Common use of Merchandise Trust Adjustment Clause in Contracts

Merchandise Trust Adjustment. If the Base Net Merchandise Trust Amount is less than $3,189,150, then, subject to Section 1.6(e), the Purchase Price shall be decreased by, and SCI shall pay to Buyer, the discounted present value of the amount by which the Base Net Merchandise Trust Amount is less than $3,357,000, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than $3,524,850, then, subject to Section 1.6(e), the Purchase Price shall be increased by, and Buyer shall pay to SCI, an amount equal to the discounted present value of the amount by which the Base Net Merchandise Trust Amount is greater than $3,357,000, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than or equal to $3,189,150 but less than or equal to $3,524,850, then no adjustment shall be made to the Purchase Price, and no amount shall be due by any party hereto, under this Section 1.6(c).

Merchandise Trust Adjustment. If the Base Net Merchandise Trust Amount is less than $3,189,15036,353,650, then, subject to Section 1.6(e1.5(e), the Purchase Price shall be decreased by, and SCI Seller shall pay to Buyer, the discounted present value of the amount by which the Base Net Merchandise Trust Amount is less than $3,357,00038,267,000, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than $3,524,85040,180,350, then, then subject to Section 1.6(e), the Purchase Price shall be increased by, and Buyer shall pay to SCISeller, an amount equal to the discounted present value of the amount by which the Base Net Merchandise Trust Amount is greater than $3,357,00038,267,000, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than or equal to $3,189,150 36,353,650, but less than or equal to $3,524,85040,180,350, then no adjustment shall be made to the Purchase Price, and no amount shall be due by any party hereto, under this Section 1.6(c1.5(c).

Merchandise Trust Adjustment. If the Base Net Merchandise Trust Amount is less than $3,189,150991,900, then, subject to Section 1.6(e), the Purchase Price shall be decreased by, and SCI Seller shall pay to Buyer, the discounted present value of the amount by which the Base Net Merchandise Trust Amount is less than $3,357,0001,044,105, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than $3,524,8501,096,300, then, subject to Section 1.6(e), the Purchase Price shall be increased by, and Buyer shall pay to SCISeller, an amount equal to the discounted present value of the amount by which the Base Net Merchandise Trust Amount is greater than $3,357,0001,044,105, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than or equal to $3,189,150 991,900 but less than or equal to $3,524,8501,096,300, then no adjustment shall be made to the Purchase Price, and no amount shall be due by any party hereto, under this Section 1.6(c).

Merchandise Trust Adjustment. If the Base Net Merchandise Trust Amount is less than $3,189,15015,331,736, then, subject to Section 1.6(e1.5(e), the Purchase Price shall be decreased by, and SCI Seller shall pay to Buyer, the discounted present value of the amount by which the Base Net Merchandise Trust Amount is less than $3,357,00016,168,670, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than $3,524,85016,945,606, then, subject to Section 1.6(e1.5(e), the Purchase Price shall be increased by, and Buyer shall pay to SCISeller, an amount equal to the discounted present value of the amount by which the Base Net Merchandise Trust Amount is greater than $3,357,00016,168,670, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than or equal to $3,189,150 15,331,736 but less than or equal to $3,524,85016,945,606, then no adjustment shall be made to the Purchase Price, and no amount shall be due by any party hereto, under this Section 1.6(c1.5(c).

Merchandise Trust Adjustment. If the Base Net Merchandise Trust Amount is less than $3,189,1502,682,526, then, subject to Section 1.6(e1.5(e), the Purchase Price shall be decreased by, and SCI Seller shall pay to Buyer, the discounted present value of the amount by which the Base Net Merchandise Trust Amount is less than $3,357,0002,823,712, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than $3,524,8502,964,897, then, subject to Section 1.6(e1.5(e), the Purchase Price shall be increased by, and Buyer shall pay to SCISeller, an amount equal to the discounted present value of the amount by which the Base Net Merchandise Trust Amount is greater than $3,357,0002,823,712, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than or equal to $3,189,150 2,682,526 but less than or equal to $3,524,8502,964,897, then no adjustment shall be made to the Purchase Price, and no amount shall be due by any party hereto, under this Section 1.6(c1.5(c).

Merchandise Trust Adjustment. If the Base Net Merchandise Trust Amount is less than $3,189,1504,877,021, then, subject to Section 1.6(e), the Purchase Price shall be decreased by, and SCI shall pay to Buyer, the discounted present value of the amount by which the Base Net Merchandise Trust Amount is less than $3,357,0005,133,706, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than $3,524,8505,390,391, then, subject to Section 1.6(e), the Purchase Price shall be increased by, and Buyer shall pay to SCI, an amount equal to the discounted present value of the amount by which the Base Net Merchandise Trust Amount is greater than $3,357,0005,133,706, using a discount rate of .065 and a discount period of ASSET PURCHASE AND SALE AGREEMENT ten (10) years. If the Base Net Merchandise Trust Amount is greater than or equal to $3,189,150 4,877,021 but less than or equal to $3,524,8505,390,391, then no adjustment shall be made to the Purchase Price, and no amount shall be due by any party hereto, under this Section 1.6(c).

Merchandise Trust Adjustment. If the Base Net Merchandise Trust Amount is less than $3,189,1503,092,700, then, subject to Section 1.6(e), the Purchase Price shall be decreased by, and SCI Seller shall pay to Buyer, the discounted present value of the amount by which the Base Net Merchandise Trust Amount is less than $3,357,0003,255,483, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than $3,524,8503,418,250, then, subject to Section 1.6(e), the Purchase Price shall be increased by, and Buyer shall pay to SCISeller, an amount equal to the discounted present value of the amount by which the Base Net Merchandise Trust Amount is greater than $3,357,0003,255,483, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than or equal to $3,189,150 3,092,700 but less than or equal to $3,524,8503,418,250, then no adjustment shall be made to the Purchase Price, and no amount shall be due by any party hereto, under this Section 1.6(c).

Merchandise Trust Adjustment. If the Base Net Merchandise Trust Amount is less than $3,189,150.27,858,724, then, subject to Section 1.6(e), the Purchase Price shall be decreased by, and SCI Seller shall pay to Buyer, the discounted present value of the amount by which the Base Net Merchandise Trust Amount is less than $3,357,00029,324,973, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than $3,524,85030,791,222, then, subject to Section 1.6(e), the Purchase Price shall be increased by, and Buyer shall pay to SCISeller, an amount equal to the discounted present value of the amount by which the Base Net Merchandise Trust Amount is greater than $3,357,00029,324,973, using a discount rate of .065 and a discount period of ten (10) years. If the Base Net Merchandise Trust Amount is greater than or equal to $3,189,150 27,858,724 but less than or equal to $3,524,85030,791,222, then no adjustment shall be made to the Purchase Price, and no amount shall be due by any party hereto, under this Section 1.6(c).