Common use of Basket Amount Clause in Contracts

Basket Amount. (i) Notwithstanding any provision of this Agreement to the contrary, except as set forth in clause (ii) of this Section 7.4(b), an Indemnified Party may not recover any Losses under Section 7.2(a) hereof unless and until one or more Officer’s Certificates identifying such Losses under Section 7.2(a) hereof in excess of $1,000,000 in the aggregate (the “Basket Amount”) has or have been delivered to the Escrow Agent and the Stockholder Representative as provided in Section 7.4(f) hereof, in which case Parent shall be entitled to recover all Losses so identified.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Taleo Corp)

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Basket Amount. (i) Notwithstanding any provision of this Agreement to the contrary, except as set forth in clause (ii) of this Section 7.4(b), an Indemnified Party may not recover any Losses under clause (i) of Section 7.2(a) hereof unless and until one or more Officer’s Certificates identifying such Losses under clause (i) of Section 7.2(a) hereof in excess of $1,000,000 500,000 in the aggregate (the “Basket Amount”) has or have been delivered to the Escrow Agent and the Stockholder Representative as provided in Section 7.4(f7.4(g) hereof, in which case Parent shall be entitled to recover all Losses so identified.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Harmonic Inc)

Basket Amount. (i) Notwithstanding any provision of this Agreement to the contrary, except as set forth in clause (ii) of this Section 7.4(b8.4(c), an Indemnified Party may not recover any Losses under Section 7.2(a8.2(a)(i) hereof unless and until one or more Officer’s Certificates identifying such Losses under Section 7.2(a8.2(a)(i) hereof in excess of $1,000,000 100,000 in the aggregate (the “Basket Amount”) has or have been delivered to the Escrow Agent and the Stockholder Shareholder Representative as provided in Section 7.4(f8.4(f) hereof, in which case Parent shall be entitled to recover all Losses so identified.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Spreadtrum Communications Inc)

Basket Amount. (i) Notwithstanding any provision of this Agreement to the contrary, except as set forth in clause (ii) of this Section 7.4(b), an Indemnified Party may not recover any Losses under Section 7.2(a) hereof unless and until one or more Officer’s Certificates identifying such Losses under Section 7.2(a) hereof in excess of $1,000,000 300,000 in the aggregate (the “Basket Amount”) has or have been delivered to the Escrow Agent and or the Stockholder Shareholder Representative as provided in Section 7.4(f7.4(e)(iii) hereof, in which case Parent shall be entitled to recover all Losses so identified.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Taleo Corp)

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Basket Amount. (i) Notwithstanding any provision of this Agreement to the contrary, except as set forth in clause (ii) of this Section 7.4(b7.5(b), an Indemnified Party may not recover any Losses under Section 7.2(a7.3(a) hereof unless and until one or more Officer’s Certificates identifying such Losses under Section 7.2(a7.3(a) hereof in excess of $1,000,000 100,000 in the aggregate (the “Basket Amount”) has or have been delivered to the Escrow Agent and or the Stockholder Shareholder Representative as provided in Section 7.4(f7.5(f) hereof, in which case Parent Purchaser shall be entitled to recover all Losses so identified.

Appears in 1 contract

Samples: Arrangement Agreement (Aruba Networks, Inc.)

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