Examples of Contested Adjustments in a sentence
The Closing Date Balance Sheet shall be deemed to include all proposed adjustments not disputed by Buyer and those adjustments accepted or made by the decision of the Independent Accountant in resolving the Contested Adjustments.
The Foundation and Purchaser shall promptly endeavor in good faith to resolve their dispute regarding the Contested Adjustments, but if a final resolution thereof is not obtained within ten Business Days after delivery to Purchaser of the Notice of Objection, the resolution of such Contested Adjustments shall be submitted to KPMG LLP (the “Independent Accountant”).
The Foundation and Purchaser shall use their commercially reasonable efforts to cause the Independent Accountant to render a decision in accordance with this Section 1.7(c) along with a statement of reasons therefor within 30 days of the submission of the Contested Adjustments, or as promptly as practicable thereafter.
The Independent Accountant shall act as an arbitrator to determine, based upon the provisions of this Section 1.7(c), only the Contested Adjustments and the determination of each amount of the Contested Adjustments shall be made in accordance with the procedures set forth in Section 1.7(b) hereof.
The Independent Accountant’s determination of the Contested Adjustments shall not be higher than the highest amounts or lower than the lowest amounts proposed by the Parent and the Stockholders’ Representative.