Determining Accountant definition

Determining Accountant means an accountant that has no past or existing relationship with Seller, Traffix or any of their respective Affiliates and that is selected by Traffix’s Accountants and Seller’s Accountants in accordance with this Agreement, or, in the event of such two accountants’ inability to select a Determining Accountant, by a Judge of the Supreme Court of the State of New York, County of New York, upon petition by either Traffix or Seller.
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Determining Accountant means an accountant selected by the Accountants and the Optionee's Accountants, or in the event of such two accountants' inability to select a determining accountant, a Determining Accountant shall be selected by a Judge of the Supreme Court of the State of New York, County of New York, upon petition by either the Optionee or the Company.
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Determining Accountant means an accountant selected by the Accountants and the Present Accountants in accordance with this Agreement, or in the event of such two accountants' inability to select a determining accountant, a Determining Accountant shall be selected by a Judge of the Supreme Court of the State of New York, County of New York, upon petition by either KDTI or the ADSI Stockholders' Agent.
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Examples of Determining Accountant in a sentence

  • If the Determining Accountant determines that the ADSI Net Revenues equal or exceed, or are not less than ninety seven and one-half percent (97.5%) of, the ADSI Net Revenues initially determined by the Accountants, the ADSI Stockholders shall pay the cost of the Determining Accountant; otherwise, KDTI shall pay the cost of the Determining Accountant.

  • The Determining Accountant shall also make any other changes to the Financial Statements that are necessary or appropriate for a consistent presentation thereof in light of its determination of the issues presented for resolution.

  • Any disputes will be resolved by the Determining Accountant in the manner set forth herein.

  • If the Principal Shareholders give Buyer such notice of objection within such thirty (30) day period, the Principal Shareholders, either jointly or severally, may request that the amounts and the calculation be verified by an internationally recognized accountant ("Determining Accountant"), proposed by them and subject to the approval of Buyer in its sole and absolute discretion.

  • If no agreement is reached between them within twenty (20) business days after the date on which KDTI gave its notice of disagreement, then the Determining Accountant shall be appointed by the Accountants and the Present Accountants within seven (7) business days thereafter with instructions to resolve the disagreement and provide a report of its determination of the amounts in dispute within thirty (30) business days of its appointment.

  • If no agreement is reached between them within ten (10) 18 27 business days after the date on which the ADSI Stockholders' Agent gave its notice of disagreement, then the Determining Accountant shall be appointed by the Accountants and the Present Accountants within seven (7) business days thereafter with instructions to resolve the disagreement and provide a report of its determination of ADSI Net Revenues within thirty (30) business days of its appointment.

  • All determinations by the Present Accountants shall be subject to review by the Accountants and any disputes will be resolved by the Determining Accountant in the manner set forth herein.

  • Within the later of (i) ninety (90) days from the end of each Earnout Year, or (ii) if applicable, fifteen (15) days of the decision by the Determining Accountant pursuant to Section 1.5 with respect to such Earnout Year, the Buyer shall pay to each of the Australian Shareholders in cash the amount equal to the product equal to (x) the aggregate Australian Earnout Amount for such Earnout Year times (y) such Australian Shareholder's Percentage.

  • Such decision of the Determining Accountant shall be binding upon the ADSI Stockholders, KDTI, and KDTI-NY.

  • Within the later of (i) ninety (90) days from the end of each Earnout Year, or (ii) if applicable, fifteen (15) days of the decision by the Determining Accountant pursuant to Section 1.5 with respect to such Earnout Year, the Buyer shall pay to each of the Japanese Shareholders in cash the amount equal to the product equal to (x) the aggregate Japanese Earnout Amount for such Earnout Year times (y) such Japanese Shareholder's Percentage.


More Definitions of Determining Accountant

Determining Accountant means an accountant that has no past or existing relationship with SPEED, KDTI or any of their respective Affiliates and that is selected by the Accountants and the Present Accountants in accordance with this Agreement, or, in the event of such two accountants' inability to select a Determining Accountant, by a Judge of the Supreme Court of the State of New York, County of New York, upon petition by either KDTI or SPEED.
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Related to Determining Accountant

  • Independent Accountant means a nationally recognized accountant, or firm of accountants, that is, with respect to the Trust, an independent public accountant or firm of independent public accountants under the Securities Act of 1933, as amended.

