Common use of Resolution of Deficiency/Excess Clause in Contracts

Resolution of Deficiency/Excess. If it is finally determined pursuant to the provisions of this Article III that there is a Deficiency, then within 10 days after all Disputed Items with respect thereto have been resolved, Seller shall pay to Purchaser the amount of the Deficiency. If it is finally determined pursuant to the provisions of this Article III that there is an Excess, then within 10 days after all Disputed Items with respect thereto have been resolved, Purchaser shall pay to Seller the amount of the Excess.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Primedia Inc), Stock Purchase Agreement (New York Times Co), Stock Purchase Agreement (New York Times Co)

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Resolution of Deficiency/Excess. If it is finally determined pursuant to the provisions of this Article III Section 2.02 that there is a Deficiency, then within 10 days after all Disputed Items with respect thereto have been resolved, Seller shall pay to Purchaser the amount of the Deficiency. If it is finally determined pursuant to the provisions of this Article III Section 2.02 that there is an Excess, then within 10 days after all Disputed Items with respect thereto have been resolved, Purchaser shall pay to Seller the amount of the Excess.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Primedia Inc), Asset Purchase Agreement (Trinity Learning Corp), Asset Purchase Agreement (Trinity Learning Corp)

Resolution of Deficiency/Excess. If it is finally determined pursuant to the provisions of this Article III Section 2.02 that there is a Deficiency, then within 10 days after all Disputed Items with respect thereto have been resolved, Seller Sellers shall pay to Purchaser the amount of the DeficiencyDeficiency (not to exceed $441,000). If it is finally determined pursuant to the provisions of this Article III Section 2.02 that there is an Excess, then within 10 days after all Disputed Items with respect thereto have been resolved, Purchaser shall pay to Seller Sellers the amount of the ExcessExcess (not to exceed $441,000).

Appears in 1 contract

Samples: Asset Purchase Agreement (Primedia Inc)

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Resolution of Deficiency/Excess. If it is finally determined pursuant to the provisions of this Article III Section 1.03 that there is a Deficiency, then within 10 ten (10) days after all Disputed Items with respect thereto have been resolved, Seller shall pay to Purchaser the amount of the Deficiency. If it is finally determined pursuant to the provisions of this Article III Section 1.03 that there is an Excess, then within 10 ten (10) days after all Disputed Items with respect thereto have been resolved, Purchaser shall pay to Seller the amount of the Excess.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bisys Group Inc)

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