Examples of Determining Accountant in a sentence
If no agreement is reached between them within thirty (30) days after the date on which Buyer gives its Notice of Disagreement, then a determining accountant (the "Determining Accountant") shall be appointed by the Buyer's Accountants and the Present Accountants within ten (10) days thereafter with instructions to resolve the disagreement and provide a report of its determination of the amounts in dispute within thirty (30) days of its appointment.
The Sellers and the Purchaser shall each pay half of the fees and expenses of the Determining Accountant, with the Sellers advancing half, and the Purchaser advancing the other half, of any retainer fee or deposit required by the Determining Accountant in advance of a final resolution.
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.
The decision of the Determining Accountant shall be delivered in a written report addressed to Traffix and Seller and shall be binding and conclusive upon the parties hereto.
The costs and fees of the Determining Accountant shall be borne one-half by Seller and one-half by Traffix; provided, however, that if the amount of the New Send EBITDA reflected in the Statement is more than $50,000 less than the amount determined by the Determining Accountant and such miscalculation was not caused by the act or omission of Seller, Xxxxx or Xxxx or any of their respective Affiliates, then Traffix shall bear all of such costs and fees.
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.
In Kristeva’s system, abjection is at some point synonymous with castration, which is integral to the formation of symbolic identity: “To preserve himself from severance, he is ready for more – flow, discharge, hemorrhage.
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.
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Such decision of the Determining Accountant shall be binding upon the ADSI Stockholders, KDTI, and KDTI-NY.