Neutral Accounting Arbitrator definition

Neutral Accounting Arbitrator has the meaning given to that term in Section 2.06(a).
Sample 1Sample 2Sample 3
Neutral Accounting Arbitrator has the meaning given to that term in Section 3.04(d).
Sample 1

Examples of Neutral Accounting Arbitrator in a sentence

  • The fees, costs and expenses of the Neutral Accounting Arbitrator in resolving such dispute shall be borne by the party which, in the conclusive judgment of the Neutral Accounting Arbitrator, is not the prevailing party.

  • If Operating Buyer and the Sellers’ Representative are unable to resolve any such dispute within thirty (30) days following the delivery of the Operating Entity Allocation by Operating Buyer to the Sellers’ Representative, such dispute shall be resolved by the Neutral Accounting Arbitrator in a manner consistent with the procedures set forth in Section 2.06(a).

  • If the parties are unable to resolve such dispute within 5 Business Days such parties shall submit such dispute to the Neutral Accounting Arbitrator and use their respective reasonable best efforts to cause the independent accounting firm to make a final binding determination of such aggregate amounts within 20 days after its retention, which determination shall be binding and conclusive on such parties.

  • The Neutral Accounting Arbitrator shall act as an arbitrator to determine only those items in dispute.

  • Operating Buyer and the Sellers’ Representative shall use their respective reasonable best efforts to cause the Neutral Accounting Arbitrator to resolve such dispute as soon as practicable, but in any event shall direct the Neutral Accounting Arbitrator to render a determination within 20 days after its retention.

  • The determination of the Neutral Accounting Arbitrator shall be conclusive and binding upon the parties.

  • If the Neutral Accounting Arbitrator does not make its determination by the end of such 20 day period (other than by reason of Operating Buyer’s breach of its obligations under this Section 2.06(a)), Operating Buyer shall have the right to withdraw available funds from the Escrow Account for the applicable CAFD Shortfall Amount.

  • If Holdco Buyer and the Sellers’ Representative are unable to resolve any such dispute within thirty (30) days following the delivery of the Holdco Allocation by Holdco Buyer to the Sellers’ Representative, such dispute shall be resolved by the Neutral Accounting Arbitrator in a manner consistent with the procedures set forth in Section 2.06(a).

  • If, after the determination by the Neutral Accounting Arbitrator, Operating Buyer is not the prevailing party in whole or in part, within two Business Days of such determination Operating Buyer shall pay to the Paying Agent on behalf of the Sellers the portion of the CAFD Shortfall Amount that the Neutral Accounting Arbitrator determines Operating Buyer was not entitled to withdraw from the Escrow Funds.

  • The Neutral Accounting Arbitrator will deliver to Buyer and Sellers a written determination (such determination to include a work sheet setting forth all material calculations used in arriving at such determination and to be based solely on information provided to the Neutral Accounting Arbitrator by Sellers and Buyer) of the disputed items within thirty (30) days of receipt of the disputed items (or as soon as practicable thereafter), which determination will be final, binding and conclusive.

Related to Neutral Accounting Arbitrator

  • Accounting Arbitrator has the meaning set forth in Section 2.6(c).

  • Neutral Accountant means a national independent accounting firm selected by Buyer and reasonably acceptable to Sellers.

  • Accounting Referee has the meaning set forth in Section 6.01(c).

  • Arbitration Panel shall have the meaning set forth in Section 3 hereof.

  • Arbitrable Dispute means any dispute arising under or in connection with this Agreement.

  • Neutral Auditor means Ernst & Young or, if Ernst & Young is unable to serve, an impartial nationally recognized firm of independent certified public accountants other than Seller’s accountants or Purchaser’s accountants, mutually agreed to by Purchaser and Seller.

  • Arbitration Tribunal means an organ composed of an odd number of persons known as arbitrators, who decide on the solution of a conflict in which the parties have expressly waived recourse to the ordinary civil courts

  • Neutral ’ means an individual who, with respect to an issue in controversy, functions specifically to aid the parties in resolving the controversy;

  • Arbitrators has the meaning set forth in Section 9.2(iii).

  • Accounting Firm means a nationally recognized certified public accounting firm or other professional organization that is a certified public accounting firm recognized as an expert in determinations and calculations for purposes of Section 280G of the Code that is selected by the Company prior to a Change in Control for purposes of making the applicable determinations hereunder and is reasonably acceptable to Executive, which firm shall not, without Executive’s consent, be a firm serving as accountant or auditor for the individual, entity or group effecting the Change in Control.

  • Reconciliation Dispute has the meaning set forth in Section 7.9 of this Agreement.

  • Independent Accounting Firm has the meaning set forth in Section 2.05(c).

  • Voluntary arbitration means the procedure whereby parties involved in a labor dispute

  • Notice of Arbitration means the formal notice from the CONTRACTOR or the CUSTOMER to the other party referring a dispute to arbitration in accordance with the provisions of Schedule 2-9.

  • Mediator means an individual who conducts a mediation.

  • Arbiter has the meaning set forth in Section 1.05(d).

  • Arbitrator means the authority nominated by Chief General Manager (CGM) for arbitration.

  • Mediation means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.

  • Arbitration Award shall have the meaning given such term in Section 22.5.

  • UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission on International Trade Law.

  • Independent Expert means a Person or entity with no material current or prior business or personal relationship with the Advisor or the Directors and who is engaged to a substantial extent in the business of rendering opinions regarding the value of assets of the type held by the Company.

  • Independent Financial Expert means a U.S. investment banking firm of national standing in the United States, (i) which does not, and whose directors, officers and employees or affiliates do not have a direct or indirect material financial interest for its proprietary account in the Company or any of its affiliates and (ii) which, in the judgment of the board of directors of the Company, is otherwise independent with respect to the Company and its affiliates and qualified to perform the task for which it is to be engaged.

  • Dispute Board (DB) means the person or persons named as such in the SCC appointed by agreement between the Procuring Entity and the Contractor to make a decision with respect to any dispute or difference between the Procuring Entity and the Contractor referred to him or her by the Parties pursuant to GCC Sub-Clause 46.1 (Dispute Board) hereof.

  • Arbitration means any arbitration whether or not administered by a permanent arbitral institution;

  • AAA Rules has the meaning set forth in Section 11.2.

  • Appraiser panel means a network, list or roster of licensed or certified ap- praisers approved by an AMC to per- form appraisals as independent con- tractors for the AMC. Appraisers on an AMC’s ‘‘appraiser panel’’ under this part include both appraisers accepted by the AMC for consideration for fu- ture appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions and appraisers en- gaged by the AMC to perform one or more appraisals in covered trans- actions or for secondary mortgage mar- ket participants in connection with covered transactions. An appraiser is an independent contractor for purposes of this subpart if the appraiser is treat- ed as an independent contractor by the AMC for purposes of Federal income taxation.