Final Closing Date Net Asset Value definition

Final Closing Date Net Asset Value shall have the meaning specified in Section 4.4(b).

Final Closing Date Net Asset Value means the Closing Date Net Asset Value as finally determined in accordance with Section 2.05(a). If the Final Closing Date Net Asset Value is less than the May 30 Net Asset Value, then the Stockholders, jointly and severally, shall pay to Purchaser the amount of such shortfall. If the Final Closing Date Net Asset Value is greater than the May 30 Net Asset Value, then Purchaser shall pay to Stockholders, proportionately based on their Stock Ownership, the amount of such excess. Any payment pursuant to this Section 2.05(b) shall be made by wire transfer of immediately available funds to an account designated by the Party receiving payment within five (5) Business Days after the final determination the Final Closing Date Net Asset Value.

Final Closing Date Net Asset Value has the meaning assigned in Section 2.15. 1.22 "Financial Statements" has the meaning assigned in Section 3.6. 1.23 "GAAP" means United States generally accepted accounting principles as in effect from time to time. 1.24 "Huxxxx Xease" means that certain Agreement (attached as Exhibit 1.24) between the Buyer and Seller regarding the right of the Buyer to use the Seller's Hudson, Massachusetts facility for a certain period after the date of this Agreement. 1.25 "Indemnified Party" has the meaning assigned in Section 8.4. 1.26 "Indemnifying Party" has the meaning assigned in Section 8.4. 1.27 "Intech Savings Plan" has the meaning assigned in Section 6.10.2. 1.28 "Intellectual Property" means all (i) patents, patent applications, inventions (whether or not patentable and whether or not reduced to practice), invention disclosures, and improvements thereto, (ii) trademarks, service marks, trade dress, logos, trade names and corporate names and registrations and applications for registration thereof, (iii) copyrights and registrations and applications for registration thereof, (iv) mask works and registrations and applications for registration thereof, (v) computer software, data and documentation, (vi) trade secrets and confidential information and (vii) copies and tangible embodiments of any of the foregoing (in whatever form or medium). 1.29 "Liability" means any liability (whether known or unknown, whether absolute or contingent, whether liquidated or unliquidated, and whether due or to become due), including any liability for Taxes, any damage or loss of any kind (including consequential, special, punitive, and incidental), and any judgment, settlement, expense or cost (including those relating to any investigation or any defense or prosecution of any proceedings). 1.30 "Most Recent Financial Statements" has the meaning assigned in Section 3.6. 1.31 "Most Recent Month End" has the meaning assigned in Section 3.6. 1.32 "Most Recent Year End" has the meaning assigned in Section 3.6. 1.33 "Occurrence" means an event, incident, accident, or condition, including without any limitation which results from an act or omission (including without limitation the sale of products and continuous or repeated exposure to conditions which result in bodily injury, death or damage of any kind). INTECH CABLE, INC.

Examples of Final Closing Date Net Asset Value in a sentence

• If the Final Closing Date Net Asset Value is less than the May 30 Net Asset Value, then the Stockholders, jointly and severally, shall pay to Purchaser the amount of such shortfall.

• For the avoidance of doubt, if the Final Closing Date Net Asset Value is equal to or less than negative $200,000 (-$200,000), Xx. Xxxxxxx will not receive any Common Units pursuant to this clause (i).

• Furthermore, albumin is considered as a negative a cute-phase protein, as it decreases by 25% during physiological stress (Fuhrman et al, 2004; Banh, 2006).

• Within five days following the date on which the Final Closing Date Net Asset Value is determined pursuant to Section 2.15, Buyer shall pay to Seller the Positive Balance Sheet Adjustment Amount or Seller shall pay to Buyer the Negative Balance Sheet Adjustment Amount, plus interest on the Alpha Wire Corporation amount paid at the rate equal to the average prime interest rate as shown in The Wall Street Journal for the period from the Closing Date to the payment date (the "Balance Sheet Payment").

• The Company will issue Common Units to the holders of the Series A Preferred, if any, or to Xx. Xxxxxxx if no Series A Preferred has been issued, upon the determination of the Final Closing Date Net Asset Value.

• For the avoidance of doubt, if the Final Closing Date Net Asset Value is less than negative $442,000 (-$442,000), Xx. Xxxxxxx will not receive any Common Units pursuant to this clause (ii).

• Upon determination of the Final Closing Date Net Asset Value, the Series A Preferred shall have a per unit liquidation preference equal to the Final Closing Date Net Asset Value, divided by 1,000, plus accrued dividends as set forth in Section 6.3 below.

• If the Final Closing Date Net Asset Value is greater than the May 30 Net Asset Value, then Purchaser shall pay to Stockholders, proportionately based on their Stock Ownership, the amount of such excess.

• Any payment pursuant to this Section 2.05(b) shall be made by wire transfer of immediately available funds to an account designated by the Party receiving payment within five (5) Business Days after the final determination the Final Closing Date Net Asset Value.

• The Company will issue Common Units to the holders of the Series A Preferred upon the determination of the Final Closing Date Net Asset Value.