Common use of Computation of Indemnity Payments Clause in Contracts

Computation of Indemnity Payments. (a) The amount payable under this ARTICLE VI in respect of any Loss shall be calculated net of any insurance proceeds or other amounts under indemnification agreements with third parties received by the Indemnified Party on account thereof (net of any actual collection costs and reserves, deductibles, premium adjustment and retrospectively rated premiums).

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Orthopediatrics Corp), Share Purchase Agreement (Orthopediatrics Corp), Asset Purchase Agreement (Orthopediatrics Corp)

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Computation of Indemnity Payments. (a) The amount payable under this ARTICLE VI VII in respect of any Loss shall be calculated net of any insurance proceeds or other amounts under indemnification agreements with third parties received by the Indemnified Party on account thereof (net of any actual collection costs and reserves, deductibles, premium adjustment and retrospectively rated premiums).

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Orthopediatrics Corp), Asset Purchase Agreement (Olympic Steel Inc)

Computation of Indemnity Payments. (a) The amount payable under this ARTICLE Article VI in respect of any Loss shall be calculated calculated: (i) net of any insurance proceeds or other amounts under indemnification agreements with third parties actually received by the Indemnified Party on account thereof thereof; provided, however, that in each case, the determination whether to pursue such insurance recoveries shall be in the reasonable discretion of the Indemnified Parties, and (ii) net of any actual collection costs and reserves, deductibles, premium adjustment and retrospectively rated premiums)Tax benefits actually realized by the Indemnified Party on account thereof.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (ARC Group, Inc.)

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Computation of Indemnity Payments. (a) The amount payable under this ARTICLE VI in respect of any Loss shall be calculated net of any insurance proceeds or other amounts under indemnification agreements with third parties received by the Indemnified Party on account thereof (net of any actual collection costs and reserves, deductibles, premium adjustment adjustment, and retrospectively rated premiums).

Appears in 1 contract

Samples: Stock Purchase Agreement (Orthopediatrics Corp)

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