Examples of EBITDA Dispute Notice in a sentence
Sellers Representative shall set forth in detail in the EBITDA Dispute Notice the basis for its disagreement with the Buyer’s calculation of the Actual EBITDA.
If Sellers Representative disputes the calculation of the Actual EBITDA within the thirty (30) day period, the parties will in good faith attempt to jointly resolve any dispute during the thirty (30) day period following the delivery of the EBITDA Dispute Notice.
If Sellers Representative fails to deliver the EBITDA Dispute Notice within the thirty (30) day period, Sellers Representative shall be deemed to have agreed to the given calculation delivered by Buyer, which calculation shall be final, conclusive and binding upon all of the parties hereto.
If no EBITDA Dispute Notice is received by the Seller on or prior to the last day of the EBITDA Review Period, then the 1998 Income Statement and the EBITDA Adjustment Certificate shall be deemed accepted by the Buyer.
If the Sellers give Buyer a written notice of objection to the Closing EBITDA Dispute Notice, and if Buyer and the Sellers fail to resolve the objections within 30 days of receipt of the notice by Buyer, Buyer and the Sellers shall submit the issues remaining in dispute with respect to the Closing EBITDA to the Independent Accountants for resolution.
In the event that the EBITDA Dispute Notice is so delivered, the parties shall negotiate to attempt to resolve the portion which is in dispute.
In the event that Seller disputes Newco's calculations of the EBITDA Amount, Seller shall, within thirty (30) days of delivery thereof, deliver a notice to Newco (the "EBITDA Dispute Notice") setting forth in reasonable detail including an estimated dollar amount, the basis of such dispute.
If the Buyer disagrees in any respect with any item or amount shown or reflected in the 1998 Income Statement or the EBITDA Adjustment Certificate or with the calculation of the 1998 Net Income or the Adjusted 1998 EBITDA, the Buyer may, on or prior to the last day of the EBITDA Review Period, deliver a written notice to the Seller setting forth in reasonable detail each disputed item or amount and the basis for the Buyer's disagreement therewith (the "EBITDA Dispute Notice").
The parties shall make available to the EBITDA Reviewing Accountant and to each other, all work papers and all other information and material in their possession relating to the matters asserted in the EBITDA Dispute Notice.
If Seller Representative disputes the calculation of the Actual Adjusted EBITDA within the allotted time period, the parties in good faith will attempt to jointly resolve any dispute during the thirty day period following the delivery of the EBITDA Dispute Notice.