Net Tangible Equity definition
Examples of Net Tangible Equity in a sentence
The Purchase Price shall then be either (i) increased by the amount by which the Net Tangible Equity of ATI (as defined below) as calculated from the Closing Balance Sheet exceeds a deficit of $1,989,000; or (ii) decreased by the amount by which a deficit of $1,989,000 exceeds the Net Tangible Equity of ATI as calculated from the Closing Balance Sheet (such amount, as the case may be, the "Closing Price Adjustment").
If no such written notice is timely furnished by Ft. ▇▇▇▇, Ft. ▇▇▇▇ shall be deemed to have accepted in total the Buyer’s calculations of the Net Tangible Equity Adjustment and the License Fee.
The Closing Date Statement of Net Tangible Equity, as modified by any adjustments determined to be appropriate by the Referee, shall then be the Closing Schedule.
In the event such cash is not remitted to Seller, the parties agree that such cash shall be included as a Purchased Asset for purposes of the calculation of Net Tangible Equity on the Closing Schedule.
Purchaser and Seller and their respective representatives will jointly determine the time of, and will observe and participate in, all physical inventories taken in connection with the preparation of the Final Balance Sheet and Closing Date Statement of Net Tangible Equity.
Closing Date Net Tangible Equity shall be calculated in accordance with GAAP on a basis consistent with the May 31, 2015 Balance Sheet.
Net Tangible Equity Capital is defined as total equity capital less any intangible assets, measured at the end of each calendar quarter, beginning 12/31/09.
The Final 1/31 Balance Sheet, the Final Pre-Closing Balance Sheet, the Final 1/31 Net Tangible Equity, the Final Pre-Closing Net Tangible Equity, the Additional Holdback Amount and the Holdback Surplus Amount shall not be audited, but shall be prepared in accordance with GAAP consistently applied and in a manner consistent with the Financial Statements (provided, that in the event of a conflict between GAAP and the Financial Statements, GAAP shall prevail).
In the event that the Closing Net Tangible Equity is more than the Estimated Net Tangible Equity used for purposes of determining the Purchase Price pursuant to Section 2.5(a) hereof, then the amount of the Purchase Price, as previously determined pursuant to Section 2.5(a) hereof, shall be increased by the amount by which the Closing Net Tangible Equity is more than the Estimated Net Tangible Equity.
The Pre-Closing Balance Sheet, Estimated Pre-Closing Net Tangible Equity, Estimated 1/31 Balance Sheet and Estimated 1/31 Net Tangible Equity shall not be audited, but shall be prepared in accordance with GAAP consistently applied and in a manner consistent with the Financial Statements (provided, that in the event of a conflict between GAAP and the Financial Statements, GAAP shall prevail).