Aggregate Threshold Sample Clauses

Aggregate Threshold. Notwithstanding anything herein to the contrary, adjustments to the Purchase Price prior to Closing for Title Defects or Environmental Defects shall only be made once the aggregate amount of all Title Defects and Environmental Defects exceed the Aggregate Threshold, in which event, Buyer shall be entitled to an adjustment to the Purchase Price for Title Defects and Environmental Defects of which Buyer provided notice to the Seller Representative in accordance with Section 3.04(a) and Section 3.08(a), as applicable.
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Aggregate Threshold. Section 8.3 . . . . 23
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Aggregate Threshold. 9.6(a) Agreement Date . . . . . . . .
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Aggregate Threshold. Seller shall have no liability to Buyer or any other Buyer Indemnified Party with respect to Losses described in Section 10.1, unless and until the aggregate of such Losses (each exceeding the per item threshold described in Section 10.4(a) above) exceeds an aggregate threshold equal to $16,000,000, and then from the first dollar of such Losses. For the avoidance of doubt, the aggregate threshold shall not apply to Losses associated with Known Litigation, Excluded Liabilities, MTLA Breaches or the Wxxxx Litigation. Additionally, this Section 10.4(b) shall not apply to Section 4.1(m)(iv), any Losses under Section 10.11 (taxes) or breaches of representations or warranties that constitute fraud.
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Aggregate Threshold ss. 7.04 Agreement............................
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Aggregate Threshold unless the aggregate amount claimed (excluding any legal or professional costs in respect of the Claims) in respect of all Warranty Claims and Tax Claims which exceed the De Minimis exceeds $17 million and then only to the extent of the excess (except in respect of any Claim relating to a Fundamental Warranty, in which case this clause 15.2(b) will not apply).
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Aggregate Threshold. There shall be liability of the Sellers only with respect to such claims as defined in Article 9.5.1 which, in the aggregate exceed CHF 5'000'000 (five million Swiss Francs). In such event the Sellers shall be liable with respect to the whole amount of the claims as defined in Article 9.5.1.
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Aggregate Threshold. This Clause 16.3(b) applies solely to those Transfers which, at any given time, took place within the previous five (5) years but excludes those Transfers which, at such time, have exceeded the applicable per-Country Transfer threshold under Clause 16.3(a) (collectively, the “Aggregated Transfers”). In each accounting year, Equant will reimburse SITA SC (or the applicable SITA Group Company) for the Material Financial Detriment Costs SITA SC (or the applicable SITA Group Company) incurs in respect of such Aggregated Transfers in excess of five percent (5%) of the sum of the budgeted costs described in Clause 16.3(a)(i) for such Aggregated Transfers. SITA SC (or the applicable SITA Group Company) will solely bear the Material Financial Detriment Costs resulting from such Aggregated Transfers until this aggregate threshold is exceeded.
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Related to Aggregate Threshold

  • Threshold Neither the Sellers nor the Purchasers shall be required to make any indemnification payment pursuant to Section 8.1 or 8.2, respectively, until such time as the total amount of all Damages that have been directly or indirectly suffered or incurred by an Indemnified Party, or to which an Indemnified Party has or otherwise becomes subject to, exceeds $50,000 in the aggregate. At such time as the total amount of such Damages exceeds $50,000 in the aggregate, the Indemnified Party shall be entitled to be indemnified against the full amount of such Damages (and not merely the portion of such Damages exceeding $50,000).

