Common use of Upward Adjustment Clause in Contracts

Upward Adjustment. If the Closing Working Capital (as finally determined pursuant to Section 2.3(b)) is greater than the Estimated Working Capital, then the Purchase Price shall be adjusted upward by the amount of such excess and Buyer shall pay or cause to be paid an amount in cash equal to such excess to the Seller Representative, on behalf of the Companies. Such amount shall be paid by Buyer within five (5) Business Days from the date on which the Closing Working Capital is finally determined pursuant to Section 2.3(b), by wire transfer of immediately available funds to an account or accounts designated in writing by the Seller Representative to Buyer.

Appears in 1 contract

Sources: Asset Purchase Agreement (Unique Fabricating, Inc.)

Upward Adjustment. If the Closing Working Capital (as finally determined pursuant to Section 2.3(b)) is greater than the Estimated Working Capital, then the Purchase Price shall be adjusted upward by the amount of such excess and Buyer shall pay or cause to be paid an amount in cash equal to such excess to the Seller Representative, on behalf of the CompaniesCompany. Such amount shall be paid by Buyer within five (5) Business Days from the date on which the Closing Working Capital is finally determined pursuant to Section 2.3(b), by wire transfer of immediately available funds to an account or accounts designated in writing by the Seller Representative to Buyer.

Appears in 1 contract

Sources: Asset Purchase Agreement (Unique Fabricating, Inc.)

Upward Adjustment. If the Closing Working Capital (as finally determined pursuant to Section 2.3(b2.4(b)) is greater than the Estimated Working Capital, then the Cash Purchase Price shall be adjusted upward by the amount of such excess and Buyer shall pay or cause to be paid an amount in cash equal to such excess to the Seller Representative, on behalf of the Companies(in U.S. dollars if with respect to Intasco USA and Canadian dollars if with respect to Intasco). Such amount shall be paid by Buyer within five (5) Business Days from the date on which the Closing Working Capital is finally determined pursuant to Section 2.3(b2.4(b), by wire transfer of immediately available funds to an account or accounts designated in writing by the Seller Seller’s Representative to Buyer.

Appears in 1 contract

Sources: Asset and Stock Purchase Agreement (Unique Fabricating, Inc.)