Arbitrating Firm definition

Arbitrating Firm has the meaning ascribed to such term in Section 1.9(c).

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Arbitrating Firm means one of the "big five" independent public accounting firms (other than any such firm that audited the 1998 financial statements of Titan, Union Oil or the Company) selected by agreement of Union Oil and the Company or, if they cannot agree, chosen by lot by the Company from among the eligible firms.

Arbitrating Firm means ▇▇▇▇, Sapper & ▇▇▇▇▇▇.

Examples of Arbitrating Firm in a sentence

• Buyer and Seller shall each inform the Arbitrating Firm in writing as to their respective positions with respect to the Adjustment Amount, and each shall make available to the Arbitrating Firm any books and records and work papers relevant to the preparation of the Arbitrating Firm’s computation of the Adjustment Amount.

• Any determination by the Arbitrating Firm in accordance with this Section shall be final and binding on the parties.

• Within five (5) calendar days after the Arbitrating Firm delivers to the parties its written determination of the Adjustment Amount, Seller shall pay to Buyer, or Buyer shall pay to Seller, as the case may be, an amount equal to the difference between (i) the Adjustment Amount as determined by the Arbitrating Firm and (ii) the preliminary Adjustment Amount indicated in the Preliminary Adjustment Report.

• The Arbitrating Firm shall be instructed to complete its analysis within thirty (30) days from the date of its engagement and upon completion to inform the parties in writing of its own determination of the Adjustment Amount, the basis for its determination and whether its determination is within the Mid-Range (defined below) or if not, whether it is closer to Buyer’s or Seller’s written determination of the Adjustment Amount.

• The determination of the Arbitrating Firm shall be conclusive and binding on each party.

• If Seller and Buyer do not agree on the Arbitrating Firm within five (5) calendar days after the end of such 90-day period, then the Arbitrating Firm shall be a nationally recognized independent accounting firm selected by lot (after excluding one firm designated by Seller and one firm designated by Buyer).

• Any determination by the Arbitrating Firm in accordance with this Section shall be final and binding on the parties for purposes of this Section.

• Buyer and Seller shall each inform the Arbitrating Firm in writing as to their respective positions concerning the Adjustment Amount as of the Closing Date, and each shall make readily available to the Arbitrating Firm any books and records and work papers relevant to the preparation of such firm's computation of the Adjustment Amount.

• Within five (5) days after the Arbitrating Firm delivers to the parties its written determination of the Adjustment Amount, Seller shall pay to Buyer, or Buyer shall pay to Seller, as the case may be, an amount equal to the difference between (i) the Adjustment Amount as determined by the Arbitrating Firm and (ii) the preliminary Adjustment Amount indicated in the Preliminary Adjustment Report.

• The fees of the Arbitrating Firm shall be allocated and paid by Seller or Buyer, or divided between them, on a basis determined by the Arbitrating Firm to be fair taking into account the correctness of the positions asserted by each of them with respect to the disputed matters resolved by the Arbitrating Firm.

More Definitions of Arbitrating Firm

Arbitrating Firm means one of the "big five" independent public accounting firms (other than any such firm that audited the 1996 or 1997 financial statements of Seller or Buyer or any of their respective affiliates) selected by agreement of Buyer and Seller or, if they cannot agree, chosen by lot by Buyer from among the eligible firms.

Arbitrating Firm means one of the "big six" independent public accounting firms (other than any such firm that audited the 1994, 1995 or 1996 financial statements of Buyer, Seller or any of their respective Affiliates) selected by agreement of Buyer and Seller or, if they cannot agree, chosen by lot by Seller and Buyer from among the aforesaid firms. "Assets" shall mean all properties, assets, privileges, rights, interests and claims, real and personal, tangible and intangible, of every type and description, wherever located, in which Seller has any right, title or interest. "Assumed Litigation" shall mean the action entitled NFA Corp.

Arbitrating Firm has the meaning assigned in Section 3.3 hereof. ---------------- -----------

Arbitrating Firm has the meaning set forth in Section 1.6(d).

Arbitrating Firm means ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & Co. or, if it cannot serve in such capacity, another "big six" independent public accounting firm (other than KPMG Peat Marwick LLP and Price Waterhouse & Co. LLP and their respective successors) selected by agreement of Old VII and New VII or, if they cannot agree, chosen by lot from among the aforesaid firms.

Arbitrating Firm means PricewaterhouseCoopers LLP (so long as it is not the auditor for NBCU or GE or Buyer or their respective Affiliates) or another independent accounting firm of recognized national standing agreed between Sellers and Buyer.