Calculation of Loss Amount. For purposes of determining the amount of any Losses with respect to any claim for indemnification under Section 10.02 or Section 10.03 (but not for purposes of determining whether any representation or warranty in this Agreement has been breached), any qualifiers as to materiality (including Material Adverse Effect or similar terms), contained in an applicable representation and warranty shall be deemed to be deleted and shall be given no force or effect.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Rentech Inc /Co/)
Calculation of Loss Amount. For purposes of determining the amount of any Losses with respect to any claim for indemnification under Section 10.02 9.02 or Section 10.03 9.03 (but not for purposes of determining whether any representation or warranty in this Agreement has been breached), any qualifiers as to materiality (including Company Xxxxx Xxxxxxxx Adverse Effect, Buyer Material Adverse Effect or similar terms), contained in an applicable representation and warranty shall be deemed to be deleted and shall be given no force or effect.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Rentech Nitrogen Partners, L.P.)
Calculation of Loss Amount. For purposes of determining whether any representation or warranty in this Agreement has been breached and the amount of any Losses with respect to any claim for indemnification under Section 10.02 8.2 or Section 10.03 (but not for purposes of determining whether any representation or warranty in this Agreement has been breached)8.3, any qualifiers as to materiality (including Material Adverse Effect or similar terms), ) contained in an applicable representation and warranty shall be deemed to be deleted and shall be given no force or effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Revolution Medicines, Inc.)
Calculation of Loss Amount. For purposes of determining the amount of any Losses with respect to any claim for indemnification under Section 10.02 10.2(a)(i) or Section 10.03 10.2(b)(i) (but not for purposes of determining whether any representation or warranty in this Agreement has been breached), any qualifiers as to materiality (including Company Material Adverse Effect or similar termsEffect), contained in an applicable representation and warranty shall be deemed to be deleted and shall be given no force or effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Guidance Software, Inc.)
