Indemnification Amounts. (a) An Indemnitor shall not have liability under Section 8.2 until the aggregate amount of Damages theretofore incurred by the Investor Indemnitees or the Company Indemnitees, as applicable, exceeds an amount equal to $12,500,000 (the "Damage Threshold"), in which case the Investor Indemnitees or the Company Indemnitees, as applicable, shall be entitled to all Damages they have incurred (including without limitation Damages falling below the Damage Threshold), subject to Section 8.3(b) below.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Aprisma Management Technologies Inc), Securities Purchase Agreement (Cabletron Systems Inc), Securities Purchase Agreement (Aprisma Management Technologies Inc)
Indemnification Amounts. (a) An Indemnitor shall not have liability under Section 8.2 7.2 until the aggregate amount of Damages theretofore incurred by the Investor Purchaser Indemnitees or the Company Indemnitees, as applicable, exceeds an amount equal to $12,500,000 100,000 (the "Damage ThresholdDeductible"), in which case the Investor Purchaser Indemnitees or the Company Indemnitees, as applicable, shall be entitled to Damages only in the amount by which all Damages they have incurred (including without limitation Damages falling below exceed the Damage Threshold), subject to Section 8.3(b) belowDeductible.
Appears in 1 contract
Samples: Stock Purchase Agreement (Philipp Brothers Chemicals Inc)
Indemnification Amounts. (a) An Indemnitor shall not have liability under Section 8.2 9.2 until the aggregate amount of Damages theretofore incurred by the Investor Purchaser Indemnitees or the Company Indemnitees, as applicable, exceeds an amount equal to $12,500,000 5,000,000, (the "Damage ThresholdDEDUCTIBLE"), in which case the Investor Purchaser Indemnitees or the Company Indemnitees, as applicable, shall be entitled to recover all Damages, including the Damages they have incurred (including without limitation Damages falling below constituting the Damage Threshold), subject to Section 8.3(b) belowDeductible.
Appears in 1 contract
Samples: Trust Agreement (DPL Inc)