Determination of Loss. The Parties shall make appropriate adjustments for Tax benefits and insurance proceeds (reasonably certain of receipt and utility in each case) in determining the amount of any Adverse Consequence or loss for purposes of this Agreement.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ns Group Inc), Stock Purchase Agreement (Sovereign Specialty Chemicals Inc), Stock Purchase Agreement (Ns Group Inc)
Determination of Loss. The Parties shall make appropriate adjustments for Tax benefits (and losses) and insurance proceeds (reasonably certain of receipt and utility in each case) and for the time value of money (using the prime lending rate of Bank of America National Trust and Savings Association as the discount rate) in determining the amount of any Adverse Consequence or loss Consequences for purposes of this AgreementSection 10.
Appears in 2 contracts
Samples: Stock Purchase and Indemnification Agreement (Fibreboard Corp /De), Stock Purchase and Indemnification Agreement (Ski Lifts Inc)
