Payment by the Buyer. If the Purchase Price as finally determined pursuant to Section 2.04(a) exceeds the Estimated Purchase Price by more than $250,000, then within five (5) Business Days after such final determination, the Buyer shall pay to the Securityholder Representative (on behalf of the Securityholders in accordance with their respective Securityholder Allocation Percentages), by wire transfer or delivery of other immediately available funds, an amount equal to the amount by which such excess exceeds $250,000; provided, however, that in lieu of any distribution of such amount to the Securityholders, the Securityholder Representative, in its sole discretion, may retain all or any portion of such amounts as part of the Reserve Account.
Payment by the Buyer. In the event that this Agreement is terminated by Seller pursuant to Section 8.1(b)(i) or Section 8.1(d), the Buyer shall promptly, but in no event later than five (5) Business Days after the date of such termination, pay Seller the Termination Fee.
Payment by the Buyer. If the Purchase Price as finally determined pursuant to Section 2.04(a) exceeds the Estimated Purchase Price, then within five (5) Business Days after such final determination thereof the Buyer shall pay to the Seller, by wire transfer or delivery of other immediately available funds to an account designated by the Seller to the Buyer, an amount in cash equal to the amount by which the Purchase Price as finally determined exceeds the Estimated Purchase Price.
Payment by the Buyer. At the Closing, the Buyer shall deliver to the Seller by wire transfer of immediately available funds an aggregate amount equal to $35,734,871(the “Purchase Price”).
Payment by the Buyer. If the Merger Consideration as finally determined pursuant to Section 3.03(a) exceeds the Estimated Merger Consideration, within five (5) business days after such final determination thereof the Buyer shall pay to the Representative (on behalf of the Holders), by wire transfer or delivery of other immediately available funds, an amount equal to such excess plus simple interest thereon from the Closing Date to the date of payment at an interest rate equal to 3% per annum by wire transfer or delivery of other immediately available funds.
Payment by the Buyer. If the final Cash Purchase Price as determined in accordance with Section 3.4(b) is greater than the Closing Cash Payment Amount, then within five (5) business days after the final determination of the final Cash Purchase Price, Buyer shall pay to Seller, by wire transfer or delivery of other immediately available funds, an amount equal to the product of such difference plus simple interest thereon from the Closing Date to the date of payment at an interest rate equal to 5.0% per annum; and
Payment by the Buyer. If the Final Closing Working Capital is greater than the Estimated Closing Working Capital, then the Buyer shall, within three (3) Business Days after the determination of the Final Closing Working Capital in accordance with Section 1.4(b), pay an amount of cash in the aggregate equal to (i) the Final Closing Working Capital, less (ii) the Estimated Closing Working Capital, by wire transfer of immediately available funds, to the Sellers’ Representative (for further delivery to the Sellers in accordance with their respective Fractions).
Payment by the Buyer. If the Final Purchase Price exceeds the Closing Purchase Price, the Buyer shall, within five (5) business days after the date the Final Purchase Price is determined under Section 2.2, deliver to the Sellers’ Committee a wire transfer of immediately available funds in an aggregate amount equal to the Final Purchase Price minus the Closing Purchase Price. Such payment shall be distributed by the Sellers’ Committee to the Sellers in accordance with their Pro Rata Share of such amount.
Payment by the Buyer. If (A) the Actual Closing Working Capital, plus the Actual Closing Cash and Cash Equivalents, minus the Actual Unpaid Company Fees and Expenses, exceeds (B) the Estimated Closing Working Capital, plus the Estimated Closing Cash and Cash Equivalents, minus the Estimated Unpaid Company Fees and Expenses (the amount of such excess being the “Excess Amount”), then the Net Purchase Price will be increased by such Excess Amount, and Buyer shall, within five (5) Business Days after the determination thereof, pay to Seller an amount equal to such Excess Amount. Such payment shall be made to Seller in cash, by cashier’s or certified check, or by wire transfer of immediately available funds to one or more accounts designated by Seller.
Payment by the Buyer. If the Actual Common Purchase Price is greater than the Estimated Common Purchase Price, within five (5) business days after the final determination of the Actual Common Purchase Price the Buyer shall pay to the Stockholders’ Representative (on behalf of each Stockholder in accordance with their respective Allocation Percentages), by wire transfer or delivery of other immediately available funds, an amount equal to such difference plus simple interest thereon from the Closing Date to the date of payment at an interest rate equal to 8.25%.
