Common use of Current Balance Sheet Clause in Contracts

Current Balance Sheet. Notwithstanding anything to the contrary set forth in the Asset Purchase Agreement and except as otherwise provided below, (i) all references in the Asset Purchase Agreement to the "Current Balance Sheet" shall mean the balance sheet of each of the Operational Sellers and the Company dated as of April 30, 2001 and attached as Exhibit 11 to this Amendment and (ii) all references in the Asset Purchase Agreement to the "Current Balance Sheet Date" shall mean April 30, 2001; provided, however, that with respect to the penultimate sentence of Section 4.18 and Sections 4.26(a) and 4.28 of the Asset Purchase Agreement, the definition of "Current Balance Sheet" and "Current Balance Sheet Date" shall mean (i) the balance sheet of each of the Operational Sellers and the Company dated as of March 31, 2001 and included in the Financial Statements attached as Schedule 4.33 to the Asset Purchase Agreement and (ii) March 31, 2001, respectively.

Appears in 1 contract

Sources: Asset Purchase Agreement (Steiner Leisure LTD)

Current Balance Sheet. Notwithstanding anything to the contrary set forth in the Asset Purchase Agreement and except as otherwise provided below, (i) all references in the Asset Purchase Agreement to the "Current Balance Sheet" shall mean the balance sheet of each of the Operational Sellers and the Company dated as of April 30, 2001 and attached as Exhibit 11 12 to this Amendment and (ii) all references in the Asset Purchase Agreement to the "Current Balance Sheet Date" shall mean April 30, 2001; provided, however, that with respect to the penultimate sentence of Section 4.18 and Sections 4.26(a) and 4.28 of the Asset Purchase Agreement, the definition of "Current Balance Sheet" and "Current Balance Sheet Date" shall mean (i) the balance sheet of each of the Operational Sellers and the Company dated as of March 31, 2001 and included in the Financial Statements attached as Schedule 4.33 to the Asset Purchase Agreement and (ii) March 31, 2001, respectively.

Appears in 1 contract

Sources: Asset Purchase Agreement (Steiner Leisure LTD)