Common use of Determination of Loss Clause in Contracts

Determination of Loss. The parties shall make appropriate adjustments for tax benefits and insurance proceeds (reasonably certain of receipt and utility in each case) and for the time cost of money (using the Applicable Rate as the discount rate) in determining the amount of loss for purposes of this section 9. All indemnification payments under this section 9 shall be deemed adjustments to the Purchase Price.

Appears in 1 contract

Samples: Asset Purchase Agreement (Quixote Corp)

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Determination of Loss. The parties Parties shall make appropriate adjustments for tax benefits and insurance proceeds (reasonably certain of receipt and utility in each case) and for the time cost of money (using the Applicable Rate as the discount rate) in determining the amount of loss for purposes of this section 9Paragraph 8. All indemnification payments under this section 9 Paragraph 8 shall be deemed adjustments to the Purchase Price, determined based on the value of the Company Shares as of September 1, 1997.

Appears in 1 contract

Samples: Stock Purchase Agreement (Wade Cook Financial Corp)

Determination of Loss. The parties hereto shall make appropriate adjustments for tax benefits and insurance proceeds (reasonably certain of receipt and utility in each case) and for the time cost of money (using the Applicable Rate applicable federal rate as the discount rate) in determining the amount of loss Adverse Consequences for purposes of this section 9Article. All indemnification payments under this section 9 Article shall be deemed adjustments to the Aggregate Purchase Price.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tomahawk Corp)

Determination of Loss. The parties shall make appropriate adjustments for tax benefits and insurance proceeds (reasonably certain of receipt and utility in each case) and for the time cost of money (using the Applicable Rate as the discount rate) in determining the amount of loss for purposes of this section 9. All indemnification payments under this section 9 shall be deemed adjustments to the Purchase Price.

Appears in 1 contract

Samples: Asset Purchase Agreement (Digital Television Services Inc)

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Determination of Loss. The parties Parties shall make appropriate adjustments for tax Tax benefits and insurance proceeds (reasonably certain of receipt and utility in each case) and for the time cost of money (using the Applicable Rate as the discount rate) in determining the amount of loss for purposes of this section Section 9. All indemnification payments under this section Section 9 shall be deemed adjustments to the Purchase Price.

Appears in 1 contract

Samples: Asset Purchase Agreement (Quixote Corp)

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