Available pool definition
Available pool means those funds remaining in the risk pool less any actuarial and other direct administrative costs.
Available pool means an amount not in excess of $2,500,000, as determined by the persons who are members on the date hereof of the Compensation Committee of the Board of Directors of the Company (the “Compensation Committee”), in their sole discretion, based on (1) the achievement of the Company’s financial budget for the 2010 fiscal year during the period from the beginning of the 2010 fiscal year through the Closing and (2) in connection with the transactions contemplated by the Purchase Agreement, (A) successful resolution for the account of both Buyer and Sellers of the following matters described in the Company Disclosure Letter (as defined in the Purchase Agreement): (a) Item 3 of Schedule 3.9(a), Item 1 of Schedule A(ii), Item 1 of Schedule 8.3(c)(ii)(A) and Item 1 of Schedule 9.12(i); (b) Item 14 of Schedule 3.12; (c) Item 7 of Schedule 3.16(a), Item 1 of Schedule A(i) and Items 1 and 2 of Schedule 9.13; and (d) Item 3 of Schedule 3.16(a), Item 2 of Schedule A(ii) and Item 2 of Schedule 9.12(ii) and (B) release of all indemnities without cost to Sellers. The Contingent Additional Payment, if any, shall be paid promptly following (but in no event more than 75 days after) the final determination of indemnification obligations relating to the representations and warranties under the Purchase Agreement.
Available pool means, as of any date of determination, the excess of (i) the GMP and Other Costs plus a reasonable contingency amount for discretionary changes by Aladdin (which amount shall be established by Northwind and provided to Aladdin within thirty (30) days after execution of the EPC Contract(s)), such contingency amount to be reasonably acceptable to Aladdin, as increased by the Cost of Scope Changes theretofore approved by Aladdin over (ii) the estimated total cost of the Work as reflected in Northwind's forecast therefor prepared not more than thirty (30) days preceding the date of authorization of such Northwind Approved Scope Change, which forecast shall reflect all costs theretofore incurred, the cost of then unperformed portions of the Work for which contracts exist and a good faith estimate, in accordance with applicable Codes and Standards, of the costs of all portions of the Work, if any, for which Northwind has not made contractual arrangements.