Examples of Excess Advance Amount in a sentence
Upon the expiration of such Venture Objection Period, Venture shall be deemed to have accepted, and shall be bound by, such Venture Statement and the amount of such Venture Excess Advance Amount, unless Venture shall have informed Sublicensee in writing of its disagreement with such Venture Excess Advance Amount prior to the expiration of the applicable Venture Objection Period (the “Venture Objection”), setting forth in reasonable detail the basis for each such dispute (each, a “Venture Disputed Item”).
Venture shall remit to Sublicensee (a) the Venture Excess Advance Amount if no Venture Objection is made by Venture during the Venture Objection Period, (b) the amount of the mutually agreeable resolved Venture Excess Advance Amount if Venture submits a Venture Objection within the Venture Objection Period, upon the mutually agreeable resolution as described above.
Upon the expiration of such Owner Objection Period, Owner shall be deemed to have accepted, and shall be bound by, such Owner Statement and the amount of such Owner Excess Advance Amount, unless Owner shall have informed Sublicensee in writing of its disagreement with such Owner Excess Advance Amount prior to the expiration of the applicable Owner Objection Period (the “Owner Objection”), setting forth in reasonable detail the basis for each such dispute (each, an “Owner Disputed Item”).
If Venture and Sublicensee are able to negotiate a mutually agreeable resolution of each Venture Disputed Item, and each signs a certificate to that effect, the Venture Statement and the calculation therein of the Venture Excess Advance Amount, as adjusted to reflect such resolution, shall be deemed final, non-appealable and binding for purposes of this Agreement.
If Owner and Sublicensee are able to negotiate a mutually agreeable resolution of each Owner Disputed Item, and each signs a certificate to that effect, the Owner Statement and the calculation therein of the Owner Excess Advance Amount, as adjusted to reflect such resolution, shall be deemed final, non-appealable and binding for purposes of this Agreement.
Owner shall remit to Sublicensee (a) the Owner Excess Advance Amount if no Owner Objection is made by Owner during the Owner Objection Period, (b) the amount of the mutually agreeable resolved Owner Excess Advance Amount if Owner submits an Owner Objection within the Owner Objection Period, upon the mutually agreeable resolution as described above.
Concurrently herewith, the Borrower shall be deemed to have borrowed the Excess Advance Amount under the Credit Agreement and satisfied its obligation to repay such amount pursuant to Section 2.02(b)(ii) under the Tax Sharing Agreement, such simultaneous borrowing and repayment to occur through book entry rather than transfer of funds.
ABSENT: None The Board led the Pledge of Allegiance – Bill McCreary read the Mission Statement.