Common use of Final Working Capital Statement Clause in Contracts

Final Working Capital Statement. (i) On the Closing Date, Sellers and Purchaser shall conduct a physical count of Working Capital and as soon as practicable thereafter but in any event no later than ninety (90) days after the Closing Date, Sellers shall determine the aggregate value of the Working Capital as of the Closing based upon such physical count and in accordance with Schedule 3.3(b)(i), and deliver to Purchaser a statement containing such calculation (the “Draft Working Capital Statement”).

Appears in 1 contract

Samples: Sale and Purchase Agreement (PBF Holding Co LLC)

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Final Working Capital Statement. Within sixty (i) On the Closing Date, Sellers and Purchaser shall conduct a physical count of Working Capital and as soon as practicable thereafter but in any event no later than ninety (9060) days after the Closing Date, Sellers each of Purchaser and Seller shall determine cause to be prepared and delivered to the aggregate value of other party a working capital statement (each a “Final Working Capital Statement”), setting forth the Net Working Capital as of the Closing based upon such physical count and Date (the “Final Working Capital”). Each Final Working Capital Statement shall be prepared in accordance with Schedule 3.3(b)(i)the same accounting principles, practices, methodologies and deliver to Purchaser a statement containing such calculation (policies used in the “Draft preparation of the Target Working Capital Statement”).

Appears in 1 contract

Samples: Asset Purchase Agreement (Polyone Corp)

Final Working Capital Statement. (i) On the Closing Date, Sellers and Purchaser shall conduct a physical count of Working Capital and as soon as practicable thereafter but in any event no later than ninety (90) Within 60 days after the Closing Date, Sellers Buyer shall determine cause to be prepared and delivered to Seller a working capital statement (the aggregate value of “Final Working Capital Statement”) setting forth the Net Working Capital as of the Closing based upon such physical count and Date (the “Final Working Capital”). The Final Working Capital Statement shall be prepared in accordance with Schedule 3.3(b)(i), and deliver to Purchaser a statement containing such calculation (the “Draft Working Capital Statement”)GAAP.

Appears in 1 contract

Samples: Asset Purchase Agreement (Axsys Technologies Inc)

Final Working Capital Statement. (i) On the Closing Date, Sellers and Purchaser shall conduct a physical count of Working Capital and as soon as practicable thereafter but in any event no later than Within ninety (90) days after the Closing Date, Sellers shall determine the aggregate value Buyer will prepare and deliver, or cause to be prepared and delivered, to the Seller Representative a statement (the “Final Working Capital Statement”) setting forth the calculation of the Net Working Capital as of the Closing based upon such physical count and in accordance with Schedule 3.3(b)(i), and deliver to Purchaser a statement containing such calculation (the “Draft Final Working Capital StatementCapital).) prepared using the accounting methods, practices, principles, policies, and procedures employed in the preparation of Exhibit D.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hillman Companies Inc)

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Final Working Capital Statement. (i) On the Closing Date, Sellers and Purchaser shall conduct a physical count of Working Capital and as As soon as practicable thereafter practicable, but in any no event no later than ninety seventy-five (9075) days after the Closing Date, Sellers Purchaser shall determine deliver to the aggregate value Seller Representative a statement (the “Working Capital Statement”) of the Net Working Capital as of the close of business on the day immediately preceding the Closing based upon such physical count Date without giving effect to any of the transactions contemplated hereby and determined in accordance with Schedule 3.3(b)(i), and deliver to Purchaser a statement containing such calculation the Applicable Accounting Principles (the “Draft Final Working Capital StatementCapital”), together with related supporting schedules, calculations and documentation.

Appears in 1 contract

Samples: Securities Purchase Agreement (ExlService Holdings, Inc.)

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