Neutral Arbiter definition

Neutral Arbiter means such independent accounting firm as Seller and Buyer mutually agree in writing; provided, if Buyer and Seller are unable to mutually agree upon such an accountant within a ten (10) day period, then Buyer and Seller shall each select a nationally recognized accountant and within five (5) days after their selection, those two accountants shall select a third nationally recognized accountant, which third accountant shall act as the Neutral Arbiter.
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Neutral Arbiter means such independent accounting firm as Sellers and Buyer mutually agree in writing.
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Neutral Arbiter means the “big four” accounting firm mutually agreed to by the Seller and Buyer in writing (it being acknowledged and agreed that at the time of determination such accounting firm shall not be providing audit services to the Seller, Buyer and/or any of their respective Subsidiaries); provided, if Buyer and the Seller are unable to mutually agree upon such an accountant within a ten day period, then Buyer and the Seller shall each select a nationally recognized accountant and within five days after their selection, those two accountants shall select a third nationally recognized accountant, which third accountant shall act as the Neutral Arbiter.
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Examples of Neutral Arbiter in a sentence

  • The fees and expenses of the Neutral Arbiter shall be allocated to be paid by Buyer, on the one hand, and/or the Seller, on the other, based upon the percentage which the portion of the contested amount not awarded to each party bears to the amount actually contested by such party, as determined by the Neutral Arbiter.

  • If any Item of Dispute remains unresolved for a period of twenty days after Buyer’s receipt of the Dispute Notice, Buyer or the Seller may submit the Item of Dispute to the Neutral Arbiter.

  • Any disputes regarding such revisions to the Allocation Schedule shall be resolved by the Neutral Arbiter.

  • The Neutral Arbiter will determine the allocation of its costs and expenses based on the inverse of the percentage which its award (before such allocation) bears to the total amount of the total items in arbitration as originally submitted to it.

  • The determination of the Neutral Arbiter shall be final, binding and conclusive.

  • Buyer and the Seller shall request that the Neutral Arbiter render a determination as to each unresolved Item of Dispute within thirty days after its retention, and the Parties shall cooperate fully with the Neutral Arbiter so as to enable it to make such determination as quickly and as accurately as practicable.

  • If Buyer and Sellers’ Representative are unable to reach such agreement during such period, they shall promptly thereafter cause the Neutral Arbiter promptly to review the disputed items or amounts for the purpose of calculating Closing Current Assets and Closing Current Liabilities in accordance with the provisions of this Agreement.

  • Buyer and Seller agree to execute, if requested by the Neutral Arbiter, a customary engagement letter.

  • Accordingly, by way of example, should the items in arbitration total in amount to $1,000 and the Neutral Arbiter awards $600 in favor of the Sellers’ Representative’s position, 60% of the costs and expenses would be assessed against Buyer and 40% of the costs and expenses would be assessed against the Sellers.

  • In reaching its determination, the only alternatives available to the Neutral Arbiter will be to (i) accept the position of Buyer, (ii) accept the position of the Sellers’ Representative or (iii) determine a position between those two positions.


More Definitions of Neutral Arbiter

Neutral Arbiter means KPMG or, if KPMG cannot or does not agree to serve, another independent accounting firm mutually acceptable to Buyer and the Seller.
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Neutral Arbiter means such independent accounting firm as Seller and Buyer mutually agree in writing; provided, if Buyer and Seller are
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Neutral Arbiter means McGladrey or such other independent accounting firm as Sellers’ Representative and Buyer mutually agree in writing; provided, if Buyer and the Sellers’ Representative are unable to mutually agree upon such an accountant within a ten calendar day period, then Buyer and the Sellers’ Representative shall each select a nationally recognized accountant and within five calendar days after their selection, those two accountants shall select a third nationally recognized accountant, which third accountant shall act as the Neutral Arbiter.
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Related to Neutral Arbiter

  • Arbiter has the meaning set forth in Section 2.3(c).

  • UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission on International Trade Law;

  • Neutral Accountant means a national independent accounting firm selected by Buyer and reasonably acceptable to Sellers.

  • Mediator has the meaning given to it in clause 9.3.1

  • Arbitrators has the meaning set forth in Section 9.2(iii).