Net Value Amount definition
Examples of Net Value Amount in a sentence
If the relevant Final Net Value Amount exceeds the relevant Estimated Net Value Amount paid by Buyer to Seller, Buyer shall, promptly following the final and binding determination of the relevant Final Net Value Amount in accordance with this Section 3.2(a), pay Seller an amount equal to the excess of the relevant Final Net Value Amount over the relevant Estimated Net Value Amount paid by Buyer to Seller.
The accounting firms selected by any of the means provided above shall each be referred to herein as the "Net Value Accountant." The relevant Net Value Accountant shall act as arbitrator and resolve the disputed portions of the calculation of the relevant Net Value Amount set forth in the relevant Post-Closing Net Value Statement.
During the 10 business day period immediately following the date of delivery of a Net Value Dispute Notice to Seller (each, a "Net Value Dispute Notice Date"), Seller and Buyer shall attempt in good faith to resolve any such dispute and finally determine the correct Net Value Amount as of the relevant Closing Date.
Absent manifest error, such report shall be final and binding upon the Seller and Buyer as to the relevant Net Value Amount as of the relevant Closing Date, which such relevant Net Value Amount set forth in the Net Value Accountant's report shall be the "Final Net Value Amount" for purposes of this Agreement with respect to the relevant Closing Date, and may be enforced in any court having jurisdiction.
The calculation of the relevant Estimated Net Value Amount as set forth in such Estimated Net Value Statement shall be determinative for purposes of the payment of the relevant Estimated Net Value Amount on the relevant Closing Date.
The Net Value Accountant shall deliver to Buyer and Seller, as promptly as practicable after its appointment (but in no event more than 30 business days following its appointment), a written report setting forth the resolution of each disputed matter and its determination of the relevant Net Value Amount as of the relevant Closing Date as determined in accordance with the terms of this Agreement.
The calculation of the relevant Seller Net Value Amount as set forth in such Post-Closing Net Value Statement shall be determinative as to the relevant Final Net Value Amount for all purposes of this Agreement, subject to the rights of Buyer as set forth below in this Section 3.2(a)(ii).
Seller shall deliver a draft of such Allocation within 60 days following the date that the last Final Net Value Amount has been determined in accordance with Section 3.2(a).