Common use of Damage to Parent Clause in Contracts

Damage to Parent. The parties acknowledge and agree that, if the Surviving Corporation suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligation, then (without limiting any of the rights of the Surviving Corporation as an Indemnitee) Parent shall also be deemed, by virtue of its ownership of the capital stock of the Surviving Corporation, to have incurred Damages as a result of and in connection with such inaccuracy or breach. This Section 7.2(b) shall not, however, allow a duplicative recovery of the same Damages by Parent, on the one hand, and the Indemnitees other than Parent, on the other hand.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ligand Pharmaceuticals Inc)

AutoNDA by SimpleDocs

Damage to Parent. The parties acknowledge and agree that, if the Surviving Corporation Company suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligationobligation of the Company, then (without limiting any of the rights of the Surviving Corporation Company as an a Parent Indemnitee) Parent shall also be deemed, by virtue of its ownership of the capital stock of equity interest in the Surviving CorporationCompany, to have incurred Damages as a result of and in connection with such inaccuracy or breach. This Section 7.2(b) shall notbreach (it being, understood, however, allow a duplicative recovery of that the Parent Indemnitees shall not be entitled to recover more than once for the same Damages by Parent, on the one hand, and the Indemnitees other than Parent, on the other handDamages).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Insmed Inc)

Damage to Parent. The parties acknowledge and agree that, if the Surviving Corporation suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligation, then (without limiting any of the rights of the Surviving Corporation as an Indemnitee) Parent shall also be deemed, by virtue of its ownership of the capital stock of the Surviving Corporation, to have incurred such Damages as a result of and in connection with such inaccuracy or breach. This Section 7.2(b) shall notbreach (it being, understood, however, allow a duplicative recovery of that the Indemnitees shall not be entitled to recover more than once for the same Damages by Parent, on the one hand, and the Indemnitees other than Parent, on the other handDamages).

Appears in 1 contract

Samples: Agreement of Merger (Oclaro, Inc.)

AutoNDA by SimpleDocs

Damage to Parent. The parties acknowledge and agree that, if the Surviving Corporation suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligation, then (without limiting any of the rights of the Surviving Corporation as an Indemnitee) Parent shall also be deemed, by virtue of its ownership of the capital stock of the Surviving Corporation, to have incurred Damages as a result of and in connection with such inaccuracy or breach. This Section 7.2(b) shall notbreach (it being, understood, however, allow a duplicative recovery of that the Indemnitees shall not be entitled to recover more than once for the same Damages by Parent, on the one hand, and the Indemnitees other than Parent, on the other handDamages).

Appears in 1 contract

Samples: Agreement of Merger (Oclaro, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.