Performance Deficit definition
Examples of Performance Deficit in a sentence
The Merger Consideration shall be reduced if the consolidated stockholders equity of the Company as of the date immediately preceding the Closing Date results in a "Performance Deficit" as hereinafter determined.
If the Lodging Arbiter determines that Force Majeure occurred in any Fiscal Year within a Determination Period, and absent such Force Majeure condition the Performance Deficit would not exist, then such Fiscal Year shall not be included in any Determination Period.
The performance deficit ("Performance Deficit"), if any, shall be an amount equal to the amount by which the consolidated stockholders equity in the Final Balance Sheet (after any disputes are resolved pursuant to Section 2.04(b)) is less than the sum of (i) $5,008,344 and (ii) $6,149 times the number of days between April 1, 1998 and the Effective Time.
Any Performance Deficit shall reduce the Preliminary Aggregate Merger Consideration by that number of shares of Parent Common Stock determined by dividing the amount of the Performance Deficit by the Closing Price (the "Reduction Amount").