Excess Purchase Price definition

Excess Purchase Price means, with respect to any Acquisition, the amounts allocated to the tangible and intangible assets of the target or seller in excess of the value of the tangible assets of such target or seller as recorded immediately prior to such Acquisition.

Excess Purchase Price. With respect to each of the first six Distribution Dates and any First Payment Default Loan repurchased by the Transferor pursuant to a Transfer Agreement, the excess of (i) Transferor Purchase Price paid for such First Payment Default Loan over (ii) the Purchase Price for such First Payment Default Loan.

Excess Purchase Price is defined in Section 2.6(e).

Examples of Excess Purchase Price in a sentence

• Id. at *3; see also supra at 12 (discussing the Excess Purchase Price provision of the October 5, 2011 Limitation Agreement).

• Accordingly, because neither the Excess Purchase Price provision nor the “surrounding circumstances” of the Limitation Agreement express an “objective manifestation of intent to benefit” Defendants through the provision, Defendants are not third-party beneficiaries to the provision.

• Hickman, 695 N.W.2d at 370 n.7.Third, as a practical matter, even assuming Defendants were third-party beneficiaries to the Excess Purchase Price provision, and were thus entitled to directly seek indemnification from Rode in the amount of their losses to DOL, Defendants would almost certainly be unable to enforce the provision.

• On March 13, 2019, the Directors filed a materially identical third-party complaint against Rode, arguing that they, too, were “third-party beneficiaries” to the Excess Purchase Price provision.

• Rather, the Court is simply observing that, no matter how one cuts it, the ESOP is the only party legally entitled to enforce the Excess Purchase Price provision against Kuban.c. Promissory Estoppel and ERISA Co-Fiduciary Liability Finally, Defendants also advance claims of “promissory estoppel” and, in the case of the Director Defendants, “co-fiduciary liability” under ERISA.

More Definitions of Excess Purchase Price

Excess Purchase Price has the meaning set forth in Section 2.08(b).

Excess Purchase Price payable in accordance with Section 2.6(f); and

Excess Purchase Price shall have the meaning ascribed to it in Exhibit J.

Excess Purchase Price shall have the meaning specified in Section 3.01(a) of the Receivables Purchase Agreement.

Excess Purchase Price. Defined in the Fee Letter.

Excess Purchase Price. With respect to any First Payment Default Loan repurchased by Option One pursuant to Section 3.06 of the Option One Agreement, the excess of (i) Option One Purchase Price paid for such First Payment Default Loan over (ii) the Purchase Price for such First Payment Default Loan, as reported by the Master Servicer to the Securities Administrator.

Excess Purchase Price shall have the meaning ascribed to it in Exhibit VII.