Common use of Protest Notice Clause in Contracts

Protest Notice. Within forty-five (45) days after Buyer’s delivery of the Final Proration Statement to Seller, Seller may deliver written notice (the “Protest Notice”) to Buyer setting forth any objections to the amounts on the Final Proration Statement, and the basis therefor. In the event that Seller does not object within such forty-five (45) day period, the Final Proration Statement shall be final and binding on Buyer and Seller. If Seller delivers a Protest Notice within the prescribed time period, then Seller and Buyer shall use reasonable efforts to resolve any disputes as to the computation of the Final Amount to be Prorated, within twenty (20) days after delivery of the Final Proration Statement.

Appears in 2 contracts

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

Protest Notice. Within forty-five (45) days after Buyer’s or Buyer’s Accountant’s delivery of the Final Proration Net Working Capital Statement to Seller, Seller may deliver written notice (the “Protest Notice”) to Buyer setting forth any objections to the amounts on the Final Proration Net Working Capital Statement, and the basis therefor. In the event that Seller does not object within such forty-five (45) day period, the Final Proration Net Working Capital Statement shall be final and binding on Buyer and Seller. If Seller delivers a Protest Notice within the prescribed time period, then Seller and Buyer shall use reasonable efforts to resolve any disputes as to the computation of the Final Amount to be ProratedNet Working Capital, within twenty (20) days after delivery of the Final Proration Net Working Capital Statement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Paperweight Development Corp)