Examples of Net Worth Deficiency in a sentence
Further, following any such Transfer in which a Net Worth Security LC is required to be deposited with Landlord, the Successor Guarantor shall continue to maintain with Landlord a Net Worth Security LC at all such times during the Term in which a Net Worth Deficiency continues to exist on the part of the Successor Guarantor.
At its sole and exclusive option, and at any time after such 25th business day (or if applicable, not later than the fifth business day after the final determination of any Disputed Amount in accordance with Section 3.2), UniCapital shall be entitled to recover from the Escrow Property pursuant to Article 4 all or any portion of the amount of the Net Worth Deficiency not paid by the Stockholders as required by this Article 3.
An "Indemnifiable Decrease" shall be equal to the amount of any Net Worth Deficiency that consists of a liability for which UniCapital would otherwise be entitled to indemnity under Article 12 but that has been (a) accrued or (b) actually paid (so long as it was not previously accrued on or before December 31, 1997) during the Interim Net Worth Period.
If UniCapital and the Stockholders' Representative cannot resolve any such dispute relating to the Net Worth Deficiency, then such dispute shall be resolved by an independent nationally recognized accounting firm which is reasonably acceptable to UniCapital and the Stockholders' Representative (the "Independent Accounting Firm").
Notwithstanding anything in this SECTION 2 to the contrary, if there is any Net Worth Deficiency and the Stockholders dispute any item contained on the Closing Date Balance Sheet, the Stockholders shall notify the Parent in writing of each disputed item (collectively, the "Disputed Amounts"), and specify the amount thereof in dispute within thirty (30) business days after the delivery of the Closing Date Balance Sheet.