FINALLY DUE AND PAYABLE. No Seller shall be liable to make any payment in respect of any Claim which arises as a result of an action by a third party, which Claim constitutes a breach of Warranty, unless and until the Buyers respectively the Company have become finally liable to make payment to the third party in respect of any corresponding liability.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Pepsiamericas Inc/Il/), Amendment and Restatement Agreement (Pepsiamericas Inc/Il/), Sale and Purchase Agreement (Pepsiamericas Inc/Il/)