Actual Amount Sample Clauses
The 'Actual Amount' clause defines the precise sum of money or value that is to be paid, received, or otherwise accounted for under the terms of an agreement. In practice, this clause specifies how the amount is calculated, such as referencing invoices, receipts, or other documentation to determine the exact figure owed or delivered. By clearly establishing the method for determining the actual amount, this clause ensures transparency and accuracy in financial transactions, reducing the risk of disputes over payment or value exchanged.
Actual Amount. Total amount of sales of assets in current fiscal year to date (See Schedule II for detail) $_____________
Actual Amount a. Finance Contracts (Year-To-Date) $ -
Actual Amount a. Sum of Cash & Cash Equivalents $ -- b. Availability Remaining in Super Revolver $ -- c. Availability Remaining in A/R Facility $ -- --------- d. Total Available Liquidity (a+b+c) $ --
Actual Amount. 23 The actual amount of the yearly funds is calculated each July as follows:
Actual Amount a. Senior Notes $ - b. Indebtedness under Credit Agreement (excluding L/C Obligations) $ - ----------- c. Total Debt (a+b) $ - d. Cash and Cash Equivalents $ - e. Net Inventory $ - f. Net Prepaid and Other Expenses $ -
Actual Amount. For purposes of the parties' respective obligations under Sections 8.2, 9.1 and 9.2, in computing the "Actual Amount" of any liability, damage, claim, loss, cost, or expense, the following principles will apply:
(A) The amount will be reduced to give full effect to any provision or reserve on the books of the Subsidiary as of the Closing with respect to the particular item or category of items out of which the misrepresentation, breach or nonperformance in question arose;
(B) The amount will be reduced to give full effect to any indemnity, contractual or noncontractual recoveries the indemnified party receives (or, in the event the indemnified party fails to use reasonable efforts to pursue any such recoveries it might otherwise be entitled to receive, the amount that it might otherwise be entitled to receive) from any third-party as a consequence of the fact, condition or circumstance giving rise to the misrepresentation, breach or nonperformance in question;
(C) The amount will be reduced to give full effect to any act or omission of the indemnified party that either was the cause of or increased the ultimate amount of any liability, damage, claim, loss, cost or expense incurred by the indemnified party; and
(D) The amount will be reduced to give full effect to any failure by any indemnified party to take reasonable efforts to mitigate any liability, damage, claim, loss, cost or expense incurred by such indemnified party.
Actual Amount. Consolidated Equity $ - b. Deferred Income Taxes $ - ----------- c. Consolidated Tax Adjusted Equity(a-b) $ -
Actual Amount a. Capital Expenditures (Year-to-Date) $ --
Actual Amount. For purposes of the parties’ respective obligations under Sections 8.2, 9.1 and 9.2, in computing the “Actual Amount” of any liability, damage, claim, loss, cost, or expense, the following principles will apply:
(A) The amount will be reduced to give full effect to any provision or reserve on the books of the Specialty Plastics Business as of the Closing (other than any provision or reserve relating to a Retained Liability) with respect to the particular item or category of items out of which the misrepresentation, breach, or non-performance in question arose;
(B) The amount will be reduced to give full effect to any insurance recoveries the indemnified party actually received under insurance policies after exercise of commercially reasonable efforts;
(C) The amount will be reduced to give full effect to any indemnity, contractual, or non-contractual recoveries the indemnified party actually received after exercise of commercially reasonable efforts; and
(D) The amount will be reduced to give full effect to any failure by an indemnified party to exercise commercially reasonable efforts to mitigate any liability, damage, claim, loss, cost, or expense incurred by such indemnified party.
Actual Amount. For purposes of the parties’ respective obligations under Sections 8.2, 9.1 and 9.2, in computing the “Actual Amount” of any liability, damage, claim, loss, cost, or expense, the following principles will apply:
(A) The amount will be reduced to give full effect to any provision or reserve on the books of the Fine Chemicals Business as of the Closing with respect to the particular item or category of items out of which the misrepresentation, breach, or non-performance in question arose;
(B) The amount will be reduced to give full effect to any insurance recoveries the indemnified party actually receives under insurance policies as a consequence of the fact, condition, or circumstance giving rise to the misrepresentation, breach, or non-performance in question;
(C) The amount will be reduced to give full effect to any indemnity, contractual, or non-contractual recoveries the indemnified party actually receives as a consequence of the fact, condition, or circumstance giving rise to the misrepresentation, breach, or non-performance in question;
(D) The amount will not be reduced to give any effect to any net reduction in Tax liability or other Tax benefit the indemnified party enjoys or is otherwise entitled to receive as a consequence of fact, condition, or circumstance giving rise to the misrepresentation, breach, or non-performance in question;
(E) The amount will be reduced to give full effect to any increase in the amount of the liability, damage, claim, loss, cost, or expense in question caused by any change in law after Closing; and
(F) Except in the case of claims by unaffiliated third parties, the amount will not include any consequential, indirect, multiple of earnings, lost profits, special, punitive or exemplary damages.