Common use of Payment of Final Adjustment Amount Clause in Contracts

Payment of Final Adjustment Amount. No later than five (5) Business Days after the Purchase Price and Final Adjustment Amount is finally determined in accordance with Section 2.07: (a) If the Purchase Price as finally determined pursuant to Section 2.07 exceeds the Estimated Purchase Price, then Purchaser shall pay (or cause an Affiliate to pay) to Seller an aggregate amount in cash equal to the Final Adjustment Amount by wire transfer of immediately available funds to such account or accounts as designated in writing by Seller. (b) If the Estimated Purchase Price exceeds the Purchase Price as finally determined pursuant to Section 2.07, then Seller shall pay (or cause an Affiliate to pay) to Purchaser an aggregate amount in cash equal to the Final Adjustment Amount by wire transfer of immediately available funds to such account or accounts as designated in writing by Purchaser. (c) If the Purchase Price as finally determined pursuant to Section 2.07 equals the Estimated Purchase Price, then no Final Adjustment Amount will be paid to either Party.

Payment of Final Adjustment Amount. No later than five (5) Business Days after the Final Inventory Value and the Purchase Price and Final Adjustment Amount is finally determined in accordance with Section 2.072.08: (a) If the Purchase Price as finally determined pursuant to Section 2.07 2.08 exceeds the Estimated Purchase Price, then Purchaser shall pay (or cause an Affiliate to pay) to Seller an aggregate amount in cash a payment equal to the Final Adjustment Amount by wire transfer of aggregate excess in immediately available funds to such account or accounts as designated in writing by Seller. (b) If the Estimated Purchase Price exceeds the Purchase Price as finally determined pursuant to Section 2.072.08, then Seller shall pay (or cause an Affiliate to pay) to Purchaser an aggregate amount in cash a payment equal to the Final Adjustment Amount by wire transfer of aggregate excess in immediately available funds to such account or accounts as designated in writing by Purchaser. The amount to be paid pursuant to this Section 2.09 (and as finally determined in accordance with Section 2.08) is referred to herein as the “Final Adjustment Amount. (c) ” If the Purchase Price as finally determined pursuant to Section 2.07 2.08 equals the Estimated Purchase Price, then no Final Adjustment Amount will be paid to either Partypaid.