4Purchase Price Clause Samples

4Purchase Price. The aggregate purchase price payable by Buyer to Seller for the Purchased Assets is equal to five million dollars ($5,000,000) (the “Base Purchase Price”), subject to adjustment in accordance with the provisions of Section 2.5, Section 2.6 and Section 2.7, plus the Earnout Amount if payable pursuant to Section 2.8 (the “Purchase Price”).

4Purchase Price. PURSUANT TO SCHEDULE 1.4(c) (the "Purchase Price").

4Purchase Price. In consideration of the conveyance by Seller to Purchaser of Seller’s right, title and interest in and to the Properties, Purchaser agrees to pay to Seller the sum of Twelve Million Two Hundred Seventy-Five Thousand and No/100 Dollars ($12,275,000.00) for the 12907 Property (the “12907 Purchase Price”), the sum of Nine Million One Hundred Seventy Five Thousand and No/100 Dollars ($9,175,000.00) for the 10509 Property (the “10509 Purchase Price”) and the sum of Seven Million Six Hundred Thousand and No/100 Dollars ($7,600,000.00) for the 13231 Property (the “13231 Purchase Price”); provided, however, Purchaser shall have the right to reallocate the Purchase Price for each of the Properties in Purchaser’s commercially reasonable discretion, provided, the Purchase Price for any of the Properties shall not deviate by more than three percent (3%) from the Purchase Price for such Property stated above. The 12907 Purchase Price, the 10509 Purchase Price and the 13231 Purchase Price collectively equal the sum of Twenty Nine Million Fifty Thousand and No/100 Dollars ($29,050,000.00) which is hereinafter referred to as the “Purchase Price”.

4Purchase Price. (a) The purchase price for the Purchased Shares (the “Purchase Price”) shall be [Ninety-Eight Million Dollars ($98,000,000]). (b) Payment of the Purchase Price is subject to the matters contained in Articles 6 and 7 being satisfied prior to or at Closing. (c) The amount due hereunder may be increased pursuant to the following. ACE Cogeneration Company is currently a party to a Standard Offer No. 4 Power Purchase Contract dated as of April 15, 1985 (as amended, the “ACE PPA”), with Southern California Edison (“SCE”), pursuant to which the ACE Project is currently paid the SCE “Short Run Avoided Cost” (“SRAC”) for all electric energy delivered. As of the date hereof, payment for the electric power generated and delivered under SRAC reflects the cost of a Transmission Loss Factor. The California Public Utility Commission (“CPUC”) has directed SCE and the other public utilities under its jurisdiction, upon satisfaction of certain future conditions, to transition payments for energy to a price derived from California Power Exchange prices. The CPUC has issued an opinion that upon this transition all Qualifying Facilities within California will be responsible for bearing the cost of project-specific transmission losses. These would exist in the form of, or form similar to, the “Generator Meter Multiplier” (the “GMM”) currently employed by the California Independent System Operator (“ISO”). The economic effect of the GMM, if applied, would be to reduce the amount of electric power being paid for by SCE. The parties to this Agreement recognize that a party may elect, for economic reasons, to terminate or amend its applicable power purchase agreement with SCE, freeing such party’s electric generating facility to deliver energy within the wholesale market to potential buyers and thereby subjecting itself to application of the GMM. The parties to this Agreement recognize that the Purchase Price has been negotiated based upon a certain allocation of these risks and hereby agree that the Purchase Price shall be increased as follows: (i) if the GMM is applied to energy delivered by the ACE Project during the period on or before December 31, 2004, solely and directly as a result of the voluntary action of the Purchaser or any of the Subsidiaries to amend or terminate the ACE PPA, then Purchaser shall pay Seller either (a) the sum of $2,000,000, if the GMM is first applied to energy delivered by the ACE Project on or before December 31, 2001, or (b) the sum of $1,000,000,...