FEEUM definition
Examples of FEEUM in a sentence
The Buyer shall make all accounting books or records on which FEEUM and the First Earn Out Payment and Second Earn Out Payment is to be based, or from which it is to be derived, available for the determination or verification of FEEUM or the First Earn Out Payment or Second Earn Out Payment in accordance with the terms of this Agreement.
If, on the date that is twelve (12) months following the Closing Date, DCP II has not received at least $6 billion in FEEUM, the Co-Issuers (or the Manager on their behalf) shall instruct the Indenture Trustee to use all amounts on deposit in the Escrow Account to make a prepayment of principal on the Offered Notes, and the Indenture Trustee shall use such funds to make such Prepayment.
If, on any date prior to the date that is twelve (12) months after the Series 2021-1 Closing Date, DCP II obtains commitments with respect to at least $6 billion in FEEUM, the Co-Issuers (or the Manager on their behalf) shall instruct the Indenture Trustee, in writing, to release all amounts on deposit in the Escrow Account to the Co-Issuers, and the Indenture Trustee shall release such funds to the Co-Issuers within two (2) Business Days of such instruction.
Any Earnout Payment shall be paid by Purchaser, by wire transfer of immediately available funds to an account designated by Seller, on the later of (i) the date set forth in Section 2.6(a) or Section 2.6(b), as applicable, or (ii) promptly after the final determination of FEEUM and the applicable Earnout Payment pursuant to Section 2.6(j).
All determinations of the Accounting Expert with respect to FEEUM, the applicable Earnout Payment and the Earnout Statement shall be final, conclusive and binding on Seller and Purchaser, and neither Seller nor Purchaser shall have the right to appeal such determinations absent arithmetic error by the Accounting Expert or actual fraud.