Discrepancy Amount definition
Examples of Discrepancy Amount in a sentence
The Collectible Accounts Receivable Determination and/or the Closing Date Balance Sheet, Closing Working Capital, the Closing Working Capital Discrepancy Amount (if any) or the Discrepancy Repayment (if any), each as adjusted pursuant to such report shall be final and binding on the Parties hereto and shall be submitted to the Escrow Agent with specific instructions from the Accounting Referee to release funds from the escrow account, the amount of such funds and the Party to receive such funds.
The Accounting Referee shall deliver to Nextera and FTI as promptly as practicable, and within thirty (30) days after being referred the matter, a report setting forth its adjustments (if any) to any Collectible Accounts Receivable Determination and/or the Closing Date Balance Sheet, Closing Working Capital, the Closing Working Capital Discrepancy Amount (if any) or the Discrepancy Repayment (if any), as applicable, and the calculations supporting such determinations.
If such an agreement is reached during this period, the Parties' agreement regarding any Collectible Accounts Receivable Determination, on the one hand, and/or the Closing Date Balance Sheet, Closing Working Capital, the Closing Working Capital Discrepancy Amount (if any) or the Discrepancy Repayment (if any), on the other hand, shall be final and binding on the Parties.
If no such notice of disagreement is timely delivered, then any Collectible Accounts Receivable Determination, on the one hand, and/or the Closing Date Balance Sheet, Closing Working Capital, the Closing Working Capital Discrepancy Amount (if any) and the Discrepancy Repayment (if any), on the other hand, shall be final and binding on the Parties hereto.
In the event of an underpayment, the Payor shall, concurrently with the payment of the Discrepancy, pay to the Payee interest on the Discrepancy Amount at a rate equal to the Prime Rate, which interest shall accrue from the original due date until paid in full.
In the event the accounting firm selected in accordance with Section 5(3)(a) identifies an error resulting in an underpayment or overpayment of the Royalty, the amount of the underpayment or overpayment (the “Discrepancy Amount”), as the case may be, shall, in the case of an underpayment, be paid by the Payor to the Payee at the time the Discrepancy Amount is identified, and, in the case of an overpayment, be credited by the Payee to the Payor against future Royalty payments.
If the Closing Working Capital exceeds the Working Capital Target, Buyer shall immediately repay to Sellers any Estimated Working Capital Discrepancy Amount deducted pursuant to Section 3.5(d) (the "Discrepancy Repayment") in immediately available cash funds by wire transfer to the account designated by Sellers under Section 3.2(a).
If the Closing Working Capital exceeds the Working Capital Target, Buyer shall immediately repay to Sellers any Estimated Working Capital Discrepancy Amount deducted pursuant to Section 3.5(d) (the "DISCREPANCY REPAYMENT") in immediately available cash funds by wire transfer to the account designated by Sellers under Section 3.2(a).