Positive Amount Clause Samples
The 'Positive Amount' clause defines a term or value that must be greater than zero for certain contractual provisions to apply. In practice, this clause is often used in financial agreements to ensure that payments, adjustments, or obligations are only triggered when the calculated amount is positive, thereby excluding zero or negative values from consideration. Its core function is to prevent the enforcement of contractual duties or rights in situations where the relevant amount is not beneficial or does not represent an actual gain, thus ensuring clarity and fairness in the execution of the contract.
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Positive Amount. In the event the Final PPAA Amount, calculated in accordance with the formula of Section 4.2, and subject to the provisions of Section 4.3, as applicable, is a positive amount, then the amount of the Purchase Price Adjustment shall be paid by Buyer to Hypermarcas. In this event, the Final PPAA Amount shall be considered, for all purposes, an increase of the Purchase Price.
Positive Amount. In the event that after the final adjustments are made in accordance with this Section 7.1(c), (A) the amount paid by Seller pursuant to Section 7.1(b)(ii) above exceeds the actual net obligation of Seller (including because there is an actual net credit owed to Seller) had the final adjustments been known prior to Closing or (B) the amount paid to Seller pursuant to Section 7.1(b)(i) above is less than the actual net credit to Seller had the final adjustments been known prior to Closing (such excess or deficit amount, as applicable, being hereinafter referred to as a “Positive Amount”), then Primary Purchaser promptly shall pay such Positive Amount to Seller, which shall be treated as an adjustment to the Purchase Price.