Holdback Fund definition
Examples of Holdback Fund in a sentence
Release of Adjustment Holdback Fund .......................................................31 Section 2.08.
If the Closing Purchase Price as finally determined pursuant to Section 2.04(a) exceeds the Estimated Closing Purchase Price (the absolute value of such amount, the “Surplus”), within five (5) Business Days after such final determination thereof (A) the Buyer shall deliver to Seller an amount equal to the Surplus by wire transfer or delivery of other immediately available funds, and (B) the Buyer shall release from the Adjustment Holdback Fund the remainder of the funds held therein to Seller.
The aggregate amount in the Adjustment Holdback Fund and Buyer’s right to withhold and offset an amount from any Earn-Out Payment not in excess of the Earn-Out Offset Cap shall be the Buyer’s sole and exclusive source of recovery for any amounts owing to the Buyer pursuant to this Section 2.04(b)(ii) and in no event shall the amount of such recovery exceed the sum of the Adjustment Holdback Amount plus the Earn-Out Offset Cap.