Common use of Consideration and Payment Clause in Contracts

Consideration and Payment. The purchase price for the sale of the Purchased Assets sold to the Purchaser on the Closing Date shall equal the estimated fair market value of the Purchased Assets. Such purchase price shall be paid in cash to BAC in an amount agreed to between BAC and the Purchaser, and, to the extent not paid in cash by the Purchaser, shall be paid by a capital contribution by BAC of an undivided interest in such Purchased Assets that increases its equity interest in the Purchaser in an amount equal to the excess of the estimated fair market value of the Purchased Assets over the amount of cash paid by the Purchaser to BAC.