Common use of Cash; Etc Clause in Contracts

Cash; Etc. At the close of business on the last business day prior to the Closing Date, Seller and Buyer shall take a physical count of the Inventory and the Xxxxx Cash on hand at the Cinema (the “Xxxxx Cash”). The Xxxxx Cash on hand shall be valued at its face value, and shall be paid for separately at the Closing. As of Closing Date Seller had pre-sold tickets for use by customers of the Cinema in the ordinary course of business (“Pre-Sold Tickets”). If the use by customers of the Cinema of Pre-Sold Tickets shall exceed One Hundred Dollars ($100.00) in the aggregate during the twelve (12) months following the Closing Date (the “Pre-Sold Ticket Threshold”), Buyer shall deliver to Seller, for each calendar month during such period, after the Pre-Sold Ticket Threshold shall have been met, a notice indicating the amount of Pre-Sold Tickets used during the month in excess of the Pre-Sold Ticket Threshold, together with reasonable documentation evidencing same, and Seller shall pay to Buyer such amount within 30 days after Seller’s receipt of such notice. Seller shall not be required to reimburse Buyer for any Pre-sold Tickets used by customers after the date that is twelve (12) months following the Closing Date.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Digital Cinema Destinations Corp.), Asset Purchase Agreement (Digital Cinema Destinations Corp.), Asset Purchase Agreement (Digital Cinema Destinations Corp.)

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Cash; Etc. At the close of business on the last business day prior to the Closing Date, Seller and Buyer shall take a physical count of the Inventory and the Xxxxx Pxxxx Cash on hand at the Cinema (the “Xxxxx Pxxxx Cash”). The Xxxxx Pxxxx Cash on hand shall be valued at its face value, and shall be paid for separately at the Closing. As of Closing Date Date, Seller had pre-sold tickets for use by customers of the Cinema in the ordinary course of business (“Pre-Sold Tickets”). If the use by customers of the Cinema of Pre-Sold Tickets shall exceed One Hundred Dollars ($100.00) in the aggregate during the twelve (12) months following the Closing Date (the “Pre-Sold Ticket Threshold”), Buyer shall deliver to Seller, for each calendar month during such period, after the Pre-Sold Ticket Threshold shall have been met, a notice indicating the amount of Pre-Sold Tickets used during the month in excess of the Pre-Sold Ticket Threshold, together with reasonable documentation evidencing same, and Seller shall pay to Buyer such amount within 30 days after Seller’s receipt of such notice. Seller shall not be required to reimburse Buyer for any Pre-sold Tickets used by customers after the date that is twelve (12) months following the Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Digital Cinema Destinations Corp.)

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Cash; Etc. At the close of business on the last business day prior to the Closing Date, Seller and Buyer shall take a physical count of (i) the Inventory and the Xxxxx Cash pxxxx cash on hand at the Cinema (the “Xxxxx Pxxxx Cash”). The Xxxxx Pxxxx Cash on hand shall be valued at its face value, and . The Purchase Price shall be paid for separately adjusted, as described in Section 2.6(a), by the amount of Pxxxx Cash on hand at the ClosingCinema. As If the use by customers of Closing Date Seller had pre-sold tickets for use sold by customers of the Cinema Seller in the ordinary course of business (“Pre-Sold Tickets”). If the use by customers of the Cinema of Pre-Sold Tickets ) shall exceed One Hundred Dollars ($100.00) in the aggregate during the twelve (12) months following the Closing Date (the “Pre-Sold Ticket Threshold”), Buyer shall deliver to Seller, for each calendar month quarter during such period, period after the Pre-Sold Ticket Threshold shall have has been met, a notice indicating the amount of Pre-Sold Tickets used during the month in excess of the Pre-Sold Ticket Threshold, together with reasonable documentation evidencing same, and Seller shall pay to Buyer such amount within 30 days after Seller’s receipt of such notice. Seller shall not be required to reimburse Buyer for any Pre-sold Tickets used by customers after the date that is twelve (12) months following the Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Digital Cinema Destinations Corp.)

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