Examples of Purchase Price Excess in a sentence
At the Closing, (a) if there is a Purchase Price Excess, DMRC Sub shall deliver to L-1 by wire transfer of immediately available funds an amount in cash equal to the Purchase Price Excess, and (b) if there is a Purchase Price Shortfall, Digimarc shall deliver to DMRC Sub by wire transfer of immediately available funds an amount in cash equal to the Purchase Price Shortfall.
Except as otherwise provided herein, any payment of the Purchase Price Shortfall or the Purchase Price Excess, as the case may be, shall be due (x) within five (5) Business Days of acceptance of the Closing Statement or (y) if there are disputed amounts, then within five (5) Business Days of the resolution described in Section 3.3(h) above.
Notwithstanding the foregoing, Buyer may, in its sole discretion, claim any payment due to it by Seller under this Section 2.3(d) from the Escrow Amount, in which case Buyer and Seller will execute joint written instructions to be delivered to the Escrow Agent instructing the Escrow Agent to disburse to Buyer an amount equal to the Purchase Price Excess.
If the Purchase Price Excess is less than the Holdback, the Acquiror shall pay to the Selling Stockholders or the Paying Agent, on behalf of Selling Stockholders, the amount of such difference in cash, together with interest thereon from the Closing Date to the date of payment thereof as determined below.
To the extent that the net proceeds of sale exceed the Minimum Purchase Price ("Excess Net Proceeds"), such Excess Net Proceeds shall first be used to pay in full all outstanding Deferred Payments (plus any accrued and unpaid interest accruing from the Effective Date) owing to holders of Class 5 Claims up to a maximum amount payable under Class 5 of $325,000 plus accrued interest from the Effective Date as provided in the Plan (the "Class 5 Funds").
If the Purchase Price is greater than the Estimated Purchase Price (such amount, the “Purchase Price Excess”), then Buyer shall pay to the Seller an amount equal to the amount of such Purchase Price Excess.
The amount of any Purchase Price Excess, up to a maximum of $250,000, shall be paid promptly by a release from the Escrow Holdback and any amount of the Purchase Price Excess in excess of $250,000 shall be paid pro rata by the Employers Shareholders in proportion to their Pro Rata Shares.
If such amount is less than the Purchase Price Excess due Seller, then Buyer shall concurrently pay to Seller an amount equal to such difference, by wire transfer of immediately available U.S. funds, to the Seller Account.
Notwithstanding the foregoing, Buyer may, in its sole discretion, claim any payment due to it by Seller under this S ection 2.6(d) from the Escrow Amount, in which case Buyer and Seller will execute joint written instructions to be delivered to the Escrow Agent instructing the Escrow Agent to disburse to Buyer an amount equal to the Purchase Price Excess.
In the event that an Optional Purchase Price Excess exists with respect to such Mortgage Loan, such Optional Purchase Price Excess shall be remitted to the Purchaser (provided, however, that the Servicer shall be entitled to additional compensation for facilitating a sale of such Mortgage Loan for a price that exceeds the Optional Purchase Price (in an amount to be reasonably determined by the Servicer and the Purchaser)).