Common use of Basket Clause in Contracts

Basket. Notwithstanding anything contained herein to the contrary, an Indemnifying Party shall not be liable for any claim for indemnification pursuant to Section 6.02(a)(i) or 6.02(b)(i) hereto unless and until the dollar amount of all indemnifiable Losses in the aggregate exceeds $250,000 (the “Basket”), in which case the Indemnifying Party will be obligated to indemnify the Indemnified Party for all indemnifiable Losses in excess of $250,000.

Appears in 3 contracts

Samples: Asset Purchase Agreement, Assignment and Assumption Agreement (Kemet Corp), Asset Purchase Agreement (Vishay Intertechnology Inc)

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Basket. Notwithstanding anything contained herein Except with respect to the contraryFundamental Representations, an the Indemnifying Party shall not be liable for any claim to the Claiming Party for indemnification pursuant to under Section 6.02(a)(i8.2(a)(i) or 6.02(b)(i) hereto unless and Section 8.3(a)(ii), as the case may be, until the dollar amount Aggregate Net Loss in respect of all indemnifiable Losses in the aggregate indemnification under Section 8.2(a)(i) or Section 8.3(a)(ii) of such Claiming Party exceeds one hundred twenty five thousand dollars ($250,000 125,000) (the "Basket"), in which case event the Indemnifying Party will shall be obligated to indemnify the Indemnified Party liable for all indemnifiable such Losses in excess of $250,000from the first dollar.

Appears in 1 contract

Samples: Membership Interest Purchase and Contribution Agreement (Salona Global Medical Device Corp)

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Basket. Notwithstanding anything contained herein to the contrary, an The Indemnifying Party shall not be liable for any claim to the Indemnified Party for indemnification pursuant to under Section 6.02(a)(i) 9.01 or 6.02(b)(i) hereto unless and Section 9.02, as the case may be, until the dollar aggregate amount of all indemnifiable Losses in the aggregate respect of indemnification under Section 9.01 or Section 9.02, as applicable, exceeds $250,000 50,000 (the “Basket”), in which case the Indemnifying Party will shall be obligated required to indemnify pay or be liable for Losses back to the Indemnified Party for all indemnifiable Losses in excess of $250,000first dollar.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Enservco Corp)

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