ADJUSTMENTS IN EXCESS OF ESCROW FUNDS. In the event that the Adjustment for any Earn-Out Period should exceed the amount of the remaining Escrow Funds, the amount of such excess shall be applied as a credit in favor of the Buyer and shall be deducted from the amount otherwise payable by the Buyer as the Year 2 Earn-Out and Year 3 Earn-Out, as applicable. Section 3.5
Appears in 2 contracts
Samples: Asset Purchase Agreement (Magellan Health Services Inc), Asset Purchase Agreement (Magellan Health Services Inc)
ADJUSTMENTS IN EXCESS OF ESCROW FUNDS. In the event that the Adjustment for any Earn-Out Period should exceed the amount of the remaining Escrow Funds, the amount of such excess shall be applied as a credit in favor of the Buyer and shall be deducted from the amount otherwise payable by the Buyer as the Year 2 Earn-Out and Year 3 Earn-Out, as applicable. Section 3.5.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (GHS Inc)
