Common use of Initial Adjustment at Closing Clause in Contracts

Initial Adjustment at Closing. At least three (3) days before the Closing Date, Seller shall provide to Buyer a statement showing its computations of the amount of the adjustments provided for in Section 11.1 above based on amounts which prior to such time have actually been paid or received by Seller. Buyer and Seller shall attempt to agree upon such adjustments prior to Closing, provided that if agreement is not reached, Seller’s computation shall be used at Closing, subject to further adjustment under Section 11.3 below. If the amount of adjustments so determined which would result in a credit to Buyer exceed the amount of adjustments so determined which would result in a credit to Seller, Buyer shall receive a credit at Closing for the amount of such excess, and if the converse is true, then the amount to be paid by Buyer to Seller at Closing shall be increased by the amount of such excess.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase, Agreement of Sale and Purchase (Halcon Resources Corp)

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Initial Adjustment at Closing. At least three (3) 5 days before the Closing Date, Seller shall provide to Buyer a statement showing its computations of the amount of the adjustments provided for in Section 11.1 above based on amounts which prior to such time have actually been paid or received by Seller. Buyer and Seller shall attempt to agree upon such adjustments prior to Closing, provided that if agreement is not reached, Seller’s computation shall be used at Closing, subject to further adjustment under Section 11.3 below. If the amount of adjustments so determined which would result in a credit to Buyer exceed the amount of adjustments so determined which would result in a credit to Seller, Buyer shall shall, as provided in Section 9.3 above, receive a credit at Closing for the amount of such excess, and if the converse is true, then then, as provided in Section 9.3 above, the amount to be paid by Buyer to Seller at Closing shall be increased by the amount of such excess.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Whiting Petroleum Corp)

Initial Adjustment at Closing. At least three (3) 3 days before the Closing Date, Seller shall provide to Buyer a statement showing its computations of the its estimated amount of the adjustments provided for in Section 11.1 subsection (a) above based on amounts which prior to such time have actually been paid or received by Seller. Buyer and Seller shall attempt to agree upon such adjustments prior to Closing, provided that if agreement is not reached, Seller’s computation shall be used at Closing, subject to further adjustment under Section 11.3 subsection (c) below. If the amount of adjustments so determined which would result in a credit to Buyer exceed the amount of adjustments so determined which would result in a credit to Seller, Buyer shall receive a credit at Closing for the amount of such excess, and if the converse is true, then the amount to be paid by Buyer to Seller at Closing shall be increased by the amount of such excess.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Petrohawk Energy Corp)

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Initial Adjustment at Closing. At least three five (35) days before the Closing Date, Seller Sellers shall provide to Buyer a statement showing its their computations of the amount of the adjustments provided for in Section 11.1 above based on amounts which prior to such time have actually been paid or received by Sellers and the allocation of such amounts to each Seller. Buyer and Seller Sellers shall attempt to agree upon such adjustments prior to Closing, provided that if agreement is not reached, Seller’s Sellers’ computation shall be used at Closing, subject to further adjustment under Section 11.3 below. If the amount of adjustments so determined which would result in a credit to Buyer exceed the amount of adjustments so determined which would result in a credit to a Seller, Buyer shall receive a credit at Closing for the amount of such excess, and if the converse is true, then the amount to be paid by Buyer to Seller Sellers at Closing shall be increased by the amount of such excess.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Ultra Petroleum Corp)

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