Disputed Asset definition
Examples of Disputed Asset in a sentence
For purposes of the daily report required under Section 4(b) of the Custody Agreement, the Custodian shall use the Administrative Agent’s original valuation of each Disputed Asset until it receives notice from the Administrative Agent of the alternative Assigned Value as determined pursuant to this Section 11.
The Purchase Price shall be reduced by the Allocated Value of the Disputed Asset, but all of the Disputed Assets will be the subject of binding arbitration in accordance with the procedures set forth in Article 14.6.
The Independent Accountants shall make a determination as soon as practicable within thirty (30) days (or such other time as the parties hereto shall agree in writing) after their engagement, and their resolution of the Disputed Asset Amounts and their adjustments to the Buyer Closing Date Asset Statement shall be conclusive and binding upon the Parties hereto.
Any assignment of a Disputed Asset from Seller to Buyer pursuant to a final order of the Arbitrator(s) shall be on the form similar to the assignment and ▇▇▇▇ of sale attached as Exhibit E.
If a notice of disagreement shall be delivered pursuant to the previous sentence of this Section 2.8(c)(ii), the parties shall, during the 15 Business Days following delivery of the notice that sets forth Purchaser's disagreement, use reasonable efforts to reach agreement on the Disputed Asset Items (Excluding Equipment).
If the Parties cannot resolve their disagreement with regard to (a) or (b) on or before the Closing Date, the affected Asset will be deemed a Disputed Asset and will be excluded from the Closing.
The Independent Accountants shall only decide the specific items under dispute by the Parties and their decision for each Disputed Asset Amount must be within the range of values assigned to each such item in the Buyer Closing Date Asset Statement, the Asset Objection Notice or the Depleted Inventory Statement, as applicable.
The Purchase Price shall be reduced by the Allocated Value of the Disputed Asset, but all Disputed Assets will be the subject of binding arbitration pursuant to Article 14.6.
The notice shall state, with reasonable particularity, (A) the reason or reasons FNB has determined that each such Disputed Asset is valued improperly; and (B) FNB’s proposal for the value thereof to be used in calculation of the Transfer Amount.
Identify the Disputed Asset as such in the Final Asset List, after which 235 there shall be no further consideration of the Asset unless an undertaking 236 arises with the potential to adversely affect the Disputed Asset, in which case 237 NASA shall conduct an evaluation per Stipulation 00 [NASA Determinations of 238 NRHP Eligibility] prior to commencement of the undertaking.