Consequential, Punitive and Certain Other Damages. No Indemnified Party shall be entitled to indemnification for any (i) special, punitive or exemplary damages, (ii) any loss of enterprise value, diminution in value of any business, damage to reputation or loss of goodwill, or (iii) any lost profits, consequential, indirect or incidental damages.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (GP Investments Acquisition Corp.), Agreement and Plan of Merger (GP Investments Acquisition Corp.)
Consequential, Punitive and Certain Other Damages. No Indemnified Party shall be entitled to indemnification for any (i) special, punitive punitive, lost profits, consequential or exemplary damages, (ii) any loss of enterprise valueexcept, diminution in value of any businesseach case, damage to reputation or loss of goodwill, or (iii) any lost profits, consequential, indirect or incidental damagesthe extent such damages are actually awarded against the Indemnified Party to an unaffiliated third party in connection with a Third Party Claim.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sequential Brands Group, Inc.)
Consequential, Punitive and Certain Other Damages. No Indemnified Party shall be entitled to indemnification for any (i) special, punitive or exemplary damages, (ii) any loss of enterprise value, diminution in value of any business, damage to reputation reputation, loss relating to business interruption or lost opportunity or loss of goodwill, goodwill or (iii) any lost profits, consequential, indirect or incidental damages, except, in each case if and to the extent any such damages are recovered by a third party against such Indemnified Party, and except, in the case of clauses (ii) and (iii), to the extent such Damages are reasonably foreseeable.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Envision Healthcare Holdings, Inc.)
Consequential, Punitive and Certain Other Damages. No Indemnified Party shall be entitled to indemnification for any (i) special, punitive or exemplary damages, (ii) any loss of enterprise value, diminution in value of any business, damage other than as actually paid to reputation or loss of goodwilla third party, or (iiiii) any lost profits, consequential, indirect or incidental damages, except to the extent such damages are actually paid to a third party.
Appears in 1 contract
Samples: Agreement and Plan of Merger (SMART Global Holdings, Inc.)