  • Independent Accounting Firm means such nationally recognized, independent accounting firm as is mutually appointed by Seller and Buyer for purposes of this Agreement.

  • Neutral Accountant means a national independent accounting firm selected by Buyer and reasonably acceptable to Sellers.

  • Qualified accountant means a member of a professional body that is approved by ASIC in writing for the purpose of the definition. ASIC has indicated that it will approve any member of:

  • Neutral Auditor means Ernst & Young or, if Ernst & Young is unable to serve, an impartial nationally recognized firm of independent certified public accountants other than Seller’s accountants or Purchaser’s accountants, mutually agreed to by Purchaser and Seller.

  • Accountant A Person engaged in the practice of accounting who (except when this Indenture provides that an Accountant must be Independent) may be employed by or affiliated with the Issuer or an Affiliate of the Issuer.

  • Independent Auditors has the meaning set forth in Section 3.2.

  • Accounting Firm means a nationally recognized certified public accounting firm or other professional organization that is a certified public accounting firm recognized as an expert in determinations and calculations for purposes of Section 280G of the Code that is selected by the Company prior to a Change in Control for purposes of making the applicable determinations hereunder and is reasonably acceptable to Executive, which firm shall not, without Executive’s consent, be a firm serving as accountant or auditor for the individual, entity or group effecting the Change in Control.

  • Actuary means a person who is a member in good standing of the American academy of actuaries.

  • Independent Auditor has the meaning specified in subsection 7.01(a).

  • Auditor means the person for the time being performing the duties of auditor of the Company (if any).

  • Chartered Accountant means a person practicing in India or a firm whereof all the partners practicing in India as a Chartered Accountant(s) within the meaning of the Chartered Accountants Act, 1949;

  • the Auditors means the auditors from time to time of the company or, in the case of joint auditors, any one of them;

  • Independent Expert means a Person or entity with no material current or prior business or personal relationship with the Advisor or the Directors and who is engaged to a substantial extent in the business of rendering opinions regarding the value of assets of the type held by the Company.

  • Independent Financial Expert means a U.S. investment banking firm of national standing in the United States, (i) which does not, and whose directors, officers and employees or affiliates do not have a direct or indirect material financial interest for its proprietary account in the Company or any of its affiliates and (ii) which, in the judgment of the board of directors of the Company, is otherwise independent with respect to the Company and its affiliates and qualified to perform the task for which it is to be engaged.

  • Appointed actuary means any individual who is appointed or retained in accordance with the requirements set forth in 5.34(5)“c” to provide the actuarial opinion and supporting memorandum as required by Iowa Code section 508.36.

  • Determining Party For all applicable Extraordinary Events, Dealer. Non-Reliance: Applicable Agreements and Acknowledgments Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable

  • Qualified expert means an individual having the knowledge and training to measure ionizing radiation, to evaluate safety techniques, and to advise regarding radiation protection needs, for example, individuals certified in the appropriate field by the American Board of Radiology or the American Board of Health Physics, or those having equivalent qualifications. With reference to the calibration of radiation therapy equipment, an individual having, in addition to the above qualifications, training and experience in the clinical applications of radiation physics to radiation therapy, for example, individuals certified in Therapeutic Radiological Physics or X-Ray and Radium Physics by the American Board of Radiology, or those having equivalent qualifications.

  • Reporting Accountants means an accounting firm of international repute as agreed by the Seller and the Purchaser or, if that firm is unable or unwilling to act in any matter referred to them under this Agreement, such other firm of accountants to be agreed by the Seller and the Purchaser within seven (7) days of a notice by one to the other requiring such agreement or failing such agreement to be nominated on the application of either of them by or on behalf of the Institute of Chartered Accountants in England and Wales;

  • Approved Auditor means a person who is:

  • Accounting Referee has the meaning set forth in Section 6.01(c).

  • Buyer’s Accountants means Xxxxx Xxxxxxxx LLP.

  • Independent adjuster means an insurance adjuster required to be licensed under

  • Valuation Firm has the meaning set forth in Section 1.6(c)(ii).