Common use of Fees and Expenses of Accounting Firm Clause in Contracts

Fees and Expenses of Accounting Firm. The fees, costs and expenses of the Accounting Firm shall be allocated between the Buyer, on the one hand, and the Sellers, on the other hand, based upon the percentage which the portion of the Disputes not awarded to each party bears to the amount actually contested by such party. For example, if the Representative claims that the appropriate adjustments are $1,000 greater than the amount determined by the Buyer and if the Accounting Firm ultimately resolves the Dispute by awarding to the Representative $300 of the $1,000 contested, then the fees, costs and expenses of the Accounting Firm will be allocated 30% (i.e., $300 ÷ $1,000) to the Buyer and 70% (i.e., $700 ÷ $1,000) to the Sellers.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Evercore Partners Inc.), Purchase and Sale Agreement (Evercore Partners Inc.)

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Fees and Expenses of Accounting Firm. The fees, costs and expenses of the Accounting Firm shall be allocated between the BuyerBuyers, on the one hand, and the Sellers, on the other hand, based upon the percentage by which the portion of the Disputes not awarded to each party bears to the amount actually contested by such party. For example, if the Sellers’ Representative claims that the appropriate adjustments are $1,000 greater than the amount determined by the Buyer Buyers’ Parent and if the Accounting Firm ultimately resolves the Dispute by awarding to the Sellers’ Representative $300 of the $1,000 contested, then the fees, costs and expenses of the Accounting Firm will be allocated 30% (i.e., $300 ÷ $1,000) to the Buyer Buyers and 70% (i.e., $700 ÷ $1,000) to the Sellers.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Tredegar Corp), Purchase and Sale Agreement (Tredegar Corp)

Fees and Expenses of Accounting Firm. The fees, costs and expenses of the Accounting Firm shall be allocated between the BuyerParent, on the one hand, and the SellersAPSLP, on the other hand, based upon the percentage which the portion of the Disputes not awarded to each party bears to the amount actually contested by such party. For example, if the Representative APSLP claims that the appropriate adjustments are $1,000 greater than the amount determined by the Buyer Parent and if the Accounting Firm ultimately resolves the Dispute by awarding to the Representative APSLP $300 of the $1,000 contested, then the fees, costs and expenses of the Accounting Firm will be allocated 30% (i.e., $300 ÷ $1,000) to the Buyer Parent and 70% (i.e., $700 ÷ $1,000) to the SellersAPSLP.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Universal American Corp.)

Fees and Expenses of Accounting Firm. The fees, costs and expenses of the Accounting Firm shall be allocated between the Buyer, on the one hand, and the SellersSeller, on the other hand, based upon the percentage which the portion of the Disputes not awarded to each party bears to the amount actually contested by such party. For example, if the Representative Seller claims that the appropriate adjustments are $1,000 greater than the amount determined by the Buyer and if the Accounting Firm ultimately resolves the Dispute by awarding to the Representative Seller $300 of the $1,000 contested, then the fees, costs and expenses of the Accounting Firm will be allocated 30% (i.e., $300 ÷ $1,000) to the Buyer and 70% (i.e., $700 ÷ $1,000) to the SellersSeller.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Tredegar Corp)

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Fees and Expenses of Accounting Firm. The fees, costs and expenses of the Accounting Firm shall be allocated between the BuyerBuyers, on the one hand, and the Sellers, on the other hand, based upon the percentage by which the portion of the Disputes not awarded to each party Party bears to the amount actually contested by such partyParty. For example, if the Sellers’ Representative claims that the appropriate adjustments are $1,000 greater than the amount determined by the Buyer Buyers’ Representative and if the Accounting Firm ultimately resolves the Dispute by awarding to the Representative Sellers $300 of the $1,000 contested, then the fees, costs and expenses of the Accounting Firm will be allocated 30% (i.e., $300 ÷ $1,000) to the Buyer Buyers and 70% (i.e., $700 ÷ $1,000) to the Sellers.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Tredegar Corp)

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