Aggregate Net Amount definition
Examples of Aggregate Net Amount in a sentence
For purposes of this Section 2.07(b), AbbVie may only deliver a Dispute Notice on the basis that ▇▇▇▇▇▇’▇ calculation of the Aggregate Net Amount (or a component thereof): (1) was not in accordance with the principles set forth on Schedule 2.05(b); (2) was not in accordance with, to the extent not inconsistent with the principles set forth on Schedule 2.05(b), GAAP applied on a basis consistent with the AbbVie Pro Forma Balance Sheet; or (3) contains mathematical errors in its calculation.
The Parties shall use their commercially reasonable efforts, and shall co-operate in good faith, to ensure that the Aggregate Net Amount is paid by Abbott Luxembourg or AbbVie Luxembourg, as applicable, within the same calendar month as the Report setting forth such Aggregate Net Amount is prepared and delivered by Abbott Luxembourg to AbbVie Luxembourg pursuant to Section 2.07(a)(ii).
In calculating the Aggregate Net Amount of Investments in any Subsidiary, there will be excluded from such calculation (i) any amount that is contributed from the proceeds of equity issuances of the Borrower consummated after July 31, 2003 and (ii) the contribution to any Subsidiary of capital stock of the Borrower held in treasury on the Execution Date or any contributions to any Subsidiary of the proceeds from any transfer thereof by the Borrower or any Subsidiary.
To the extent Investments are made in a Subsidiary through indirect Investments through other Subsidiaries, the calculation of the Aggregate Net Amount of such Investments shall not be done in a duplicative manner; provided, that any Investments in Foreign Subsidiaries must at all times comply with the limitations set forth in clause (ii) above.
Notwithstanding the foregoing, to the extent that either (i) the amount of cash dividends or other cash distributions exceeds the amount of equity Investments otherwise made in such Subsidiary or (ii) the principal amount of debt repaid by such Subsidiary exceeds the principal amount advanced to such Subsidiary, then, in either case, such excess shall not be applied to reduce the Aggregate Net Amount of Investment related to any other Subsidiary.