Aggregate Capital Expenditures definition
Examples of Aggregate Capital Expenditures in a sentence
If Seller and Buyer are not able to mutually agree on a determination of the Aggregate Capital Expenditures Amount within the period specified above, Buyer and Seller shall jointly retain an Accounting Referee to resolve the dispute in accordance with the procedures set forth in Section 2.11.
Aggregate Capital Expenditures for the Fiscal Quarter just ended and the immediately preceding 3 Fiscal Quarters shall not exceed $7,000,000.
As promptly as practicable after the Closing Date, but in no event later than ninety (90) days after the Closing Date, the Buyer shall also prepare and deliver to the Sellers’ Representative a statement setting forth (in reasonable detail) a good faith calculation (together with reasonably detailed supporting information) of the Buyer’s calculation of the Aggregate Capital Expenditures (the “CapEx Closing Statement”).
Within five (5) Business Days following receipt of the Accounting Arbitrator’s written determination of the Aggregate Capital Expenditures and/or the Aggregate Operating Expenditures and/or Aggregate Prepaid Amount and/or the Aggregate Gathering Fee, Buyer and Seller will perform a true-up as described in Sections 2.3.2(c)-(f).
If the Final Aggregate Capital Expenditures Amount exceeds the Estimated Aggregate Capital Expenditures Amount, Buyer shall pay promptly to Seller, without offset or deduction, the amount of such excess to such account or accounts as may be designated by Seller.
The Company has no liabilities of any nature except (a) liabilities that are accrued or reserved against in the Balance Sheet, (b) liabilities that were incurred in the ordinary course of business since March 31, 2013, (c) liabilities that are set forth in Schedule 3.18, (d) the Excluded Liabilities or (e) any Aggregate Capital Expenditures or Aggregate Operating Expenditures that have been incurred from and after April 1, 2013.
If the Estimated Aggregate Capital Expenditures Amount exceeds the Final Aggregate Capital Expenditures Amount, Seller shall promptly pay to Buyer, without offset or deduction, the amount of such excess to such account or accounts as may be designated by Buyer.
If Buyer fails to deliver an Objection Notice within such 30-day period, then Buyer will be deemed to have accepted Seller’s determination of the Aggregate Capital Expenditures, the Aggregate Operating Expenditures, the Aggregate Prepaid Amount and the Aggregate Gathering Fee as set forth on the Closing Statement.
Aggregate Capital Expenditures of Borrower and its Subsidiaries calculated for the period of four consecutive fiscal quarters just ended $ — C.
Subject to any other amounts payable to the Buyer out of the Adjustment Escrow Account under this Section 1.3, once the amount of each of (A) the Aggregate Capital Expenditures and (B) the Final Closing Statement is fully and finally determined, any remaining amounts in the Adjustment Escrow Account will be paid to the Sellers’ Representative for further distribution to the Equity Sellers in accordance with their respective Pro Rata Interests.