Common use of Initial Adjustment at Closing Clause in Contracts

Initial Adjustment at Closing. At least 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 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 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, as provided in Section 11 above, receive a credit at Closing for the amount of such excess, and if the converse is true, then, as provided in Section 11 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 (Energen Corp)

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Initial Adjustment at Closing. At least 5 five (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 subsection subsections (a) and (b) 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 such dispute shall be used at Closingsubmitted to an Independent Expert pursuant to Section 20(h)(iv), subject to further adjustment under subsection (cd) 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, as provided in Section 11 above, shall receive a credit at Closing for the amount of such excess, and if the converse is true, then, as provided in Section 11 above, 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: Asset Purchase Agreement (Kodiak Oil & Gas Corp)

Initial Adjustment at Closing. At least 5 five (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 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 ’s computation shall be used at Closing, subject to further adjustment under 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, as provided in Section 11 above, receive a credit at Closing for the amount of such excess, and if the converse is true, then, as provided in Section 11 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 (Xto Energy Inc)

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Initial Adjustment at Closing. At least 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 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 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, as provided in Section 11 above, shall receive a credit at Closing for the amount of such excess, and if the converse is true, then, as provided in Section 11 above, 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 (3tec Energy Corp)

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