ERC definition
Examples of ERC in a sentence
The Stockholders shall be entitled to directly communicate with the IRS regarding any ERC, without providing any notice or obtaining any consent of Purchaser or any other person, whether before or after the Closing Date.
If any ERC is paid after the Closing, and the Purchaser shall promptly pay the full amount of the ERC received (or cause the full amount of the ERC received to be paid) to the Stockholders, in immediately available funds, on a pro rata basis (as based on the Stockholders’ previously-held Allocated Shares).
No ERC payment shall constitute, reduce, or otherwise affect the Aggregate Merger Consideration, nor be subject to any right of setoff.
If any ERC is paid after the date of this Agreement, but prior to the Closing, the Company shall be entitled to distribute such payment to the Stockholders on a pro rata basis.