pursuant to this Article 3.6 Section 3.5 shall be delivered in United States currency by wire transfer of immediately available funds to the account specified in writing by the relevant party.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Carrizo Oil & Gas Inc)
Final Settlement Statement. On or before ninety (90) 150 days after the Closing DateClosing, Buyer will prepare a final settlement statement (the "“Final Settlement Statement"”) will be prepared by Buyer, based upon on actual income and expenses during the Interim Period and which takes into account all known final adjustments to be made to the Purchase Price (including pursuant to Section 11.1(b) and Section 10.2(c)) and shows the resulting adjustments to the final Purchase Price (“Final Price”). The Final Settlement Statement shall set forth the "Final Purchase Price"actual proration of the amounts required by this Agreement (including Section 2.3). As soon as practicable, and in any event within thirty (30) 30 days, after receipt of the Final Settlement Statement, Seller shall return a written report containing any proposed changes to such the Final Settlement Statement and an explanation of any such changes and the reasons therefor (a "the “Settlement Statement Dispute Notice"”). If the Final Price set forth in the Final Settlement Statement is mutually agreed upon by Seller ▇▇▇▇▇▇ and Buyer, the Final Settlement Statement and the Final Price Price, shall be final and binding on the parties hereto. Any difference in the Adjusted Purchase Price as paid at Closing pursuant to the Preliminary Settlement Statement and the Final Price shall be paid by the owing party within ten (10) days to the owed party. All amounts paid pursuant to this Article 3.6 Section 3.5 shall be delivered in United States currency by wire transfer of immediately available funds to the account specified in writing by the relevant party.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Final Settlement Statement. On or before ninety (90) 150 days after the Closing DateClosing, Buyer will prepare a final settlement statement (the "“Final Settlement Statement"”) will be prepared by Buyer, based upon on actual income and expenses during the Interim Period and which takes into account all known final adjustments to be made to the Purchase Price (including pursuant to Section 11.1(b) and Section 10.2(c)) and shows the resulting adjustments to the final Purchase Price (“Final Price”). The Final Settlement Statement shall set forth the "Final Purchase Price"actual proration of the amounts required by this Agreement (including Section 2.3). As soon as practicable, and in any event within thirty (30) 30 days, after receipt of the Final Settlement Statement, Seller shall return a written report containing any proposed changes to such the Final Settlement Statement and an explanation of any such changes and the reasons therefor (a "the “Settlement Statement Dispute Notice"”). If the Final Price set forth in the Final Settlement Statement is mutually agreed upon by Seller and Buyer, the Final Settlement Statement and the Final Price Price, shall be final and binding on the parties hereto. Any difference in the Adjusted Purchase Price as paid at Closing pursuant to the Preliminary Settlement Statement and the Final Price shall be paid by the owing party within ten (10) days to the owed party. All amounts paid pursuant to this Article 3.6 Section 3.5 shall be delivered in United States currency by wire transfer of immediately available funds to the account specified in writing by the relevant party.
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Sources: Purchase and Sale Agreement (Atlas Resource Partners, L.P.)