EBITAM" definition
Examples of EBITAM" in a sentence
The chief financial officer of the Purchaser shall certify the amounts determined and calculations made as set forth in the Adjusted EBITAM Statement are true and correct to the best of his knowledge and belief.
During the 30 days immediately following the delivery of any Notice of Disagreement With Adjusted EBITAM Statement, the Purchaser and the Sellers' Representative shall seek in good faith to resolve in writing any differences which they may have with respect to any matter specified in such Notice of Disagreement With Adjusted EBITAM Statement.
The Adjusted EBITAM Statement shall become final and binding upon the parties on the 31st day following delivery thereof unless the Sellers' Representative gives written notice to the Purchaser of his disagreement with the Adjusted EBITAM Statement (a "NOTICE OF DISAGREEMENT WITH ADJUSTED EBITAM STATEMENT") prior to such date.
During such period, the Sellers' Representative and his accountants shall each have access to the Company's working papers, trial balances and similar materials (including the working papers, trial balances and similar materials of the Company's accountants) prepared in connection with the Purchaser's preparation of the Adjusted EBITAM Statement.
The Adjusted EBITAM Statement, with any adjustments necessary to reflect the Accounting Firm's resolution of the matters in dispute, shall become final and binding on the Parties on the date the Accounting Firm delivers its final resolution to the Parties.
The Earnout shall be payable with respect to the Company's fiscal year ending December 31, 1998 and the amount of the Earnout payment for such fiscal year will be equal to two times the amount (if any) by which the Company's Adjusted EBITAM for such fiscal exceeds $2,200,000; PROVIDED, HOWEVER, that in no event shall the Earnout amount for such fiscal year be more than $1,000,000.
The remaining Earnout (if any) will be paid upon the final determination of the Adjusted EBITAM Statement for the fiscal year ending December 31, 1998 in accordance with this section 2(e), by wire transfer of immediately available funds to an account or accounts designated by the Sellers' Representative in writing.
Any Notice of Disagreement With Adjusted EBITAM Statement shall specify in reasonable detail the nature of any disagreement so asserted.
During such period, the Seller and his accountants shall each have access to the Company's working papers, trial balances and similar materials (including the working papers, trial balances and similar materials of the Purchaser's accountants) prepared in connection with the Purchaser's preparation of the EBITAM Statement.
Any Notice of Disagreement With EBITAM Statement shall specify in reasonable detail the nature of any disagreement so asserted.