Common use of Utilities Proration Clause in Contracts

Utilities Proration. Purchaser shall be solely responsible for all utility charges with respect to the System on and after the Closing Date. Seller shall use commercially reasonable efforts to have meters for electricity, telephone, gas and water read as of the close of business on the day before the Closing Date or the opening of business on the Closing Date and for bills to be rendered to Seller based upon such readings. To the extent such meter readings are not used as the basis for calculating all such charges, the electricity, telephone, gas and water utility charges shall be pro-rated as of the closing of business on the Closing Date between Seller and Purchaser (based upon the number of days in applicable pre-Closing and post-Closing periods).

Appears in 3 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement

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Utilities Proration. Purchaser Buyer shall be solely responsible for all utility charges with respect to the System Business on and after the Closing Date. Seller Sellers shall use commercially reasonable efforts to have meters for electricity, telephone, gas and water read as of the close of business on the day before the Closing Date or the opening of business on the Closing Date and for bills to be rendered to Seller Sellers based upon such readings. To the extent such meter readings are not used as the basis for calculating all such charges, the electricity, telephone, gas and water utility charges shall be pro-rated as of the closing opening of business on the Closing Date between Seller Sellers and Purchaser Buyer (based upon the number of days in applicable pre-Closing and post-Closing periods.).

Appears in 2 contracts

Samples: Asset Purchase Agreement (Haynes International Inc), Asset Purchase Agreement (Haynes International Inc)

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Utilities Proration. Purchaser shall be solely responsible for all utility charges with respect to the System Business on and after the Closing Date. Seller shall use commercially reasonable efforts to have meters for electricity, telephone, gas and water read as of the close of business on the calendar day before prior to the Closing Date or the opening of business on the Closing Date and for bills to be rendered to Seller based upon such readings. To the extent such meter readings are not used as the basis for calculating all such charges, the electricity, telephone, gas and water utility charges shall be pro-rated as of the closing opening of business on the Closing Date between Seller and Purchaser (based upon the number of calendar days in applicable pre-Closing and post-Closing periods).

Appears in 1 contract

Samples: Asset Purchase Agreement (Coachmen Industries Inc)

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