Common use of Third Party Indebtedness Clause in Contracts

Third Party Indebtedness. (i) in respect of each Seller, if the Third Party Indebtedness is less than the Estimated Third Party Indebtedness, the Purchaser shall repay to that Seller an amount equal to the deficiency; or (ii) in respect of each Seller, if the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, that Seller shall pay to the Purchaser an additional amount equal to the excess.

Appears in 5 contracts

Samples: Contribution Agreement, Contribution Agreement (Glaxosmithkline PLC), Contribution Agreement (Glaxosmithkline PLC)

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Third Party Indebtedness. (i) in respect of each SellerIf the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, the Seller shall repay to the Purchaser an amount equal to the excess; or (ii) if the Third Party Indebtedness is less than the Estimated Third Party Indebtedness, the Purchaser shall repay to that Seller an amount equal to the deficiency; or (ii) in respect of each Seller, if the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, that Seller shall pay to the Purchaser Seller an additional amount equal to the excessdeficiency.

Appears in 3 contracts

Samples: Share Purchase Agreement (Brinks Co), Share Purchase Agreement (Brinks Co), Share Purchase Agreement (Brinks Co)

Third Party Indebtedness. (i) if the Third Party Indebtedness is greater in respect of each Sellermagnitude than the Estimated Third Party Indebtedness, the Seller shall repay to the Purchaser an amount equal to the excess; or (ii) if the Third Party Indebtedness is less in magnitude than the Estimated Third Party Indebtedness, the Purchaser shall repay to that Seller an amount equal to the deficiency; or (ii) in respect of each Seller, if the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, that Seller shall pay to the Purchaser Seller an additional amount equal to the excessdeficiency.

Appears in 3 contracts

Samples: Share and Business Sale Agreement (Glaxosmithkline PLC), Share and Business Sale Agreement (Novartis Ag), Share and Business Sale Agreement (Glaxosmithkline PLC)

Third Party Indebtedness. If: (i) in respect of each Sellerthe Third-Party Indebtedness is greater than the Estimated Third-Party Indebtedness, if the Third Seller shall repay to the Purchaser an amount equal to the excess; or (ii) the Third-Party Indebtedness is less than the Estimated Third Third-Party Indebtedness, the Purchaser shall repay to that Seller an amount equal to the deficiency; or (ii) in respect of each Seller, if the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, that Seller shall pay to the Purchaser Seller an additional amount equal to the excessdeficiency.

Appears in 2 contracts

Samples: Share and Business Sale Agreement (Scotts Miracle-Gro Co), Share and Business Sale Agreement (Scotts Miracle-Gro Co)

Third Party Indebtedness. (i) in respect of each Seller, if If the Third Party Indebtedness is less than the Estimated Third Party Indebtedness, the Purchaser shall repay to that Seller an amount equal to the deficiency; or (ii) in respect of each Seller, if the relevant Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, that the Seller shall pay repay to the Purchaser an additional amount equal to the excess.; or

Appears in 2 contracts

Samples: Share Purchase Agreement (Brinks Co), Share Purchase Agreement (Brinks Co)

Third Party Indebtedness. (i) in respect of each SellerIf the relevant Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, the Seller shall repay to the Purchaser an amount equal to the excess; or (ii) if the relevant Third Party Indebtedness is less than the Estimated Third Party Indebtedness, the Purchaser shall repay to that Seller an amount equal to the deficiency; or (ii) in respect of each Seller, if the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, that Seller shall pay to the Purchaser Seller an additional amount equal to the excessdeficiency.

Appears in 2 contracts

Samples: Second Share Purchase Agreement (Brinks Co), Second Share Purchase Agreement (Brinks Co)

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Third Party Indebtedness. (i) If the Third Party Indebtedness is greater in respect of each Sellermagnitude than the Estimated Third Party Indebtedness, the Seller shall repay to the Purchaser an amount equal to the excess; or (ii) if the Third Party Indebtedness is less in magnitude than the Estimated Third Party Indebtedness, the Purchaser shall repay to that Seller an amount equal to the deficiency; or (ii) in respect of each Seller, if the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, that Seller shall pay to the Purchaser Seller an additional amount equal to the excessdeficit.

Appears in 1 contract

Samples: Share and Business Sale Agreement (Novartis Ag)

Third Party Indebtedness. (ia) in respect of each Sellerif the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, the Relevant Sellers shall repay to the Purchaser an amount equal to the excess; or (b) if the Third Party Indebtedness is less than the Estimated Third Party Indebtedness, the Purchaser shall repay to that Seller an amount equal to the deficiency; or (ii) in respect of each Seller, if the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, that Seller shall pay to the Purchaser Relevant Sellers an additional amount equal to the excessdeficiency.

Appears in 1 contract

Samples: Share Sale Agreement (Wyndham Worldwide Corp)

Third Party Indebtedness. (i) in In respect of each SellerClosing: (a) if the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, the Seller shall repay to the Purchaser an amount equal to the excess; or (b) if the Third Party Indebtedness is less than the Estimated Third Party Indebtedness, the Purchaser shall repay to that Seller an amount equal to the deficiency; or (ii) in respect of each Seller, if the Third Party Indebtedness is greater than the Estimated Third Party Indebtedness, that Seller shall pay to the Purchaser Seller an additional amount equal to the excessdeficiency.

Appears in 1 contract

Samples: Share Sale and Purchase Agreement (Callaway Golf Co)

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