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This excerpt taken from the KWK 8-K filed May 19, 2009. Purchase
Price. The purchase price for the sale and conveyance of the
Assets to Buyers is Two Hundred Eighty Million and No/100 Dollars
($280,000,000.00) (the “Purchase
Price”), subject to adjustment in accordance with the terms of this
Agreement. The “Adjusted
Purchase Price” shall be the Purchase Price (a) as adjusted by the
Initial Adjustment Amount determined pursuant to Section 3.4, (b) as
adjusted for payments of portions of the Purchase Price received by Seller from
holders of Preference Rights contemporaneously with Closing in accordance with
and as contemplated by Section 7.3, (c) as adjusted downward for Title
Defects, if any, in accordance with Section 6.2(e), (d) as adjusted for gas
imbalances, if any, pursuant to Section 3.6 and (e) as adjusted downward on
account of an Option Failure occurring prior to the Closing Date as set forth in
Section 8.10.
Section
3.2 |
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