  • Aggregate Amount The aggregate principal amount of the Notes that may be initially authenticated and delivered under the Third Supplemental Indenture shall be U.S.$750,000,000. As provided in the Original Indenture, the Company may, from time to time, without the consent of the Holders of Notes, issue Add On Notes having identical terms (including CUSIP, ISSN and other relevant identifying characteristics as the Notes), so long as, on the date of issuance of such Add On Notes: (i) no Default or Event of Default shall have occurred and then be continuing, or shall occur as a result of the issuance of such Add On Notes, (ii) such Add On Notes shall rank pari passu with the Notes and shall have identical terms, conditions and benefits as the Notes and be part of the same series as the Notes, (iii) the Company and the Trustee shall have executed and delivered a further supplemental indenture to the Indenture providing for the issuance of such Add On Notes and reflecting such amendments to the Indenture as may be required to reflect the increase in the aggregate principal amount of the Notes resulting from the issuance of the Add On Notes, (iv) Petrobras and the Trustee shall have executed and delivered an amended Standby Purchase Agreement reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of the Add On Notes and (v) the Trustee shall have received all such opinions and other documents as it shall have requested, including an Opinion of Counsel stating that such Add On Notes are authorized and permitted by the Indenture and all conditions precedent to the issuance of such Add On Notes have been complied with by the Company and Petrobras. All Add On Notes issued hereunder will, when issued, be considered Notes for all purposes hereunder and will be subject to and take the benefit of all of the terms, conditions and provisions of this Indenture.

  • Aggregate Net Assets For each Lifecycle Portfolio, Aggregate Net Assets include the net assets of all the JHF II Lifecycle Portfolios and the net assets of all the JHT Lifecycle Trusts. The JHT Lifecycle Trusts are: the Lifecycle 2010 Trust, Lifecycle 2015 Trust, Lifecycle 2020 Trust, Lifecycle 2025 Trust, Lifecycle 2030 Trust, Lifecycle 2035 Trust, Lifecycle 2040 Trust, Lifecycle 2045 Trust and Lifecycle 2050 Trust. Lifestyle Portfolios Rates Applied to Aggregate Net Assets of the Fund of Funds (1) Fund of Funds Affiliated Fund Assets Other Assets First $7.5 billion Excess Over $7.5 billion First $7.5 billion Excess Over $7.5 billion Each Lifestyle Portfolio 0.050% 0.040% 0.500% 0.490%

  • Aggregate Limit The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 and 5.5 hereof.

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Minimum Adjusted EBITDA As of any date of determination from and after April 1, 2008, if Borrowers do not have Net Debt in an amount less than $4,000,000 at all times during the most recently completed fiscal quarter, then Borrowers shall not fail to achieve Adjusted EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto (and the failure to do so shall be deemed an Event of Default): Applicable Amount Applicable Period $(1,234,000) For the 3 month period ending March 31, 2008 $(1,246,000) For the 6 month period ending June 30, 2008 $(200,000) For the 9 month period ending September 30, 2008 $(839,000) For the 12 month period ending December 31, 2008 $(750,000) For the 12 month period ending March 31, 2009 17 Applicable Amount Applicable Period $(500,000) For the 12 month period ending June 30, 2009 $(150,000) For the 12 month period ending September 30, 2009 $150,000 For the 12 month period ending December 31, 2009 $350,000 For the 12 month period ending March 31, 2010 $550,000 For the 12 month period ending June 30, 2010 $750,000 For the 12 month period ending September 30, 2010 $950,000 For the 12 month period ending December 31, 2010 and for each 12 month period ending as of the last day of each fiscal quarter thereafter

  • Minimum Amounts and Maximum Number of Tranches All borrowings, prepayments, conversions and continuations of Loans hereunder and all selections of Interest Periods hereunder shall be in such amounts and be made pursuant to such elections so that, after giving effect thereto, the aggregate principal amount of the Loans comprising each Eurodollar Tranche shall be equal to $10,000,000 or a whole multiple of $1,000,000 in excess thereof. In no event shall there be more than five Eurodollar Tranches outstanding at any time.

  • Aggregate Purchase Price The aggregate purchase price for the Notes (the “Aggregate Purchase Price”) shall equal the result of (x) divided by (y), where (x) equals the Aggregate Principal Amount and (y) equals 1.25. Each date upon which a Closing occurs is a “Closing Date”.

  • Cap Amount If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

  • Minimum Investment Subject to certain individual state requirements and except for shares issued pursuant to the DRIP, Shares may be sold only to investors who initially purchase a minimum of $5,000, subject to certain state requirements as described in the Prospectus. With respect to Selected Broker-Dealer’s participation in any resales or transfers of the Shares, Selected Broker-Dealer agrees to comply with any applicable requirements set forth in Section 2 and to fulfill the obligations pursuant to FINRA Rule 2310.

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