Examples of Final Effective Date Balance Sheet in a sentence
The Closing Date Balance Sheet and the Net Working Capital Statement, (i) if the Company does not give written notice of any dispute within thirty (30) days after receipt thereof; (ii) as modified by the parties upon any mutual resolution of any dispute; or (iii) as finally determined by the Neutral Auditor, as applicable, are hereinafter referred to as the "Final Effective Date Balance Sheet" and the "Final Effective Net Working Capital Statement".
Absent manifest fraud, the decision of the Independent Accountants with respect to the Final Effective Date Balance Sheet, or the calculation of the Final Adjustment Amount, or any adjustment to the Estimated Purchase Price and any dispute relating thereto, shall be final and binding on the Parties.
In the event that Seller is required to pay CIBER any deficiency under Section 2.4(a), then Seller shall pay such amount to CIBER within fifteen (15) business days after delivery of the Final Effective Date Balance Sheet or ten (10) business days after delivery of the Certified Balance Sheet, as applicable.
The term "Final Inventory Value" shall mean the value of the Inventory as set forth on the Final Effective Date Balance Sheet.
A copy of the Final Effective Date Balance Sheet is attached hereto as Annex 2.
The parties agree and acknowledge that the preparation of the Final Effective Date Balance Sheet will be completed by individuals designated jointly by Seller and CIBER some of whom may then be employed by CIBER.
The ENA Balance Sheet, adjusted to reduce Net Assets by the amount set forth in Section 1(a) of this Settlement (the "Net Asset Reduction") and to allocate the Net Asset Reduction in the manner agreed between the parties, is hereby deemed to be the Final Effective Date Balance Sheet for all purposes under the Purchase Agreement.
Subject to the exceptions and exclusions of this Section 2.3, the Buyer agrees that on the Effective Date, it will assume and agree to perform and pay the following, but without duplication: (a) those liabilities set forth on Schedule 2.3; (b) Jobs-in-Progress; (c) all Current Liabilities other than "Deferred Revenue" as specified on the Final Effective Date Balance Sheet; and (d) all obligations of Seller under the Contracts (collectively, the "Assumed Liabilities").
The Seller shall have thirty (30) days following the delivery of the proposed Final Effective Date Balance Sheet and Buyer's calculation of the Final Adjustment Amount in which to review the Final Effective Date Balance Sheet.
The Closing Date Balance Sheet and the Net Working Capital Statement, (i) if Federal-Mogul does not give written notice of any dispute within sixty (60) days after receipt thereof; (ii) as modified by the parties upon any mutual resolution of any dispute; or (iii) as finally determined by the Neutral Auditor, as applicable, are hereinafter referred to as the "Final Effective Date Balance Sheet" and the "Final Effective Net Working Capital Statement".