Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 8. All indemnification payments under this Section 8 shall be deemed adjustments to the Purchase Price.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Penn Treaty American Corp), Stock Purchase Agreement (Astor Holdings Ii Inc), Stock Purchase Agreement (Rocky Mountain Internet Inc)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 8. All indemnification payments under this Section 8 shall be deemed adjustments to the Purchase PriceConsideration.
Appears in 7 contracts
Samples: Stock Exchange Agreement (Orius Corp), Stock Purchase Agreement (Orius Corp), Stock Purchase Agreement (Orius Corp)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 89. All indemnification payments under this Section 8 9 shall be deemed adjustments to the Purchase Price.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Response Oncology Inc), Membership Interest Purchase Agreement (Specialty Care Network Inc), Stock Purchase Agreement (Seafield Capital Corp)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 8Section. All indemnification payments under this Section 8 shall be deemed adjustments to the Purchase PriceConsideration.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Orius Corp), Stock Purchase Agreement (Orius Corp)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 89. All indemnification payments under this Section 8 shall be deemed adjustments to the Purchase Price.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Rocky Mountain Internet Inc), Stock Purchase Agreement (Rocky Mountain Internet Inc)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 8section 11. All indemnification payments under this Section 8 section 11 shall be deemed adjustments to the Purchase Price.
Appears in 1 contract
Samples: Asset Purchase Agreement (Kendle International Inc)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 8ss.8. All indemnification payments under this Section 8 ss.8 shall be deemed to be adjustments to the Purchase Price.
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Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 8ss.7. All indemnification payments under this Section 8 ss.7 shall be deemed to be adjustments to the Purchase Price.
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Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Federal Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 811. All indemnification payments under this Section 8 11 shall be deemed adjustments to the Purchase Price.
Appears in 1 contract
Samples: Asset Purchase Agreement (Kendle International Inc)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate appropriate applicable federal rate then in effect as the discount rate) in determining Adverse Consequences for purposes of this Section 87. All indemnification payments under this Section 8 7 shall be deemed adjustments to the Purchase PriceMerger Consideration.
Appears in 1 contract
Samples: Merger Agreement (Aris Corp/)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate ten percent (10%) as the discount interest rate) in determining Adverse Consequences for purposes of this Section 8. All indemnification payments under this Section 8 shall be deemed adjustments to the Purchase Price.
Appears in 1 contract
Samples: Units Purchase Agreement (Kendle International Inc)
Determination of Adverse Consequences. The Parties shall take into ------------------------------------- account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 86. All indemnification payments under this Section 8 6 shall be deemed adjustments to the Purchase Price.
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Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 8SECTION 9. All indemnification payments under this Section 8 SECTION 9 shall be deemed adjustments to the Purchase Price.
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Determination of Adverse Consequences. The Parties shall make appropriate adjustments for tax benefits and insurance coverage and take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 810. All indemnification payments under this Section 8 10 shall be deemed adjustments to the Purchase Price.
Appears in 1 contract
Samples: Stock and Asset Purchase Agreement (Spinnaker Industries Inc)
Determination of Adverse Consequences. The Parties shall take into account the time true cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 8. All indemnification payments under this Section 8 shall be deemed adjustments to the Purchase Price.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (China Energy Resources Corp)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 89. All indemnification payments under this Section 8 9 shall be deemed adjustments to the Purchase Price.Price (f)
Appears in 1 contract
Samples: Stock Purchase Agreement (Moneygram Payment Systems Inc)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate prime rate as set forth from time to time in the WALL STREET JOURNAL as the discount rate) in determining Adverse Consequences for purposes of this Section 8. All indemnification payments under this Section 8 shall be deemed adjustments to the Purchase Price.
Appears in 1 contract
Samples: Merger Agreement (American Consolidated Growth Corp)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate ten percent (10%) as the discount rate) in determining Adverse Consequences for purposes of this Section 8. All indemnification payments under this Section 8 shall be deemed adjustments to the Purchase Price.
Appears in 1 contract
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 87. All indemnification payments under this Section 8 7 shall be deemed adjustments to the Purchase Price.
Appears in 1 contract
Determination of Adverse Consequences. The Parties shall make appropriate adjustments for tax consequences and insurance coverage and take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 89. All indemnification payments under this Section 8 9 shall be deemed adjustments to the Purchase Price.
Appears in 1 contract
Samples: Stock Purchase Agreement (Cavanaughs Hospitality Corp)
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 810. All indemnification payments under this Section 8 10 shall be deemed adjustments to the Purchase PriceConsideration.
Appears in 1 contract
Determination of Adverse Consequences. The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 8. 6 All indemnification payments under this Section 8 6 shall be deemed adjustments to the Purchase PriceConsideration.
Appears in 1 contract
