Common use of Determining Damages Clause in Contracts

Determining Damages. Materiality qualifications to the representations and warranties of the Reporting Company and Reporting Company Shareholders shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the basket set forth in Section 10.4 has been met.

Appears in 1 contract

Samples: Share Exchange Agreement (Argenta Systems Inc)

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Determining Damages. Materiality qualifications to the representations and warranties of the Reporting Company and Reporting Company Shareholders the Acquirer shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the basket baskets set forth in Section 10.4 10.3 has been met.

Appears in 1 contract

Samples: Acquisition of Shares Agreement (Precious Investments, Inc.)

Determining Damages. Materiality qualifications to the representations and warranties of the Reporting Company and Reporting Company Shareholders shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the basket threshold set forth in Section 10.4 has 9.4 have been met.

Appears in 1 contract

Samples: Share Exchange Agreement (Neulion, Inc.)

Determining Damages. Materiality qualifications to the representations and warranties of the Reporting Company and Reporting the Acquiror Company Shareholders shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the basket baskets set forth in Section 10.4 10.2 has been met.

Appears in 1 contract

Samples: Share Exchange Agreement (Advanced Medical Institute Inc.)

Determining Damages. Materiality qualifications to the representations and warranties of the Reporting Acquiror Company and Reporting Company Shareholders shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the basket set forth in Section 10.4 11.3 has been met.

Appears in 1 contract

Samples: Share Exchange Agreement (China Biologic Products, Inc.)

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Determining Damages. Materiality qualifications to the representations and warranties of the Reporting Company and Reporting Company Shareholders shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the basket amounts set forth in Section 10.4 12.3 has been met.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ecash, Inc)

Determining Damages. Materiality qualifications to the representations and warranties of the Reporting Acquiror Company and Reporting Company Shareholders shall not be taken into account in determining the amount of Damages occasioned by a breach of any such representation and warranty for purposes of determining whether the basket baskets set forth in Section 10.4 9.2 has been met.

Appears in 1 contract

Samples: Share Exchange Agreement (Advanced Medical Institute Inc.)

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