Additional Rules and Procedures. (a) If any Third Party Claim is of a nature such that the Indemnitee is required by applicable law to make a payment to any Person (a “Third Party”) with respect to such Third Party Claim before the completion of settlement negotiations or related Legal Proceedings, the Indemnitee may make such payment and the Indemnifying Party shall, forthwith after demand by the Indemnitee, reimburse the Indemnitee for any such payment. If the amount of any liability under the Third Party Claim in respect of which such a payment was made, as finally determined, is less than the amount which was paid by the Indemnifying Party to the Indemnitee, the Indemnitee shall, forthwith after receipt of the difference from the Third Party, pay such difference to the Indemnifying Party.
Appears in 3 contracts
Samples: Share and Warrant Subscription Agreement, Share and Warrant Subscription Agreement (Mitel Networks Corp), Convertible Preferred Share Subscription Agreement (Mitel Networks Corp)
Additional Rules and Procedures. (a) If any Third Party Claim is of a nature such that the Indemnitee is required by applicable law Applicable Law to make a payment to any Person person (a “"Third Party”") with respect to such Third Party Claim before the completion of settlement negotiations or related Legal Proceedingslegal proceedings, the Indemnitee may make such payment and the Indemnifying Party Indemnitor shall, forthwith after demand by the Indemnitee, reimburse the Indemnitee for any such payment. If the amount of any liability under the Third Party Claim in respect of which such a payment was made, as finally determined, is less than the amount which was paid by the Indemnifying Party Indemnitor to the IndemniteeIndemnitee , the Indemnitee shall, forthwith after receipt of the difference from the Third Party, pay such difference to the Indemnifying Party.Indemnitor;
Appears in 2 contracts
Samples: Acquisition Agreement (Select Medical Corp), Share Purchase Agreement (Activecore Technologies Inc)
Additional Rules and Procedures. (a) If any Third Party Claim is of a nature such that the Indemnitee is required by applicable law Applicable Law to make a payment to any Person person (a “Third Party”) with respect to such Third Party Claim before the completion of settlement negotiations or related Legal Proceedings, the Indemnitee may make such payment and the Indemnifying Party Indemnitor shall, subject to the provisions of Section 6.5, forthwith after demand by the Indemnitee, reimburse the Indemnitee for any such payment. If the amount of any liability under the Third Party Claim in respect of which such a payment was made, as finally determined, is less than the amount which was paid by the Indemnifying Party Indemnitor to the IndemniteeIndemnitee , the Indemnitee shall, forthwith after receipt of the difference from the Third Party, pay such difference to the Indemnifying Party.Indemnitor;
Appears in 1 contract
Samples: Share Purchase Agreement (Team Inc)
Additional Rules and Procedures. (a) If any Third Party Claim is of a nature such that the Indemnitee is required by applicable law Law to make a payment to any Person person (a “Third Party”) with respect to such Third Party Claim before the completion of settlement negotiations or related Legal Proceedingslegal proceedings, the Indemnitee may make Indemnitor’s rights under Section 8.5 shall only apply after payment of such payment and Third Party Claim to the Indemnifying Third Party shall, forthwith after demand or the provision of sufficient security by the Indemnitee, reimburse the Indemnitee for any such paymentIndemnitor. If the amount of any liability under the Third Party Claim in respect of which such a payment was made, as finally determined, is less than the amount which was paid by the Indemnifying Party to the IndemniteeIndemnitor, the Indemnitee shall, forthwith after receipt of the difference from the Third Party, pay such difference to the Indemnifying Party.Indemnitor;
Appears in 1 contract
Samples: Agreement (Cascade Corp)
Additional Rules and Procedures. (a) If any Third Party Claim is of a nature such that the Indemnitee is required by applicable law to make a payment to any Person person (a “"Third Party”") with respect to such Third Party Claim before the completion of settlement negotiations or related Legal Proceedings, the Indemnitee may make such payment and the Indemnifying Party shall, forthwith after demand by the Indemnitee, reimburse the Indemnitee for any such payment. If the amount of any liability under the Third Party Claim in respect of which such a payment was made, as finally determined, is less than the amount which was paid by the Indemnifying Party to the Indemnitee, the Indemnitee shall, forthwith after receipt of the difference from the Third Party, pay such difference to the Indemnifying Party.
Appears in 1 contract
Samples: Exchange and Release Agreement (Mitel Networks Corp)
Additional Rules and Procedures. (a) If any Third Party Claim is of a nature such that the Indemnitee is required by applicable law Applicable Law to make a payment to any Person person (a “Third Party”"THIRD PARTY") with respect to such Third Party Claim before the completion of settlement negotiations or related Legal Proceedingslegal proceedings, the Indemnitee may make such payment and the Indemnifying Party Indemnitor shall, forthwith after demand by the Indemnitee, reimburse the Indemnitee for any such payment. If the amount of any liability under the Third Party Claim in respect of which such a payment was made, as finally determined, is less than the amount which was paid by the Indemnifying Party Indemnitor to the Indemnitee, the Indemnitee shall, forthwith after receipt of the difference from the Third Party, pay such difference to the Indemnifying PartyIndemnitor.
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