Common use of Determination of Loss Clause in Contracts

Determination of Loss. Indemnification pursuant to this Section 7 shall be payable with respect to any Claim described herein as subject to indemnification upon the happening of the earlier of the following: (a) Resolution of such Claim by mutual agreement of Seller, Parent and Purchaser; or (b) The issuance of a final, non-appealable judgment, award, order or other ruling by an arbitrator pursuant to Section 9.8 hereof or by a court of competent jurisdiction.

Determination of Loss. Indemnification pursuant to this Section 7 shall be payable with respect to any Claim described herein as subject to indemnification upon the happening of the earlier of the following: (a) Resolution of such Claim by mutual agreement of Seller, Parent Seller and Purchaser; or (b) The issuance of a final, non-appealable judgment, award, order or other ruling by an arbitrator pursuant to Section 9.8 hereof or by a court of competent jurisdictionjurisdiction or arbitration panel.

Determination of Loss. Indemnification pursuant to this Section Paragraph 7 shall be payable with respect to any Claim Claims described herein as subject to indemnification upon the happening of the earlier of the following: (ai) Resolution of such Claim Claims by mutual agreement of Seller, Parent among or between Stock Purchaser and PurchaserSellers as well as any applicable combination thereof; or, (bii) The issuance of a final, non-appealable judgment, final award, order or other ruling by an arbitrator pursuant to Section 9.8 hereof or by a court of competent jurisdictionParagraph 8 hereof.

Determination of Loss. Indemnification pursuant to this Section 7 3 shall be payable with respect to any Claim described herein as subject to indemnification upon the happening of the earlier to occur of the following: (a) Resolution resolution of such Claim by mutual agreement of Seller, Parent and Purchaserthe Parties; or (b) The the issuance of a final, non-appealable final judgment, award, order or other ruling by an arbitrator pursuant to Section 9.8 hereof or by a court of competent jurisdiction.

Determination of Loss. Indemnification pursuant to this Section 7 shall be payable with respect to any Claim Loss described herein as subject to indemnification upon the happening of the earlier of the following: following (a) Resolution the resolution of such Claim Loss by mutual agreement of Seller, Parent Seller and Purchaser; or and (b) The the issuance of a final, non-appealable judgment, award, order or other ruling by an arbitrator pursuant to Section 9.8 hereof or by a court of competent jurisdictionjurisdiction or arbitration panel.

Determination of Loss. Indemnification pursuant to this Section 7 13 shall be payable with respect to any Claim Claims described herein as subject to indemnification upon the happening of the earlier of the following: (ai) Resolution of such Claim Claims by mutual agreement of Seller, Parent among or between Purchaser and PurchaserSeller as well as any applicable combination thereof; or, (bii) The issuance of a final, non-appealable judgment, final award, order or other ruling by an arbitrator pursuant to Section 9.8 hereof or by a court of competent jurisdiction14 hereof.

Determination of Loss. Indemnification pursuant to this Section 7 10 shall be payable with respect to any Claim described herein as subject to indemnification upon the happening of the earlier of the following: (a) 10.3.1 Resolution of such Claim by mutual agreement of between Buyer and Seller, Parent and Purchaser; or (b) 10.3.2 The issuance of a final, non-appealable final judgment, award, order or other ruling by an arbitrator pursuant to Section 9.8 hereof or by a court of competent jurisdiction12.5 hereof.

Determination of Loss. Indemnification ---------------------- pursuant to this Section 7 10 shall be payable with respect to any Claim Claims described herein as subject to indemnification upon the happening of the earlier of the following: (ai) Resolution of such Claim Claims by mutual agreement of Seller, Parent between Seller and Purchaser; or, (bii) The issuance of a final, non-appealable judgment, final award, order or other ruling by an arbitrator arbitrator, pursuant to Section 9.8 hereof or by a court of competent jurisdiction13 hereof.

Determination of Loss. Indemnification pursuant to this Section 7 8 shall be payable with respect to any Claim described herein as subject to indemnification upon the happening of the earlier of the following: (a) Resolution of such Claim by mutual agreement of Seller, Parent between Seller and Purchaser; or (b) The issuance of a final, non-appealable final judgment, award, order or other ruling by an arbitrator pursuant to Section 9.8 hereof or by a court of competent jurisdiction11.9 hereof.

Determination of Loss. Indemnification pursuant to this Section 7 shall be payable with respect to any Claim described herein as subject to indemnification upon the happening of the earlier of the following: (a) Resolution resolution of such Claim by mutual agreement of Seller, Parent between Sellers and Purchaserthe Buying Parties; or (b) The the issuance of a final, non-appealable judgment, award, order or other ruling by an arbitrator pursuant to Section 9.8 hereof or by a court of competent jurisdiction.

Determination of Loss. Indemnification pursuant to this Section Article 7 shall be payable with respect to any Claim described herein as subject to indemnification upon the happening of the earlier of the following: (a) Resolution of such Claim by mutual agreement of Seller, Parent between Seller or the Shareholder and PurchaserPurchaser or Omnicare; or (b) The issuance of a final, non-appealable final judgment, award, order or other ruling by an arbitrator pursuant to Section 9.8 hereof or by a court of competent jurisdiction.