Examples of Actual Capital Expenditure Amount in a sentence
If such Actual Capital Expenditure Amount, as finally determined pursuant to this Section 2.3(b), increases the Shortfall Amount from the amount determined using the Estimated Capital Expenditure Amount, ETP shall, within 10 Business Days following such final determination, make a cash payment in immediately available funds to ETIH equal to the amount by which the Shortfall Amount so increased.
If OGE disagrees with the Estimated Capital Expenditure Amount, OGE may, within 30 days after Closing, deliver a notice to ETP disagreeing with the Estimated Capital Expenditure Amount and setting forth OGE’s calculation of the Actual Capital Expenditure Amount (a “Notice of Disagreement”).
Within three Business Days prior to the anticipated Closing Date, ETP shall deliver ETP’s good faith estimate of the Actual Capital Expenditure Amount (the “Estimated Capital Expenditure Amount”) together with such documentation to support such calculation as may be reasonably requested by OGE.
If a Dispute Notice is duly delivered pursuant to Section 3.10(b)(ii), the Equityholders’ Representative and Buyer shall, during the fifteen (15) days following such delivery, use their commercially reasonable efforts to reach agreement on the Disputed Items in order to determine, as applicable, the amount of the Closing Cash, the Closing Net Working Capital, the Closing Debt, the Actual Capital Expenditure Amount and the Aggregate Delayed Closing Consideration, if any.
If, during such period, ETP and OGE are unable to reach such agreement, they shall promptly thereafter jointly retain a nationally recognized accounting firm (the “Accounting Referee”) other than Xxxxx Xxxxxxxx LLP or Ernst & Young LLP to promptly review this Agreement and the disputed items or amounts for the purpose of calculating the Actual Capital Expenditure Amount.
If a Notice of Disagreement shall be duly delivered pursuant to the immediately preceding sentence, ETP and OGE shall, during the 30 days following such delivery, use reasonable efforts to reach agreement on the disputed items or amounts in order to determine the Actual Capital Expenditure Amount.
If the Actual Capital Expenditure Amount is less than the Budgeted Capital Expenditure Amount then the Closing Date Cash Consideration shall be decreased by an amount equal to twenty-five percent (25%) of such deficit.
If the Actual Capital Expenditure Amount exceeds the Budgeted Capital Expenditure Amount then the Closing Date Cash Consideration shall be increased by an amount equal to twenty-five percent (25%) of such excess.
If the Parties do not agree on the Actual Capital Expenditure Amount prior to the Closing, the Actual Capital Expenditure Amount as presented by HS will be used to adjust the Closing Date Cash Consideration at Closing and the Parties will resolve the dispute related to the Actual Capital Expenditure Amount pursuant to procedures consistent with those set forth in Section 2.5(b).
The Actual Capital Expenditure Amount, as agreed upon by the Parties, will be used to adjust the Closing Date Cash Consideration at Closing.