Increase in Purchase Price. This Contract is conditioned upon Seller’s ability to complete the construction of the Residence at existing cost of materials and at the existing labor scale of wages. In the event that there is an increase in the cost of materials and/or in the labor scale of wages prior to the closing of title hereunder, Seller reserves the right to increase the sales price of the Residence in an amount to cover the said increases by giving written notice of such increase to Purchaser at the address set forth herein. Should Purchaser fail to notify Seller within ten (10) days after receipt of said notice of Purchaser’s consent to the increase in price, then, at the expiration of said ten (10) day period, this Contract shall be deemed terminated, cancelled and of no force and effect and Seller shall return to Purchaser all sums of money paid on account hereof, without interest, except for the approved extras already installed.
Increase in Purchase Price. If (i) the Representative and the Buyer determine in good faith that a 338(h)(10) Election would create overall net tax savings to EOIR, the Buyer, and the Sellers; (ii) the Buyer requests that a 338(h)(10) Election be made with respect to its acquisition of the EOIR Common Stock; and (iii) the Representative, in his sole discretion, determines that such election pursuant to the terms of this SECTION 4.2 would not create a material financial risk to any Seller, then the Buyer and each of the Sellers shall join together in making a 338(h)(10) Election under the terms and conditions to which the Representative and the Buyer mutually agree. Notwithstanding any such agreement between the Representative and the Buyer:
Increase in Purchase Price. If the Purchase Price Adjustment reflects a net increase in the Purchase Price in excess of One Dollar ($1.00), UOP shall pay to the Company by bank wire transfer in immediately available Federal funds to an account designated in writing by the Company the sum of: (i) the Purchase Price Adjustment; and (ii) interest on the Purchase Price Adjustment computed at a rate compounded per annum equal to the prime commercial lending rate of Morgxx Xxxranty Trust Company of New York in effect on the Closing Date from the Closing Date to the date of settlement.
Increase in Purchase Price. Seller shall be entitled to an increase in the Purchase Price with respect to any interest to which Seller has (i) record title ownership of a net revenue interest that is greater than the net revenue interest set forth on Exhibit A of this Agreement and/or (ii) an ownership interest in any Personal Property greater than the interest for such Asset set forth on Exhibit A (the "Additional Interest"). In the event that Seller is entitled to an adjustment, such adjustment shall be calculated in the same manner as downward adjustments to the Purchase Price.
Increase in Purchase Price. Notwithstanding anything to the contrary in the Sixth Amendment, for and in further consideration of this Amendment and the extension of the Closing Date, the Parties hereby agree to increase the Purchase Price by FIVE HUNDRED THOUSAND DOLLARS ($500,000) (the “Purchase Price Increase”). Accordingly, the first sentence of Section 3.01 of the Purchase Agreement shall be removed and replaced with “The total purchase price (“Purchase Price”) to be paid by Purchaser to Seller at the Closing shall be NINETY-TWO MILLION, NINE HUNDRED THREE THOUSAND DOLLARS ($92,903,000), plus or minus prorations and adjustments as provided in this Agreement (and subject to increase as provided in Section 6.01).” The Purchase Price shall be allocated among the Hotels in accordance with the allocation schedule attached hereto as Schedule 2, except as may otherwise be provided pursuant to Section 4 below.
Increase in Purchase Price. Seller shall be entitled to an increase in the Purchase Price with respect to any interest to which Seller has (i) record title ownership of a net revenue interest that is greater than the net revenue interest claimed by Seller and/or (ii) an ownership interest in any Personal Property greater than the interest for such Asset claimed by Seller. In the event that Seller is entitled to an adjustment, such adjustment shall be calculated in the same manner as downward adjustments to the Purchase Price in accordance with Paragraph 15.e. Buyer shall be obligated to notify Seller, if Buyer makes any determination of any interest increase at the same time as required for Title Defects Notice.15.e. Notwithstanding anything to the contrary herein, Buyer shall have the option to terminate this Contract due to an increase in the Purchase Price that Buyer deems is material, in its sole discretion. If Buyer exercises its option to terminate this Contract pursuant to this Paragraph 15.g., this Contract shall become void and have no effect and neither party shall have any further right or duty to or claim against the other party under this Contract, except as expressly provided to the contrary in this Contract.
Increase in Purchase Price. At the Closing, Sellers shall receive an increase in Purchase Price equal to the sum of (i) the unpaid insurance retainage from American National relating to insurance products sold by Sellers through American National for each calendar month (up to a total of three calendar months, depending on when the Effective Time occurs) for which American National has not yet made a payment prior to the Effective Time, plus (ii) the commissions relating to Sellers’ sale of Continental Car Club memberships for the calendar month immediately preceding the Effective Time. The amounts payable under this Section 3(b) shall be calculated and paid at Closing as part of the Purchase Price. If and to the extent that the American National amounts payable pursuant to clause (i) have not yet been determined by American National for one or more calendar months, then the parties will negotiate in good faith to agree upon a binding estimate for any such month. Such binding estimate shall be based upon the methodologies used by American National in making its determinations, which the parties acknowledge may vary among individual insurance products, and will take into account the actual dollar amount of policies written during such periods, the applicable commission rates and the claims actually made during such periods.
Increase in Purchase Price. If there is an increase in the Purchase -------------------------- Price based upon the adjustment set forth in Section 4.5 hereof then the Buyer shall pay to the Seller the amount of the Working Capital Adjustment on or before ten (10) business days after the expiration of the Review Period (as hereinafter defined), unless the Seller objects to the Closing Balance Sheet in accordance with Section 4.6.
Increase in Purchase Price. The defined term “Purchase Price” in Section 1 of the Purchase Agreement is hereby deleted and replaced in its entirety with the following:
Increase in Purchase Price. If payment is made for a breach of a Buyer Warranty, the payment is to be treated as an increase in the Purchase Price. 9.7 Independent Limitations Each qualification and limitation in this clause 9 is to be construed independently of the others and is not limited by any other qualification or limitation. 9.8
